Ukrainian Asylum Seekers and Refugees

Lord Alton of Liverpool Excerpts

Tuesday 7th June 2022 Lords Chamber

[Lord Harrington of Watford (Con)]

I can assure the noble Baroness that there is no reason at all why they should come here without a visa. It takes 48 hours to get a visa and there are very good legal routes for them to come here.

[Lord Alton of Liverpool (CB)]

My Lords, does the Minister recall that I drew to his attention the procedure I saw in Vilnius for arriving Ukrainian refugees? Every single arrival was asked individually about what they may have witnessed or seen on the ground in places such as Bucha, Mariupol or some of the other places subjected to war crimes and atrocities. Has the noble Lord been able to put similar procedures in place in the United Kingdom? Does he not accept the importance of collecting evidence while it is fresh in people’s minds, especially as there are now court cases taking place in Ukraine and the International Criminal Court is also considering proceedings?

[Lord Harrington of Watford (Con)]

The noble Lord makes an excellent point and, I must say, one that I had not considered within my remit. I think it is something the Government should be doing, however, and I assure him that I will make inquiries about it. Perhaps I could write to the noble Lord in the next few days.

Homes for Ukraine: Visa Application Centres

Lord Alton of Liverpool Excerpts

Thursday 28th April 2022 Lords Chamber

[Lord Harrington of Watford (Con)]

I can confirm to the noble Lord, Lord Dubs, that I have looked at every single individual case and hope that the cases to which he referred will be cleared up very quickly—in the next one or two days.

[Lord Alton of Liverpool (CB)]

My Lords, from my own visit to Vilnius and the centre where 1,000 people are arriving every single day, I can confirm what the Minister has said about the desire of many to stay within the region in the hope that they will be able to return as quickly as possible to Ukraine. I raised with the Minister the specific example of a small British charity working in the Ukrainian-speaking area in Romania which does not qualify for the Disasters Emergency Committee funding because it is a small charity and not part of DEC. Surely, we should be doing more to assist charities like the one I have raised with the Minister to enable people to stay for as long as possible where they are, if that is their desire, and recognise that their visas may well indeed just be an insurance policy in case things do not work out.

[Lord Harrington of Watford (Con)]

I agree entirely with the noble Lord. I have pressed the FCDO, which is responsible for our on-ground response there, to make sure that this work is done. I am also commissioning a particular piece of work to help unaccompanied children, because I feel it is very important.

Nationality and Borders Bill

Lord Alton of Liverpool Excerpts

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Dubs. I entirely agree with what he has just said, and I associate myself with the other amendments in this group in speaking to Motion K1. I also refer to relevant all-party parliamentary groups of which I am an officer, and my role as a patron of the Coalition for Genocide Response.

The Minister set out the terms of Motion K1 at the beginning of our debate and explained what it does. At Second Reading, she challenged us—quite rightly—to come up with safe and legal routes, and that is what this genocide amendment seeks to do. I should say in parentheses that I am grateful to the noble Baroness, not least for the support and consideration that she gave to the amendment that I moved earlier in proceedings on this Bill, on the position of young people in Hong Kong who did not qualify under the BNO scheme but who now, under the regulations which the Government will introduce, will do. Like the right reverend Prelate the Bishop of Durham, I also applaud what the Government have done in the case of refugees from Ukraine. Like the noble Baroness, Lady Stroud, however, I ask the question: should we not make the same provision, as far as the right to work is concerned, for all those who seek asylum in this country?

Of course, I am disappointed that the all-party amendment on genocide, which had its origins in the Yazidi genocide that began in 2014, has not been accepted by the Government. I place on record my thanks to those Conservative Members of Parliament, including former Ministers, the Opposition Front Benches and other Members of the House of Commons, for their strong and welcome support. I must admit to sharing some of the frustration that has been expressed during this debate—even bewilderment—as we heard from the noble and learned Lord, Lord Brown of Eaton-under-Heywood, and the noble Lords, Lord Cormack and Lord Horam.

I spent pretty well two decades as a Member of the other place, and I read with perplexity the debate on 22 March when the guillotine was imposed after just three hours. That was three hours of debate on amendments that had been considered one by one in your Lordships’ House in great detail and with great scrutiny: Amendments 1, 4 to 9, 52, 53, 10 to 20, 54, 2, 3, 43 to 51, and 21. All these amendments were taken together in an inevitably disjointed debate in which Members ranged across multiple issues. By way of example, in the case of the genocide amendment, it was linked with Amendment 11, on the issue of numbers coming into this country, so it was impossible even to vote with any differentiation between those amendments.

