Asylum Seekers: Removal to Rwanda

Debate between Baroness Stowell of Beeston and Baroness Williams of Trafford

Tuesday 14th June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I have given my view on morality and I expect that God will be the judge of my morality or otherwise. As to whether my right honourable friend the Home Secretary has written to the most reverend Primate or the Cardinal, I do not know; that is a matter for her.

[Baroness Stowell of Beeston (Con)]

My Lords, clearly, this is a matter on which people have strongly held views. Does my noble friend agree that the millions of people in this country who voted for stronger control of our borders are compassionate citizens? Would she further agree that a failure by the Government to do all that they can to prevent and deter illegal channel crossings would undermine our democratic process?

[Baroness Williams of Trafford (Con)]

My noble friend is of course absolutely right. We have to strike that balance between being compassionate to those who need our refuge and asylum in this country and stopping some of the criminality associated with it. That is what the very generous British public voted for.

Nationality and Borders Bill

Debate between Baroness Stowell of Beeston and Baroness Williams of Trafford

Lords Hansard - Part 1 & Report stage
Wednesday 2nd March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I do not deny that 3 pm is too late, but that was my understanding. I will chase it, if indeed it did not go. I am glad I did not assert that comment, because I have been proved—

[Baroness Stowell of Beeston (Con)]

My Lords, it may assist my noble friend to know that I have received the letter.

[Baroness Williams of Trafford (Con)]

I am so pleased that my noble friend has been able to confirm that to me. I was just trying to be helpful.

In terms of these amendments, I will remind noble Lords from the outset that changes within Clause 28 via the schedule do not enable overseas asylum processing. The final arrangements will depend on our negotiations with like-minded partners. The arrangements will of course be compatible with our domestic and international obligations—this goes to the point made by the noble Baroness, Lady Jones of Moulsecoomb. On the face of the Bill, we set out the requirements a state must meet for us to remove a person with a pending asylum claim there.

I turn now to the amendments. Changes within Clause 28 via Schedule 3, which the noble Lords, Lord Paddick and Lord Rosser, and my noble friend Lord Kirkhope propose, relate to two policies. The first is to improve our ability to remove individuals with no right to remain in the UK to safe third countries. The second supports our future objective of enabling asylum processing overseas by making it possible to remove someone overseas while their asylum claim is pending and without having to issue a certificate under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 in every case. I will now consider each policy in turn.

At the moment, it is too easy for removals of individuals with no right to remain in the UK to be delayed as a result of speculative, and in some cases unfounded, Article 3 human rights claims. The changes we propose will ensure we continue to adhere to our obligations under the ECHR, while preventing unnecessary delays to removal. The introduction of a rebuttable presumption that an individual’s rights under Article 3 will not be breached in certain specific safe countries, upon their removal there, is intended to prevent speculative, unfounded human rights claims from delaying removals—although individuals will be able to present evidence to overturn this presumption to prevent removal. It will also make changes to simplify the current legislative drafting in relation to asylum claim appeals, although the effect remains the same: an individual has no right of appeal against the decision that removal to the specified countries would not breach the UK’s obligations under the refugee convention. I cannot support Amendments 36 and 39 which, perhaps unintentionally, block these important improvements to our ability to swiftly remove individuals who have no basis to remain in the UK.

As I made clear in Committee, we are currently undertaking discussions with like-minded partners which seek to establish overseas asylum processing. This policy is novel and has garnered significant attention as a result. The fact that discussions are ongoing means that I cannot give any particulars on how the process would work or how the costings would pan out. Many of these matters are for the negotiating table. I will reiterate that this policy will only ever be operationalised in accordance with our international obligations. We are committed to ensuring that overseas asylum processing is both humane and safe, taking into account circumstances which may mean that overseas processing is not appropriate for particular individuals.

For far too long, we have allowed people smugglers to decide where and how people cross borders and claim asylum. These uncontrolled and unsafe routes have led to terrible tragedies off our shores—as we have all seen. The key aim of the Government is to destroy the business model of the people smugglers. One facet of achieving this is to reduce demand for smugglers’ services by making it easier to remove individuals who undertake dangerous journeys or otherwise abuse the asylum system. We believe that access to protection in the UK should be based on need and focus primarily on people who remain in regions of conflict.

My noble friend Lady Stroud and the noble Lord, Lord Rosser, talked about Australia to this end, and I will illustrate the point. The Australian high commissioner gave evidence on 23 September 2021 in which he clearly explained that, within 9 months of Operation Sovereign Borders, flow had

“ceased completely. Since then, there has not been a single irregular maritime arrival on Australia’s shores, as far as we can tell.”

The high commissioner stated that the most important thing was to

“drive the people smugglers out of business by depriving them of a product to sell and destroying their cash flow.”—[Official Report, Commons, Nationality and Borders Bill Committee, 23/9/21; cols. 76-78.]

That is a very clear message, and it is precisely what the new plan for immigration is designed to do.

The agreements that we are pursuing will have these principles at their core. They will be based on a shared commitment to finding fair and sustainable solutions to address global migration challenges, and to protect the most vulnerable. We are working to establish an effective, functioning system which provides protection to those in need while simultaneously preventing abuse.

Noble Lords will want to know who will be removed overseas for asylum processing and who will be exempted from this. Some noble Lords have already referred to the fact that, in the other place, my right honourable friend Minister Pursglove made clear that unaccompanied asylum-seeking children would not have their claims processed overseas. This demonstrates our commitment to safeguarding and promoting the welfare of children, as expressed in Section 55 of the Borders, Citizenship and Immigration Act 2009. This is one example of how this policy will only be operationalised in accordance with our domestic and international obligations—and, of course, there are other examples.

After a fuller consideration of issues pertaining to vulnerability, we have determined that we should not be drawn further into listing particular exemptions to removal, partly because exemptions depend on the particular circumstances of the countries with which we are working. More importantly, however, being definitive about exemptions from the policy at this stage is likely to hamper its potential to be effective and would incentivise people smugglers to target the most vulnerable in the hopes of keeping their operations viable. It is essential that we do not curtail our efforts to undercut the business model of people smuggling and discourage other dangerous or unwanted behaviours by eroding the policy before it has even begun.

Strategy for Tackling Violence against Women and Girls

Debate between Baroness Stowell of Beeston and Baroness Williams of Trafford

Thursday 22nd July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, I am grateful to the noble Baroness for raising this, and she is absolutely right in what she said. I know this will not be to her full satisfaction, but we are, through the Online Harms Bill, going to be addressing some of the issues that cause concern, such as user-generated pornography. I know that is not what she is referring to, but we are going some way towards addressing it.

[Baroness Stowell of Beeston (Con)]

My Lords, clearly we are all united in our condemnation of violence and aggression against women and girls, and we are also united in our view that perpetrators be pursued and prosecuted with vigour and the full force of the law. I share the view of the noble Baroness, Lady Benjamin, that in the context of online pornography I hope to see more moves addressing the availability and access to that among children, which is incredibly concerning to all of us in the way in which it might influence the attitudes of young men and boys to women. In the context of such an important strategy, I want to raise very carefully a concern that is worth us being mindful of, and that is how we can avoid a mindset developing where all women are victims and all men are villains. Are the Government conscious of this, and if so, how are they reflecting that in this strategy and in the way that they intend to roll it out?