Nationality and Borders Bill

Baroness Shackleton of Belgravia Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I veer between Amendments 64 and—unhelpfully—64A on age verification but what is important is that we have a trustworthy system. That is crucial; otherwise, we are in danger of fuelling cynicism and doubt about the whole system of refugee status.

We heard during Questions about the overwhelming generosity of UK citizens welcoming people from Ukraine. The broad public enthusiasm has been well noted, but I am afraid that the Home Office’s seeming ability to act speedily and with urgency is rather doubted. People are frustrated when they hear about things such as visa offices in Warsaw shutting up shop at 5 pm and closing over the weekend as though this is a kind of normal situation. There is a broad concern that, potentially, behind the scenes we do not trust the processes or the bureaucracy, and I think that includes age checks just as much as it includes allowing people to come to the UK, such as in the Ukraine situation.

One of the things that worries me is the sources of cynicism about the whole refugee process. The public feel that there is no control, and that if people declare themselves to be refugees when they arrive by boat, or declare that they are children, this will be accepted at face value and in good faith. The public do not want to feel that they are being taken for a mug. Age assessment is valid. Of course, doing so cruelly or insensitively is not welcome and would be terrible. If it is not the case that dentistry is the right scientific method, fine, but the principle surely is that we check the age of those who say that they are children. That is an important principle. Use whatever scientific method you want and be as kind as you want, but do not just say to the British public that anybody who challenges this is being cruel to children, because that is unfair. The unintended consequence of creating an impression that the process is not fair is a backlash whereby people start saying that they do not trust any of it. We know that the age issue is of some concern.

This is not a blame game, by the way. I realise that if I was a 21-year-old Syrian lad trying to get into the UK, I would say that I was 16. I do not blame anyone for that, and I understand it. Why wouldn’t you? I say good luck to them, in some ways, for trying. It is just that we as legislators are meant to be coming up with a system that the British public feel they can trust and that controls the borders. The inference that anyone who wants to tighten up the system does not care about children or does not care about people suffering in war zones is unfair and a misrepresentation.

[Baroness Shackleton of Belgravia (Con)]

My Lords, I rise to speak in favour of Amendment 64A, tabled by the noble Baroness, Lady Neuberger, in relation to the testing of children who may or may not be of the correct age. I think that everybody is united in believing that illegitimate people holding themselves up as children is wrong. However, how that gets assessed needs careful consideration. Can the Government think again as to whether the correct people for doing this investigation and the methods that they use, so movingly put, should be deployed by the Home Office, when local authorities have the equipment and the expertise to do this in a sensitive way which protects both parties? It is not okay for a minor to undergo treatment that adds to trauma, any more than it is right for an adult child to abuse a minor.

We ought to find a system that is fair and age-appropriate, and which gives people the benefit of the doubt until it is proved. Without the proper expertise, more harm can be done than problems solved.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise to support Amendment 64A. Any way that we can make our systems fairer is something we must aim for. The Home Secretary said yesterday in the other place that we have a “unique scheme” for accepting refugees. Yes, it is a unique scheme. It is uniquely complicated. It is mean spirited. It is slow compared with those of every other country in Europe. It is not something to brag about. Quite honestly, sometimes I hear things said in the other place and in this Chamber, and I am ashamed to be British.

--- Later in debate ---

[Lord Kerr of Kinlochard (CB)]

My Lords, I supported the noble Lord, Lord Oates, last time, as did the House, as he said, by an enormous majority. I did this because I was impressed by the postbag I got from people who argued that they would feel more confident, and that it would be easier to rent accommodation, open a bank account and so on, if they had some physical proof. I am sure that is the case.

The Minister then argued against me that there was a cost involved in doing as I asked and providing physical proof. I confess that she was probably right. There is no cost involved now if one follows the example of the QR code on the NHS vaccination app. That works brilliantly well, as she acknowledged in Committee, and I see no reason why it should not be applied here. There is no reason why one should not be able to download a document off the Home Office website, and present it—with the QR code on it—as the necessary authentication, thus avoiding the need for any biometric card. It seems to me that it is now genuinely cost-free.

Since it would provide considerable reassurance to a large number of people, I hope that this time the Minister will feel able to accept the amendment in the name of noble Lord, Lord Oates.

[Baroness Shackleton of Belgravia (Con)]

My Lords, I speak not only on my own behalf but on behalf of my noble friend Lady Altmann, who has had to leave the Chamber due to the illness of one of her children.

I sat on the Select Committee which investigated settled status. We interviewed, at length, as I have said before, the ambassadors for the other European countries. Each and every one of them identified as the most egregious problem the lack of giving their nationals with settled status physical proof. What was more abhorrent is that every English person living in their states was offered such physical proof.

As I am known to be speaking out on this, my inbox has been inundated with examples of people being stuck at airports, at hospitals and when renting. It is iniquitous, because the Government have failed to give any comprehensive, sensible, rational reason why they will not simply change their mind and look at this from the perspective of the people being disadvantaged by it. If I could be persuaded that it was just about money, I am sure that given the choice of having to buy physical proof for a small fee, most applicants would be more than happy to pay to give them peace of mind.

It is simply not good enough to rely on machinery. Machinery lets us down. Why do we have a centre outside the Chamber for when our voting system does not work? Why do we have back-up systems? What happens when the power goes down? What happens when people interfere with systems, which is probably going to happen in any war? What happens if you are dispossessed?

The Government should reflect seriously on how we welcome the many people who live in this country and who give their lives for this country. They are considered to be citizens equal to the people born here but they are disadvantaged by not having the simple provision of a piece of paper—a card, a passport, a driving licence or any other of the pieces of paper we carry around—with no viable explanation as to why it is refused. Please, can they change their mind?

[The Earl of Clancarty (CB)]

My Lords, I have added my name to Amendment 79. I did not speak on this in Committee, but I did raise this concern in a question on 1 July last year. The Minister told me then that the Home Office had recently met with the3million—that was on 21 June—to discuss this in relation to European citizens. As the noble Lord, Lord Oates, has said, that was over eight months ago, so there has been a lot of dragging of feet.

The recent letter from the Home Office to the3million, with its rejection of the use of a QR code, is hugely disappointing. Perhaps even more disappointing is the fact that the response does not start from the premise that physical proof is a necessity—indeed, quite the opposite. It perversely insists on disputing what is a clear necessity for a significant number of citizens, as the3million would have explained carefully to the Home Office in that aforementioned meeting. In Committee too, the noble Lord, Lord Oates, gave many examples of where physical proof is necessary. We have just heard how noble Peers have had their inboxes inundated.

Whatever happens to this amendment, it is important that the dialogue between the Home Office and the3million continues. I know it has written to the Home Office today addressing every single one of the objections that the Home Office has raised concerning the proposal for the use of a QR code. If it would be helpful, is the Minister willing to meet a number of interested Peers, alongside a representative of the3million, to discuss a way forward?

A purely digital approach is not a panacea in this regard, even if the Government wish to believe it is. There needs to be the option of physical proof of status. I will certainly vote for Amendment 79 if it is taken to a Division.