As the Minister told us earlier, the Minister in the Commons, Tom Pursglove, opposed the genocide amendment, because, he said, “many thousands” would apply for asylum. Confusingly, however, he admitted that the amendment as it left your Lordships’ House contained a cap on the numbers. Then he said that that it would put the lives of our officials in our embassies at risk. These are victims of genocide whom we are talking about. They do not pose a risk: they are hunted down by the perpetrators. It is the victims, not British officials, who are at risk. Mr Pursglove went on to argue that bespoke schemes were a better approach, but there has never been a bespoke scheme for the Yazidis or other victims of the ISIS genocide. This demonstrates that this, too, is a straw man argument.

I received an email just two days ago from one of those who works for Yazidi interests, and she told me that she believes that there is bias in the implementation of other programmes because of the exclusion of people from minorities in the leadership and oversight of these programmes. It is an issue I have previously raised, as the Minister knows, with the Home Office. My correspondent copied in the Bishop of Truro, whose excellent report is being reviewed by the Foreign Office this year. This lady said:

“We failed Yezidis who have been left to rot in tents; only 8 are recorded as resettled from Iraq and 44 from Syria, although without knowing who they are we cannot say they are truly Yezidi. I doubt the Home Office would know the difference.”


Quoting Home Office guidance about ethnic and religious minorities, she says:

“Recognising their vulnerability and ACTUALLY including them in these schemes are obviously two different things.”


For years, the Government have emphasised that Yazidis have been facing horrific atrocities, especially when Ministers have met Nadia Murad and other victims. But opening doors in “a bespoke scheme” to welcome at least some from their community simply did not happen. Let us contrast that with Canada and Germany, among others, which have provided protection.

One of those who spoke in favour of the amendment in the House of Commons was the former Conservative Minister, Tim Loughton. He and I are two of the seven parliamentarians who have been sanctioned by the Chinese Communist Party for raising what the Foreign Secretary has described as the genocide of the Uighurs. During a very helpful and encouraging meeting which sanctioned parliamentarians recently had with the Prime Minister and Elizabeth Truss, the Foreign Secretary, we were told that the Government would look again at this country’s response to genocide. I put this on record and greatly welcome what they have said. It is significant progress. Accepting today’s amendment, which would place on the Home Secretary a duty within one year to publish a report on the Government’s approach to the treatment of genocides—at least as it pertains to those seeking asylum—would be a good start. Failing that, I hope that the Minister will at least commit the Home Office to taking part, which has been promised by the Foreign Secretary and the Prime Minister, in looking again at the duties that are laid out in the 1948 convention on the crime of genocide. That requires us to prevent and protect, and to punish those responsible. Given what has been said to me, I am willing to take back this amendment this evening and not take it to a Division. Needless to say, of course, I will keep pressing the Minister until progress is made on what I regard as an incredibly important issue.

[Baroness Meacher (CB)]

My Lords, I hesitate to rise after that excellent contribution from my noble friend Lord Alton, but I just want to express very strong support, obviously, for Motions C1 and D1 and, indeed, all the amendments in this group. I want to follow the noble Baroness, Lady Stroud, and support her Amendment E1 on the right of asylum seekers to work. She made a very powerful speech, and I certainly will not repeat any of the words that she said. We can do without repetition—everybody wants to get to the votes—so I will take one minute maximum.

The main argument of the Government against this amendment is that it would be a pull factor, attracting asylum seekers to come here. It is worth mentioning at this point that there have been fully 29 academic papers assessing whether a more generous right to work has anything to do with a pull factor for asylum seekers. All those 29 academic papers showed that there was no correlation whatever between the right-to-work aspect and asylum seekers’ attraction to this country. It is also worth saying that even if this amendment passes, we would still be the toughest of all European nations—there would be seven nations then—with a six-month ban on asylum seekers seeking work. All the rest of the European countries are more generous: they have shorter bans. That is incredibly powerful.

It costs money to do this. Is it really sensible to spend an unnecessary £300 million stopping people working; albeit we only pay these people—what is it—£5.75 or something a week, plus a bit for utility bills? We could save £300 million: is that not worth doing, just to be no more ungenerous than any other country in Europe? I suggest that we should support the amendment from the noble Baroness, Lady Stroud.

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[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak to Motion N1. I thank the noble Baroness, Lady Hamwee, for tabling Amendments 22B to 22F. I simply seek some assurances from the Minister on behalf of the British Dental Association, the Royal College of Nursing and the Refugee and Migrant Children’s Consortium.

First, when the noble Baroness, Lady Neuberger, sought the opinion of the House on Report, she noted that

“we need to know more about the ethical response”.—[Official Report, 8/3/22; col. 1285.]

