Nationality and Borders Bill

Baroness Neuberger Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Neuberger (CB)]

My Lords, I declare an interest as chair of the Schwab and Westheimer Trusts, which help young asylum seekers in this country who cannot work and cannot access student finance to access further and higher education.

My mother, and many members of my family, came to this country as asylum seekers from Nazi Germany. I have some inherited understanding of these issues and, unlike the example given by the noble Lord, Lord Teverson, it was quite a recent event. The Bill appears to have little understanding of what it means to be an asylum seeker in this country—often desperate, insecure, unwelcome and feeling unwanted. As other noble Lords have said, the UK receives relatively few asylum applications compared with other European countries. The international norm, as set out in the 1951 convention, is to accept asylum applications regardless of the mode of arrival. Nowhere in international law is there a rule around people needing to seek protection in the first safe country in which they arrive. Nor should there be.

The Government appear to doubt that those crossing the channel in small boats are doing so to claim protection. However, as others have said, analysis by the Refugee Council has shown that by far the majority have come from just 10 countries where human rights abuses and persecution are rife, including Afghanistan, Iran, Syria, Iraq, Sudan, Eritrea and Yemen. For many of these nationals, there is no legal refugee resettlement route to the UK. The majority of people from those countries are eventually recognised as refugees, thereby showing that the UK’s asylum system understands that at least some of them are in need of protection. Reducing the rights of refugees who arrive in the UK irregularly will not reduce the numbers fleeing war and persecution, nor will it make their travel routes any safer. People do not board unsafe small boats from France for fun. They do not trust people traffickers because they are stupid. They just do not have an alternative. These measures will not help that.

I want to raise three further specific points. Refugees in the UK often find themselves separated from their families following brutal experiences of conflict and persecution. Refugee family reunion allows people to come to the UK to reunite with family members in a safe way. In the past five years, over 29,000 people have arrived in the UK through family reunion— 90% of them women and children. The restrictions to family reunion rights in the Bill will increase the numbers resorting to unsafe routes and will particularly impact women and children.

My second point is about age. Unaccompanied children face particular problems in proving their date of birth. Many have no official identity documents and, in the absence of documentation, it is extremely difficult to determine a child’s age. Yet age is fundamental to their receiving the support and protection that they need. We know that children as young as 14 have been placed in immigration detention, alone in accommodation with adults, with no safeguarding measures and at risk of abuse. Of course there will need to be some age assessments but they need to be done sensitively by people skilled and experienced in carrying them out. Yet Clauses 48, 49 and 52 give the Home Secretary broad powers to designate who can undertake age assessments and to compel local authorities to assess the age of a child and hand over evidence to immigration officials, thereby undermining their independence. Clause 52 allows the Home Secretary to make regulations about how age assessments are carried out. This includes the use of so-called scientific methods to assess age, which allows the Government to introduce regulations specifying scientific methods to be used, including all sorts of horrible things such as

“examining or measuring parts of a person’s body”,

analysis of saliva and so on. These “scientific methods” have largely been discredited. I ask the Minister to explain to this House why she is proposing that those methods be allowed. If she thinks that maybe they should not be, will she reconsider?

Lastly, as other noble Lords have said, Part 5 provides for far-ranging reform of modern slavery legislation alongside other proposals that will impact all children who are at significant risk of exploitation, especially those who are trafficked. Children’s rights and protection must be put first. This is an urgent human rights and child protection issue. In fact, if the proposals go ahead, it will be a bit of a crisis. I ask the Minister to say whether she will carry out a children’s rights assessment before we reach the end of proceedings on the Bill.