Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021

Baroness Ritchie of Downpatrick Excerpts

Tuesday 2nd March 2021 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for introducing these regulations. It is a pleasure to follow the noble Baroness, Lady Gardner of Parkes.

I understand that this instrument would align the legislative regimes in place across juxtaposed control sites by extending the powers that immigration officers have to use reasonable force, where necessary, at sites such as Eurostar terminals and operations at Calais and Dunkirk.

Like the noble Baroness, Lady Jones of Moulsecoomb, I have certain concerns about this piece of legislation. As a consequence of it, we are all too aware of the tragic scenes of migrants in Calais living in horrendous conditions, fleeing war-torn countries, facing a life of uncertainty and wanting to come to the UK. In dealing with these people, a humanitarian and compassionate attitude is required while working within the legislative requirements. Many of these people have had to make the choice to leave their war-torn country, having been separated from their family and neighbours. Their villages in Syria, Iran and Yemen have been destroyed.

In that context, I have several questions for the Minister. The House of Lords Secondary Legislation Scrutiny Committee noted that this was an instrument of interest and, in its report, indicated issues around reasonable force. Due to the fact that thousands of attempts have been made by individuals seeking to enter the UK illegally via the northern French seaports every year, and with many of those individuals not necessarily complying with immigration processes once intercepted due to the terrible conditions that they are fleeing from, it is considered necessary to grant Border Force officers at seaports the power to use reasonable force.

Can the Minister explain what is meant by “reasonable force” to take fingerprints? Will these people be restrained in some way? Will some form of physical force be used? Will they be placed in detention? Are these fingerprints taken for the purposes of deportation from the UK? What steps will the Government and Border Force officers take to ensure that no forms of xenophobia are displayed towards migrants? Will such elements of reasonable force be human rights-compliant? Have the various human rights organisations commented on this instrument and assessed its compliance with human rights legislation and international requirements in terms of respect for human beings?

I note that no impact assessment was required, a fact that was raised in the other place. Why was that the case? The order will have an impact on Border Force officials and on the individuals who could be subjected to reasonable force—of which I would like a definition. If that is the case, surely an impact assessment is required if there is going to be a significant impact, as this will be a much-enhanced operation when considered alongside the original work.

The Explanatory Note states:

“The Home Office has consulted with operational partners, as the persons most likely to be affected by the matters in this instrument, and are continuing to work with them to implement this instrument.”


Who are these operational partners and what is the nature and extent of their work?

When is the Home Secretary bringing forward the sovereign borders Bill to reform asylum, including curbing litigious human rights claimants who seek to delay their deportation from Britain after their cases are reviewed? I understand that such legislation, which is very worrying, will make provision for judges to place more weight on asylum seekers’ criminal records when considering their appeals against deportation. Is this instrument stage one in the process as the Government move towards the sovereign borders Bill and its implementation?

I am sad to say that I do not see much of an element of social justice in this piece of legislation. With the Covid-19 pandemic still raging, what are the requirements for quarantine arrangements for the migrants, who have already been subjected to so much terror and trauma in their lives? I look forward to the Minister providing answers to these questions.