I and others raised concerns voiced by the BMA, the BDA and others that to use dental X-rays in particular where there is no clinical justification is unethical. Yet neither in Committee nor on Report did the Minister really address this concern. Can he please do so now and provide some reassurance to these bodies and to us?

Secondly, following on from what the Minister said, can he provide an assurance that the statutory guidance will continue to make it clear that there must be reason to doubt an age claim before any age assessment is made?

Thirdly, will the Government seek and publish the agreement of the relevant medical bodies before any scientific method is approved for use? I was partially reassured by the meeting the noble Baroness referred to with the interim chair of the Age Estimation Science Advisory Committee, but it is still important that formal agreement is sought from the relevant medical bodies. Can he confirm that the Minister accepts the interim committee’s recommendation that scientific advice should be used to decide whether a claimed age is possible rather than specify what that age is? Will the same principle apply to the holistic decision made in any age assessment?

With reference to the committee—this echoes what the noble Baroness said—in the Commons the Minister agreed to take away the call for it to include a practising dentist. Is the Minister in a position to give a commitment on that point today?

Finally, can the Minister provide some reassurance with regard to the insistence on the use of Home Office social workers? That has caused considerable concern among members of the consortium given their record hitherto, which has been found wanting by the courts. The lack of independence is even more worrying given Wendy Williams’s update on the Windrush Lessons Learned Review, which suggests that progress in reforming Home Office culture has some way to go. Her report says:

“I have seen limited evidence that a compassionate approach is being embedded consistently across the department”—


that is, the Home Office. Is it surprising that there is considerable suspicion of the lack of independence in what is proposed?

[Lord Alton of Liverpool (CB)]

My Lord, as a trustee of the Arise Foundation, a charity that works with people who are victims of human trafficking or modern-day slavery, I have certainly seen at first hand some of the examples that the noble Lord, Lord McColl, outlined to the House tonight. Indeed, in Committee and on Report I was privileged to be a signatory to the amendments that he laid before your Lordships’ House. This evening I will briefly support Amendment 26B, because I believe that he is right that guidance alone is not enough and that something has to be placed on a statutory basis.

I also agree with what the noble Baroness, Lady Hamwee, said in her remarks about Part 5. It has no place in this Bill at all. It should not be in this Bill—it should have been exorcised much earlier. I think all of us have a great sense of regret that it is still there this evening, even more so when we consider that there is a new Act of Parliament waiting in the wings—we are going to get new legislation on this issue. How much better it would be if we did what the noble Lord, Lord Horam, said to us earlier this evening and went through the normal process of consultation with the equivalent of Green Papers and White Papers, and saw the debates we have been having on this part of the legislation as something to prepare us for that legislation when it is laid before your Lordships’ House. It is putting the cart before the horse. The Government have said in their most recent Bill fact sheet on modern-day slavery that they recognise that

“victims of modern slavery may have had periods of high vulnerability and … multiple, complex needs”

or

“experience multiple forms of exploitation at different points in time”.

If that is so—I believe it is—we need the amendment in the name of the noble Lord, Lord McColl.

[Lord Morrow (DUP)]

My Lords, I too rise this evening to speak in support of the Motion in the name of the noble Lord, Lord McColl. I fully supported his Amendment 26 last month and will continue to support him in his work to ensure that victims of modern slavery are given the practical care they need to begin to recover from their abuse.

I am pleased to support his Amendment 26B in lieu, as it is similar to a provision agreed by the Northern Ireland Assembly a few weeks ago to give confirmed victims long-term support. I am proud to say that the Assembly is once again leading the way—it does not always do that—on support for victims, as it did in 2015 when my Private Member’s Bill became the first comprehensive human trafficking legislation in any region of the United Kingdom.

As the noble Lord, Lord McColl, rightly pointed out, this proposal for long-term support in England and Wales is not a new commitment that the Government do not support. They have made it clear they do—but they are not willing to go beyond guidance. I urge the Minister to reconsider. I hope the Government will support the noble Lord’s amendment and not see England and Wales fall behind again.

I put on record my disappointment that the Government have not been willing to move on leave to remain for victims who are not British citizens and who do not have secure immigration status. The intention of Amendment 26 was that victims who are eligible for long-term support would be given temporary leave to remain to ensure that they could remain in the UK to access this support to help them recover from their exploitation, to prevent their retrafficking, and for them to co-operate with police and prosecutors. The need for that leave to remain has come into even clearer focus for victims in Northern Ireland who will now be able to get longer-term support but might not be able to remain in the country to receive it. I hope your Lordships’ House will return to this issue and not forget the needs of victims of exploitation for security and certainty for their recovery. In the meantime, I shall support the noble Lord’s amendment if it is pressed this evening.

