Nationality and Borders Bill

Baroness Neville-Rolfe Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I welcome this legislation. Although many changes have been made in recent years, including by a Conservative Government, the asylum system and some related policies are not fit for purpose. Criticism comes from both sides. There are those who think that one of the main thrusts of this legislation—greater national control of the asylum process and the elimination of abuses— is misplaced. The process of claiming asylum should in their view be easier. Accordingly, they identify with those who appear to them to have been short-changed by the present system and argue for a less rigorous process. We have heard many such contributions today.

I am not of that persuasion. The greater need, in my view, is to deal with the very evident abuses that have emerged, enraging many of our fellow citizens as our hospitality is shamelessly abused, with the deleterious effect on social cohesion. Nevertheless, despite the overwhelming evidence in support of what I will call my macro view, we need to embrace this opportunity to address this whole area of policy, including areas where the conditions of those arriving here can be improved without adverse consequences.

I therefore look forward to helping with the scrutiny of this Bill. I share the Home Secretary’s wish—I quote from Third Reading—to

“bring in a new, comprehensive, fair but firm long-term plan that seeks to address the challenge of illegal migration head on.”—[Official Reort, Commons, 8/12/21; col. 445.]

However, I worry about the comment from the Opposition spokesman, Yvette Cooper. With her background on the Home Affairs Committee, she considers that the measures would severely limit our ability to convict perpetrators and dismantle organised crime groups. This is worrying, and I shall listen carefully to contributions on this topic.

I seek my noble friend the Minister’s thoughts on three issues. First, the overall numbers, as the noble Lord, Lord Green of Deddington, and my noble friend Lord Leicester have explained, are very worrying. Asylum claimants and delays in processing them are going up all the time, and the returns of rejected claimants to their point of departure are not. In particular, the numbers taking the dangerous channel crossing are going up by leaps and bounds to a total of over 28,000 in 2021, three times the 2020 figure. Somehow, the Home Office seems incapable of getting a grip and is being outflanked by the people smugglers. If this abuse can be resolved in no other way, I am coming to the view that the only way to resolve the problem is to adopt a new rule that all prospective asylum seekers who arrive in this way cannot be granted asylum. We have to find a way in which to change the cruel incentive structure, and not be too worried about the short-term criticism relating to individual cases. At a stroke, we need to find a way in which to put the traffickers out of business, as we saw in Australia.

Secondly, I turn to the wider question of deporting criminals, referred to by the noble Lord, Lord Paddick. Why can convicted criminals fight successfully to get off the planes organised to transport them? The total numbers actually removed, usually of dangerous criminals, are now tiny and much smaller than planned by the Home Office. Can the Minister explain this unsatisfactory state of affairs? Is it about the right to family life? In that case, does this provision need to be amended? What assumptions underpin Part 3 of the Bill, and why does my noble friend think it will work?

Thirdly, how will the new rules prevent abuse once the powers in the Bill are available? I am particularly concerned by migrants passing themselves off as under 18. I have seen media reports that more than 1,100 migrants who claimed to be under 18 were found actually to be adults in the 12 months to September. This is not only reprehensible, it puts a huge and needless strain on our hard-pressed care and education services for children under 18. Worse, it disrupts the education of British children, as these migrants end up in our classrooms. There have previously been reports of children with full beards and hairy chests, even swigging beer. Doubts have been expressed about whether the proposed age assessment board will solve the problem.

Those are three questions, and they raise another one in my mind. Has enough independent thinking been given to the Bill—beyond remedies that the Home Office has been serving up for decades?

I have a final question which goes beyond the purview of the Bill, and I am happy to have a reply in writing. It is reported that the Secretary of State for International Trade is considering offering student or other visas to India in exchange for a free trade agreement. Who has been advising the Secretary of State? Our Immigration Rules are a national matter and should not be the subject of negotiation with any foreign country. Immigration entitlement has no place in any agreement on trade. I hope the Minister will be able to assure us that those reports are inaccurate. Otherwise, the Government will have a hard time with some of their strongest supporters. The Minister will wish to bear in mind that on most issues she can rely on my support.