Safety of Rwanda (Asylum and Immigration) Bill

Baroness Neuberger Excerpts

Report stage
Wednesday 6th March 2024 Lords Chamber

[The Lord Bishop of Chelmsford]

My Lords, I rise also to support Amendment 34. I will keep my comments brief because I fully support the statements from the noble Baroness, Lady Lister, and the noble Lord, Lord Dubs. But please do not mistake my brevity with the level of importance that should be attached to this issue. Safeguarding is not some burdensome requirement but a moral and legal imperative. It is for this reason that I repeat the request that I made in Committee for a child’s rights impact assessment to be published.

It is welcome that the Government have excluded unaccompanied children from the Rwandan partnership, but to safeguard potential children effectively, this commitment must be more than a mere intention; it must be operationally put into practice. This amendment would help mitigate the risk of a person being sent erroneously—when they are, in fact, a child—by sensibly awaiting the result of any age assessment challenge before their removal. When it comes to a child, we cannot allow harm to be addressed retrospectively, as surely it is the role of any Government to prevent harm, regardless of the immigration objective. Trauma, as we have heard, simply cannot be remedied.

The Minister has shared that the Home Office will treat an individual claiming to be a child as an adult, without conducting further inquiries, only if two officers have separately determined that the individual’s appearance and demeanour strongly suggest that they are significantly over the age of 18. But practice to date shows that this is no safeguard at all, because it has not prevented hundreds of children from being incorrectly assessed as adults.

I also want to add that the hotels reinspection report by the Independent Chief Inspector of Borders and Immigration, finally published last week, states,

“there has been no assessment of the collective needs of the children”.

That is traumatised unaccompanied children whom the Home Office has placed in hotels. This disturbing finding does not provide any reassurance that the Home Office is equipped to ensure children are protected through the age assessment process.

Therefore, given that errors have been made in the age verification process and children have been subjected to unsafe adult environments as a result, can I ask the Minister to agree today to review the Home Office’s age assessment guidance, in consultation with stakeholders, in light of the new risks posed by the Rwandan removals? Will he also be willing to meet with the signatories of the amendments in this group to discuss this matter?

Finally, the golden rule, “Do to others as you would have them do to you”, could easily be rephrased for this context into the question, “Would you consent to this course of action for your own child or grandchild?” I do not believe that there is anyone among us who would. For this reason, I pray that the Government consider the issues raised today with the consideration that every child deserves.

[Baroness Neuberger (CB)]

My Lords, I rise very briefly to support the amendment in the name of the noble Baroness, Lady Lister of Burtersett, the noble Lord, Lord Dubs, and the right reverend Prelate the Bishop of Chelmsford.

I wholly agree, and I particularly want to echo what the right reverend Prelate said. Would you allow this to happen to your child or grandchild? The answer around this Chamber will be “no”—therefore it should be our answer.

[Baroness Butler-Sloss (CB)]

My Lords, I also support Amendment 34. Several years ago, I was invited by the charity Safe Passage to a drop-in centre of young people who were migrants. I talked to two young Afghans, both of whom were known to be under 18. One had a moustache and the other had a beard. How on earth could an assessment be made, if they did not have any papers, that they were not over 18? There are real problems with some countries where the children—particularly the boys—mature very quickly. That is the sort of problem that is not being met by the Bill.

Safety of Rwanda (Asylum and Immigration) Bill

Baroness Neuberger Excerpts

Committee stage
Monday 19th February 2024 Lords Chamber

I shall finish with a case study from the report I mentioned. Ahmed was a 17 year-old Afghan who arrived on a small boat last June, having been rescued following a frightening voyage. He had photographs on his phone of documents proving his age, but he was not permitted to show them to immigration officers. He was treated as an adult, spent two days at Manston sleeping on the floor in a tent, and ended up in a London hotel, where he had to share a room with an unrelated adult male. He experienced acute distress and discomfort and felt that no one was listening to him. He took himself to a police station and finally, with the help of Humans for Rights Network, was visited by social services and was accepted by them as a child. Under the Bill, Ahmed might have ended up in Rwanda without a civil society organisation to help him. We must try to prevent that happening, so I hope the Minister will seriously consider this amendment. I beg to move.

[Baroness Neuberger (CB)]

My Lords, I support the noble Baronesses, Lady Lister of Burtersett and Lady Brinton, and the right reverend Prelate the Bishop of Chelmsford, and I wish to make only a very few short points in relation to Amendments 54 and 55, to which I have added my name. I apologise that I could not be here for the two previous days in Committee, due to prior commitments.

Once again, we are considering the age-old issue of age assessment of young asylum seekers. I will not rehearse the many arguments about the validity of such age assessments using so-called scientific means or, indeed, any other means; I have spoken in this House on many occasions on this very subject. Now, the consequences of these age assessments may be very much worse than hitherto: as the noble Baroness, Lady Lister, rightly said, you may be sent to Rwanda, and you might even be sent back and forth like an unwanted parcel. This is really serious: time and time again, we have seen unaccompanied children incorrectly assessed by the Home Office as adults on their arrival in the UK and treated as if they were over 18, only for them to be determined to be children after further assessment.