Homes for Ukraine Scheme

Lord Alton of Liverpool Excerpts

Thursday 31st March 2022 Lords Chamber

[Lord Harrington of Watford (Con)]

I am happy to clarify the questions asked by the noble Baroness, Lady Sheehan, which are, as usual, precise, to the point and perfectly valid. I should explain what happens with the Homes for Ukraine scheme. People apply when they get their security clearance—I do not want to give the impression that “security” is to do with spies; it is mainly to do with people trafficking, paedophilia and other things. At that stage they get an email back that grants their permission to come in. That is a PDF with permission to fly. That is for the 2,700.

[Lord Alton of Liverpool (CB)]

My Lords, can the Minister say who is the official employed full-time to oversee the process? Will he arrange for him to attend the regular briefings organised by the Foreign Office and the Ministry of Defence, which no one from the Home Office or his own unit attends, in order to brief Members of both Houses? Can he also say whether he will look, as I did last week, at the way family units are being kept together in Lithuania when refugees arrive from Ukraine, and at whether we are doing the same here?

[Lord Harrington of Watford (Con)]

I thank the noble Lord, Lord Alton, for his question. I am certainly happy to do what he suggests with the family units; that is a very good point. On his first question, I apologise: I was thinking of the answer to his second question, but I will look it up and write to him. I do know the answer, but I was thinking of his second question.

Ukrainian Nationals: Visitor Visas

Lord Alton of Liverpool Excerpts

Tuesday 22nd March 2022 Lords Chamber

[Lord Harrington of Watford (Con)]

I can assure the noble Lord absolutely that that is the case.

[Lord Alton of Liverpool (CB)]

My Lords, underlining the point about the dire situation that the noble Lord, Lord Moylan, described, will the Minister respond to reports that, according to the United Nations, the number of people who have now fled their homes in Ukraine totals 10 million—a quarter of the population—that mass deportations and abductions from Mariupol into locations deep inside Russia have been instigated and that an art school sheltering some 400 people has reportedly been destroyed? Did the Minister have the chance to read the letter in Times on Saturday which highlighted the plight of the 100,000 orphans, half of whom are disabled, housed in 700 children’s homes? Is the noble Lord, as our Refugees Minister—where he is doing a terrific job—able to instigate and co-ordinate international efforts to ensure the safe evacuation of those, clearly very vulnerable, children?

[Lord Harrington of Watford (Con)]

I thank the noble Lord for his question. We have done quite a lot of work on orphans in the countries around Ukraine. The problem is that the policy of the Ukrainian Government, which we have to respect, is that orphans are to be kept in countries adjacent to Ukraine. In the vast majority of cases, they do not want them brought to the UK or other countries. It is therefore our role, predominantly, to support the Ukraine Government by providing aid, hospitality and all the facilities that we can in those countries.

Nationality and Borders Bill

Lord Alton of Liverpool Excerpts

3rd reading
Monday 14th March 2022 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, I can be fairly brief. I support the amendments put forward to your Lordships’ House by the noble Lord, Lord Rosser. In particular, I refer to Amendment 9 in the name of the noble Lord, Lord McColl. I think we would all want to extend to him a speedy return to his place and thank him for all the work he does on behalf of victims of modern-day slavery. I mention my own interest as a trustee of a charity, the Arise Foundation, that deals with modern slavery and human trafficking.

It has been a pleasure to have co-signed amendments to Part 5 of the Bill in the noble Lord’s name but, like the noble Lord, Lord Rosser, I would have preferred that Part 5 was not here at all. I hope that the Minister, when she comes to reply, will be able to give us some indication about the cart-before-the-horse point that was made frequently during discussions on Part 5—in other words, when the new legislation on modern slavery will be laid before your Lordships’ House. I realise that she cannot give us an exact date, but is there some rough estimation of when we might expect to see that? After all, all these issues will be back on the table and open to amendment at that time.

I am sure that all noble Lords will join me in commending the noble Lord’s perseverance and persistence in the cause of improving the support and outcomes for victims of modern slavery over many years. I support his tidying up of Amendment 9 and trust that noble Lords will do the same. We have had the opportunity to improve the Bill for victims of modern slavery, and I am proud of what the House has done in undertaking that. There are still areas of concern, and the Government will know that the outcomes of the Bill will be monitored closely by those who work with victims of human trafficking.

In concluding, I ask the Minister whether the Government will publish the statutory guidance cited in Part 5, in Clause 64, before ping-pong is completed. If not, will it be published during the current Session of Parliament?

