Border Security, Asylum and Immigration Bill

Debate between Lord Hanson of Flint and Lord Bishop of Chelmsford

Report stage
Tuesday 11th November 2025 Lords Chamber

[The Lord Bishop of Chelmsford]

I am very grateful to the Minister for giving way. On the question of children, the Minister has just said the policy does not apply to children under 10. What is the logic for applying it to children over 10? I do not understand the distinction, and it would be helpful to.

[Lord Hanson of Flint (Lab)]

That is a valid question. I can say to the right reverend Prelate that it will normally—I say “normally”—be appropriate to disregard immigration breaches if it is accepted this was outside the applicant’s control. Given that illegal entry is normally considered outside a child’s control, most children would not be held accountable for their immigration breach. Certainly, as I have said before, no child under the age of 10 at the date of their application would be dealt with in that way. I hope that gives her some reassurance.

I consider that individuals seeking to become British citizens should demonstrate an equal regard to immigration legislation as we expect them to show to other aspects of the law, including the criminal justice system. We do not consider there should be an expectation that a person will benefit in the future from the policy in place when they arrived. This is consistent with the position taken in previous changes to the good character policy, such as the change in 2023 to align the criminality thresholds with the Immigration Rules.

I say again that I am grateful to the right reverend Prelate for bringing her personal experience to the Chamber on Report today, but the Home Secretary makes the policy—they are accountable to the House—decision-makers have discretion, particularly for children aged 10 to 18, and no child under the age of 10 would be impacted.

I hope that gives her the reassurance that the good character test, which the noble Lord, Lord Harper, mentioned, is valid and accountable to the House, but that changing it today would lead to confusion and, potentially, particularly at the borderline areas of the older child, a contention that would cause difficulties for our purpose in life, which is, in the Bill, to try to stop small boats and illegal migrant crossings, and to not provide an incentive for them. I would hope that, on that basis, she could, with all humility, withdraw her amendment.

[The Lord Bishop of Chelmsford]

I am grateful to all noble Lords for their contributions and for engaging in the debate. Forgive me, I am not going to name individuals, but all the contributions—both those for the amendment and those against it—have been very heartfelt and some of them deeply moving, enabling us to reflect even more widely than the issues specifically pertinent to the amendment.

I have listened with care to the Minister and I want to thank him for his thorough response. However, regrettably, I have not received the assurances that I was hoping for, that the character guidance will adequately prevent a scenario where an immigration caseworker is not having to choose whether to break international law or not, or that, without further changes to the guidance, a child’s right to naturalisation will be safeguarded.

It is not right, I believe, that discretion remains to hold a child responsible for their travel to the UK when they had no control over it, even if that is only a small possibility. As I think I have already clearly expressed, dividing access to citizenship in this way for those who have a legal right to remain in the country will have grievous societal and, I believe, cultural consequences, however unintended. Therefore, I would like, with respect, to test the opinion of the House.

Undocumented Migrants

Debate between Lord Hanson of Flint and Lord Bishop of Chelmsford

Tuesday 16th September 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

That was another good effort from the noble Lord to try to get me to say “yes” to an answer to which he knows I am going to say “no”. Amendments can be made to the ECHR, and the Government intend to make those amendments to ensure that we will make changes, particularly in relation to Article 8, and provide better interpretation for judges. On the French scheme, removals are imminent. It is a scheme his Government did not negotiate, and one that, hopefully, this Government and our French colleagues are going to make work to ensure that we have a proper deterrent and return people—unlike the wasteful Rwanda scheme, which achieved absolutely nothing and which the noble Lord supported.

[The Lord Bishop of Chelmsford]

My Lords, Home Office analysis of the factors that influence where people claim asylum highlights that the presence of family exerts a particularly strong effect on decisions on the ultimate country of destination. Given this finding, what assessment have the Government made of how the pause in family reunion applications might impact the level of channel crossings?

[Lord Hanson of Flint (Lab)]

I am grateful to the right reverend Prelate for that question. I will certainly drop her a note after Question Time to give her detail on how we are examining the family reunion policy and the impact on children. I am afraid that in a 25-second answer I cannot sum up the detail that I would like to, but I will certainly write to her on that point.

County Lines Drug Trafficking

Debate between Lord Hanson of Flint and Lord Bishop of Chelmsford

Monday 24th February 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I will help the noble Lord, I hope, by saying that the Government announced £1.1 billion more this financial year than the police budget was in the last financial year, and this financial year is under a Labour Government while the last financial year was under a Conservative one. When I was the Police Minister in 2009-10, we had the highest number of police officers ever. We faced 20,000 police officers being cut between 2010 and 2015-16, and only latterly have they been built up again. I hope the noble Lord will work with us to ensure that the £1.1 billion of extra spending is put to good use. He can certainly monitor the delivery of the 13,000 officers, which will be a real improvement on the ground to help tackle county lines and other neighbourhood policing issues. That is a 6.6% cash increase and a 4.1% real-terms increase in funding, and I hope this House welcomes it.

[The Lord Bishop of Chelmsford]

My Lords, the Border Security, Asylum and Immigration Bill introduces new offences, which appear to have no connection to immigration, of possessing any specified article that might be used in connection with any serious offence. What safeguards does the Minister think need to be in that Bill to prevent the needless criminalisation of children? Does he agree that a legal definition of child criminal exploitation might help in that?

[Lord Hanson of Flint (Lab)]

I am grateful to the right reverend Prelate. The legal definition of child criminal exploitation will be in the police and crime Bill, which will be published very shortly, almost certainly tomorrow. On immigration and criminal penalties, this is down to penalties around the supply of boats, engines and materials to ensure that the use of that material in small boats is criminalised, which currently it is not. That helps downstream and we have done some work with Germany, France, Belgium and Holland to look at how we can prevent that equipment reaching channel shores in France, Belgium and Holland, where it is used to transport people illegally to the United Kingdom across the channel.