In addition to the evidence the noble Baroness has just given us from various organisations that have found age assessments to be wrong, we have evidence from local authorities’ children’s services—and noble Lords might think that they would know. They reveal that in the first six months of 2023 alone, 485 children were wrongly assessed by the Home Office as adults. Under the Bill, those 485 children, as well as all the others cited by the noble Baroness, would face removal to Rwanda. Furthermore, should those children seek to challenge the incorrect assessment, Section 57 of the Illegal Migration Act provides that the Home Secretary can still make arrangements to remove them to Rwanda, as we have heard, while the UK courts and tribunals are considering the challenge of the age assessment. There is a real risk, given the numbers we already know about, that children arriving alone in the UK in search of safety will mistakenly be sent to Rwanda before they can access justice. That is truly shocking.

European Union (Withdrawal) Bill

Baroness Neuberger Excerpts

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

[Baroness Neuberger (CB)]

My Lords, I support this amendment, which is in the name of my noble friend Lord Warner and others. It has been nicknamed, as everybody knows, the “do no harm” amendment although perhaps, more accurately, it should be the “do not roll back” amendment. I declare interests as an honorary fellow of the Faculty of Public Health—I too wish to thank the faculty and staff for its briefing—and as a former chief executive of the King’s Fund.

Much has already been argued, and I will not repeat any of that; it is late, and there are more amendments to come. However, I lay on the line that, as was asserted by the noble Lord, Lord Deben, in the debate on the amendment on medical devices, this is a moral issue. “First, do no harm” is a moral imperative taught to all medical and healthcare students, and this amendment makes it clear that those hard-won advances in public health as a result of EU legislation and regulation must not be rolled back, for whatever reason, be they air quality, tobacco packaging, alcohol pricing or whatever else that has been raised from around the House. The Government have given assurances that all will be well. However, as my noble friend Lord Warner has already said, we need more. We need this in the Bill. I cannot remember the public health community coming so strongly together on anything since tobacco packaging. This matters hugely to those who work in the area of public health, and it should matter to all of us. There is concern out there, and a moral imperative in the amendment. I support it strongly.

[Lord Hunt of Kings Heath]

My Lords, this has been an interesting debate, and we have identified some of the challenges that we face in public health: air quality, environmental standards, food standards, accidents, infectious diseases and, indeed, huge health inequalities. I listened with interest to the noble Baroness, Lady Oppenheim-Barnes. Overall, I disagreed with her. Of course, you can pick out some regulations from the EU with which one might disagree or think that they do not go far enough, and she identified an issue around labelling. Overall, however, the EU has been generally helpful and a force for improvement in public health. I mention in particular air quality, because that is one clear example where it has pressed this country hard on our very poor performance. Governments have started to do something about it only because of the fines we face. There are other examples as well.

The fear expressed so well by noble Lords—I too pay tribute to the Faculty of Public Health for its briefings on this—is that without EU law, and in the context of already significant reductions in public health budgets, we will see a gradual erosion over time of our important public health legislation. The noble Baroness, Lady Finlay, and others mentioned food safety as an example. The Minister will no doubt tell us that he cannot say anything substantive because of the process of negotiations; he has said that a few times before. However, one of the fears clearly is that in the Government’s haste to negotiate a deal with the US—they are desperate to do so, for obvious reasons—when it comes to it, things like some of the food standards we have at the moment will go by the board. We know that that will happen because they have to produce a US trade deal; they have no option but to do it. They are so weak compared to the US in terms of the negotiation that it is quite likely that some of those standards will have to be thrown away.

That is why this amendment has been brought forward tonight. Ministers have helpfully discussed this amendment in meetings with some stakeholders. I know Ministers may say that the Secretary of State already has the powers set out in the amendment. However, as the noble Lord, Lord Warner, said, the amendment would place a duty on the whole of the Government to do no harm. That is a very important distinction. Importantly, it would also place a duty on other public authorities, including the devolved nations, so I believe that it goes further than current legislation. It is relevant to the European Union (Withdrawal) Bill, not just to a theoretical health and social care Bill which may be introduced at some point.

Other noble Lords have talked about the Lisbon treaty and the impact upon it. The amendment essentially seeks to ensure that there is a legal precedent and interpretive guidance on which to draw when determining the meaning of the proposed new clause, but, as I understand it, it does not seek to preserve EU law and regulation. Therefore, it would be for the British courts, on the basis of our doctrines of parliamentary sovereignty, to decide the future interpretation of the law.

This has been a very important debate. The Minister has to recognise that there is real concern that the Government’s desire to negotiate agreements with other countries will lead to them having to agree to reduce some of our essential public health standards. This amendment seeks to provide a guarantee and assurance that this will not happen. We should very much welcome it.