[Baroness Hamwee (LD)]

My Lords, on these Benches we support the amendments, but I ask the Minister to go back to the—to me quite worrying—announcement she made at the beginning of this debate, regarding the legislative consent Motions or otherwise. The fact that the Scottish and Welsh Governments do not support the Bill—I assume that is the political and, if you like, philosophical reality behind their stance—seems to raise not just political but practical and procedural issues and matters of enforcement.

I will refer to one issue in the Bill: the arrival or entry into the UK. If asylum seekers arrive at the coasts of Scotland or Wales rather than England, what is to happen? I understand that the Minister’s tone had to be quite neutral and not alarmist, but there are very serious issues related to this. I think the House would be grateful if the Minister were able to flesh out the position a little more.

--- Later in debate ---

[Lord Paddick (LD)]

My Lords, following the invasion of Ukraine, it has been interesting to note how the arguments of some noble Lords have acquired a hollow ring. We were implored to listen to public opinion to restrict immigration, but this Bill is not about restricting the over 90% of immigration to the UK that is nothing to do with refugees. This Bill is targeted at asylum seekers like those fleeing Ukraine, who, in recent years, accounted for about 4% of immigration to the UK, and it is aimed at victims of modern slavery: people being trafficked and exploited by ruthless people smugglers as well as many being exploited in this country who were born in the UK.

Public opinion shows that British people welcome refugees; this Bill shuns them. It is consistent with the Government making another grave mistake in using the new-found freedom from the European Union to place barriers in the way of Ukrainian refugees instead of waiving visas as the rest of the EU has done. To paraphrase the Irish Prime Minister yesterday, we can deal with any security issues once they are here—the priority is humanity.

I thank my noble friends Lady Hamwee and Lady Ludford, without whose support I would not have made it through this ordeal, as well as the Labour Front Bench and Back Benches, our respective support staff, Elizabeth Plummer and Grace Wright, and all those organisations and individuals who have supported us in opposing this truly dreadful Bill, including the noble Baronesses, Lady Jones of Moulsecoomb and Lady Bennett of Manor Castle.

I thank the tripod of Ministers—the noble Lords, Lord Wolfson of Tredegar and Lord Sharpe of Epsom, and the noble and learned Lord, Lord Stewart of Dirleton—for supporting the noble Baroness, Lady Williams of Trafford, who has striven uncomplainingly through unreasonably long sittings due to the mismanagement of the timetabling and the deliberately unco-operative attitude of the Government. This House should not have been debating issues of this gravity at 3 o’clock in the morning or voting on them after midnight.

The elected House passed this Bill and, therefore, sadly, so must we. Hopefully, we have taken some of the sting out of it. In the light of Ukraine, simply because it graphically illustrates the barbaric nature of this Bill, we now ask the other place to think again and to leave in place the improvements that we have made. We on these Benches earnestly hope that it will.

[Lord Alton of Liverpool (CB)]

My Lords, I place on record my thanks to the noble Baroness, Lady Williams of Trafford. She has heard a lot of complaints about the things that Members of your Lordships’ House disagree with, and I associate myself with some of those complaints, but this Bill has been something of an endurance test. At a quarter to one in the morning last week, as we debated citizenship fees, I thought that maybe this was not the way to conduct parliamentary business. However, I was particularly pleased that, during the course of our proceedings, the noble Baroness was specifically recognised and raised to the Privy Council; it was a just reward for the way in which she serves your Lordships’ House.

I notice that the noble Lord, Lord Patten of Barnes, has been listening in the Chamber this afternoon. He spoke in our debate last week about the position of young Hong Kongers. Along with the noble Lord, Lord Sharpe, the noble Baroness was incredibly helpful in incorporating into this Bill something that will really benefit young people in Hong Kong who, born after 1997, were not part of the BNO scheme that their parents had been part of. I have already seen emails from people in Hong Kong expressing their thanks to your Lordships’ House.

Finally, I extend my thanks to Members from all sides who supported my amendment on providing safe and secure routes out of genocide in various parts of the world. I hope that that will not be lost in the maelstrom as we now proceed to ping-pong but will be given serious thought, and that maybe further discussion can take place as this Bill now proceeds to another place.

[Baroness Stowell of Beeston (Con)]

My Lords, I join the noble Lord, Lord Alton of Liverpool, in his comments about my noble friend the Minister, on her effective stewardship of this Bill and the recognition that she has recently received in becoming a member of the Privy Council.

I would like to add a slightly different perspective from that of some noble Lords who have spoken in this stage of the legislation. I support this Bill. I have not contributed to a great extent during its passage, but noble Lords may have noticed that I have spent a lot of time listening to the debates during its period in your Lordships’ House. Although I support the Bill, I do not do so blindly. I am a great believer in the parliamentary process, and I have always taken the view that the process of scrutiny always improves legislation. The Bill leaves this House to return to the other place stronger than when it arrived. I commend many noble lords who have worked to achieve that, including my noble friend the Minister and her colleagues on the Front Bench.

However, I will make a couple of other observations. One of the things that I have found a bit concerning in listening to some of the debates during this Bill’s period with us is the way in which some noble Lords in bringing forward their amendments, or those who have supported their amendments, have sought to suggest that people who are kind are people who will support them—in a way, trying to define those who oppose the Bill as the only people who speak for those who are kind and generous when it comes to those who come to our country in their time of need. As the Minister said earlier, it is important for us to recognise that the need and desire for stronger immigration controls, and the generosity of spirit of the British people to refugees and to asylum seekers, are not mutually exclusive. Actually, a lot of people feel strongly that it is because of stronger controls that people feel able to be that much more generous in the way they feel they want to be to those in need.

So, whatever happens when the other place considers the amendments that have been made in your Lordships’ House and sends the Bill back to us, I hope that when we get to that stage in the passage of this legislation we will all refrain from trying to monopolise or reserve for ourselves a definition of kindness that is not embracing of those who also want to see stronger immigration controls.

Ukraine: Urgent Refugee Applications

Lord Alton of Liverpool Excerpts

Wednesday 9th March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

There is one area where I will depart from the noble Lord, which is on the need to make sure that people are who they say they are. If someone says they are Ukrainian and in fact are not—particularly if they are someone who we might not wish to have in this country because of their behaviour—it is really important that that place is not taken by someone who has no genuine right to be here. So I do not make an apology for that, but I otherwise completely concur with the noble Lord. We are country that welcomes people and tries to provide as much support as we can—and, as I said, my right honourable friend the Home Secretary was in Poland at the weekend.

[Lord Alton of Liverpool (CB)]

My Lords, the FCDO has organised excellent morning briefings and, this morning, the Foreign Office representative suggested that as many as 2 million people may have now been displaced in Ukraine. Would it not be sensible at those briefing sessions for the Home Office also to be represented? The information that the noble Baroness has been giving would be very useful. Can the noble Baroness confirm reports that 227,000 people have now fled from Ukraine across the Romanian border? Has she seen the representations made to her department by James Grundy, the Member of Parliament for Leigh in the north-west of England, about a small charity that has a house where they have already taken a couple of hundred Ukrainian refugees? Would it not be sensible for the Disasters Emergency Committee to include small charities that are not part of DEC so that they too can be funded to ensure that people can be kept in safe places in Romania or Poland without having to make journeys to other parts of the world?

[Baroness Williams of Trafford (Con)]

I think that what the noble Lord has done is outline how the people of Ukraine would actually like to get back to Ukraine. His suggestion about small charities that are able to help, whether here or in Romania, is really sensible. In terms of the numbers crossing into Romania, I cannot verify those figures, but I am absolutely sure that it must be a very high number indeed. On the subject of the morning briefings, he must be able to lip-read, because my noble friend Lord Ahmad and I were in fact talking about that just before we stood up.

Nationality and Borders Bill

Lord Alton of Liverpool Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

To conclude on this group, I repeat, because it is so important, that I cannot believe a Conservative Government would drive a coach and horses through the principles on which one of the flagship policies of their tenure in office—however long that lasts—was based, which is globally recognised and seen as a torchbearer, and all in the name of an uncontrolled increase in the numbers being referred to the NRM of people who are using it as an excuse to circumvent the Immigration Rules. The Government should sort that out, rather than undermining their Modern Slavery Act.

[Lord Alton of Liverpool (CB)]

My Lords, I refer to my interests in the register as a trustee of the Arise Foundation, a charity that works for victims of modern slavery and against human trafficking. It is a great pleasure to follow the noble Lord, Lord Coaker, and to endorse everything he said about this group of amendments. As he said, in my name are Amendments 67 and 68, and I have signed Amendment 70, in the name of the noble Lord, Lord McColl. I should say at the outset that my noble friend Lady Prashar is unwell, and we all wish her a speedy recovery to her usual place. I thank the right reverend Prelate the Bishop of St Albans for also being a signatory to these amendments.

Before I turn specifically to the amendments, I endorse what the noble Lord, Lord Coaker, said in congratulating the noble Baroness, Lady Williams, on her elevation to the Privy Council; the whole House would agree with him. Also, what an extraordinary backdrop to today’s debate and to this Bill it was for us all to have been privileged to sit in the Gallery and listen to President Zelensky. The UNHCR suggests that as many as 3 million people will be displaced and become refugees, joining the 82 million people who are displaced or are refugees worldwide at this time. What a backdrop to our consideration of how we can deal with people in a civilised and humane way, but also our consideration of the fundamental and root causes of this massive displacement of people, which we so regularly fail to address.

The points made so well by the noble Lord, Lord Coaker, about the national referral mechanism and the way we treat children are especially close to my heart. Without wishing to repeat either the points I made in Committee or anything said by the noble Lord, I will try to summarise the arguments relatively briefly.

The NRM is a vital mechanism for the recovery and safety of survivors of modern slavery. Since its introduction, with the work of successive Governments, including the introduction of the vitally important Modern Slavery Act by a past Conservative Government, as we have heard—described by the noble Lord as “flagship” policy—the UK has become a global leader in countering the evils of trafficking and modern slavery. It will be a lasting legacy to the right honourable Theresa May, who pioneered this when she was Home Secretary, with support from all quarters: it was bipartisan and bicameral legislation.

Many of us sitting on these Benches participated in those proceedings and helped to improve that legislation, which was not driven through in a pell-mell rush but given proper consideration with pre-legislative scrutiny at every stage. People were engaged and involved in these sensitive and complex issues. That contrasts somewhat with the speed with which we are driving forward quite a lot of legislation at the moment. It reminds me of the old saying: legislate at speed and repent at leisure. I feel that we may well end up doing that.

The NRM, like so many things, is not perfect, but I, along with many across the House, I am sure, would draw parallels between the NRM and the succour it offers to vulnerable people and the campaigns in another age, of people such as William Wilberforce. Both are drawn from a strength of will and compassion that makes our country unique, and we should not squander that. Although I do not believe that any of us here today would wish to diminish the achievements of all those who sat here in both Houses and strived to support some of the most vulnerable, we have to look at the practical application of what it is that we are being invited to do. Clause 59 will do that—it will diminish what we have set our hands to. With this clause, we would close the door for many to the safety of the NRM. The clause will, in effect, raise the bar that these people must meet to obtain a positive reasonable grounds decision and the safety and support of the national referral mechanism, leaving them with a stark choice between returning to their chains or etching out some half-existence.

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Tabled by

[Lord Alton of Liverpool]

67: Clause 59, page 63, line 1, at end insert—
“(1ZA) Guidance issued under subsection (1) must, in particular, provide that the determination mentioned in paragraph (c) is to be made on the standard of “suspect but cannot prove”.”Member’s explanatory statement
This amendment would ensure that amendments made to the Modern Slavery Act 2015 do not raise the threshold for a Reasonable Grounds decision when accessing the National Referral Mechanism in line with Modern Slavery: Statutory Guidance for England and Wales (under s49 of the Modern Slavery Act 2015) and Non-Statutory Guidance for Scotland and Northern Ireland.

[Lord Alton of Liverpool (CB)]

My Lords, I am grateful to the Minister for the assurance that he gave, and it is my decision now not to move this amendment.

Amendment 67 not moved.

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[Baroness Jones of Moulsecoomb (GP)]

My Lords, this is an odd group because it contains two important issues almost at opposite ends of the spectrum. On the one hand we have low-paid, migrant domestic workers with very little in the way of rights and at risk of exploitation because of their precarious visa status and at risk of destitution and deportation if they cease to work for their specific employer. On the other hand, we have this visa category designed for the super-rich. It is part of a global order where being rich entitles you to buy politicians, avoid taxes and be exempted from the normal visa rules that bind the rest of humanity. It is almost poetic for these contrasting issues to be joined together in the same debate.

I had a dream last night that we had a snap general election which would have meant that this Bill, along with the police Bill and others, would have fallen. I woke up very happy. However, the consequence of both these issues is the same. It is exploitation. The migrant domestic worker visa almost guarantees exploitation of the workers by the super-rich and the tier 1 investment visas almost guarantee exploitation by the super-rich. Suddenly, the Government care about oligarchs abusing the very rules that the Government put in place to help oligarchs gain access to our country. It should not have taken an illegal war for the Government to pay attention to these very obvious consequences.

There is an inevitable immorality to becoming super-rich, whether the wealth was acquired through underpaying workers, misappropriating assets during the dissolution of Soviet Russia or the theft of resources from developing countries. It is very hard to become super-rich with a clean conscience. It was obviously wrong to establish a golden visa system for the super-rich. It corrupted the immigration system and gave special rights to the global elite. The Government should never have done this and should end it completely.

I will vote for both these amendments. Could the Minister make my dream come true and accept all these amendments so that at least we have a Bill that we can possibly swallow?

[Lord Alton of Liverpool (CB)]

My Lords, I join other noble Lords in supporting the right reverend Prelate the Bishop of Bristol in moving Amendment 70A. Like the noble Baroness, Lady Lister, I had the opportunity of meeting some of the people from Kalayaan in Palace Yard earlier today. It reminded me of the meeting I had with the group in 2015 when we were discussing the modern slavery legislation and the immigration Bill. With my noble friend Lord Hylton, whom my noble friend Lord Sandwich referred to earlier, we moved amendments at this time. I went back and took the trouble to have a look at what was said during the course of that debate. Indeed, everything that the right reverend Prelate said in her prescient and eloquent remarks was contained both in the amendment before the House tonight and in the amendments that were moved in the legislation that we divided the House on back in 2015 and 2016.

My noble friend Lord Kerr got it absolutely right, as often he does, when he said that this is about bringing the position back to the pre-2012 status. The noble Baroness, Lady Lister, referred to the request of Kalayaan that that should be one of issues on the table during the discussions that will be held, I presume with the noble Lord, Lord Sharpe, when they meet tomorrow at the Home Office. Like the noble Baroness, I would be grateful if we could have a bit more elucidation about what is going to be on the agenda for that discussion. Given that there is going to be new legislation not that far up the track, it would be wonderful if we could be assured that this will be on the agenda for proper consideration then and that what the right reverend Prelate has said to us tonight will be one of the things that will be considered.

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Moved by

[Lord Alton of Liverpool]

76: After Clause 78, insert the following new Clause—
“British National (Overseas) visas: eligibility
(1) Within two months of this Act being passed, the Secretary of State must amend the immigration rules to ensure that all persons meeting all the conditions set out in subsection (2) are eligible to apply for the British National (Overseas) visa. (2) The conditions in this subsection are that—(a) the person has at least one parent who is a British national (overseas),(b) the person was born on or after 1 July 1997,(c) the person is aged 18 or over on the date of application, and(d) the person is—(i) if applying to enter the United Kingdom, ordinarily resident in Hong Kong, or(ii) if applying for permission to remain, ordinarily resident in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey, the Isle of Man or Hong Kong.”

[Lord Alton of Liverpool (CB)]

My Lords, it is a great pleasure to introduce Amendment 76, whose equivalent was moved in Committee but had its inception in the House of Commons. The amendment stands in my name and those of the noble Lord, Lord Patten of Barnes, the right reverend Prelate the Bishop of St Albans and the noble and learned Lord, Lord Falconer of Thoroton, so it is an all-party amendment. It affects BNO eligibility for visas for young people; that is, those who were born after 1997, whose parents qualify but they themselves do not. This was in many respects an omission from the original scheme. I declare my interests as a patron of Hong Kong Watch and as vice-chair of the All-Party Parliamentary Group on Hong Kong.

The original plan was launched on 31 January as a bespoke immigration route for BNO status holders and their family members. It was something that we could all welcome, reflecting our moral and historic commitment; and, indeed, it has been a great success, with over 100,000 applications made to date. However, some 18 to 24 year-olds were unable to access this route. as your Lordships know, this amendment would enable individuals born on or after 1 July 1997 who have at least one BNO parent to apply to the route. As I said, the amendment had its genesis in the House of Commons. I pay particular tribute to the right honourable Damian Green for the work that he put into it, but also to the support of Lady May and other notable members of the Conservative Party, as well as the support of the Commons from all Benches on all sides, so this is bipartisan, and bicameral as well.

I pay a special tribute to and thank the noble Baroness, Lady Williams, who has already been congratulated quite a lot today on her notable elevation to the Privy Council—perhaps because of what she did on this amendment. She and her noble friend Lord Sharpe have engaged very much with those who have signed this amendment. He has significant experience in Hong Kong, so this was close to his heart.

The noble Lord, Lord Patten of Barnes, made a very memorable speech in Committee, which was followed by many people in Hong Kong, let alone in this country, and it says an awful lot that someone who has held such high office in the past is willing to commit so strongly to this, to show that his affection and commitment to the people of Hong Kong remain completely unchanged. Like me, he continues to be concerned about those who will not qualify for this scheme, but that is not the point of the amendment. It is something that others must step up to the plate to do something about, but I hope especially that those living in other Commonwealth countries can follow the example that the British Government have set in issuing a Written Statement which was the upshot of conversations that we had in Committee; the Government

“intend to lay the changes to the Immigration Rules in September with the changes expected to go live in October”.

The Written Statement also details the welcome programme led by the Department for Levelling Up, Housing and Communities. Its tone and what it says at the end I particularly welcome:

“We look forward to welcoming applications from those individuals who wish to make the UK their home”.


The Government have taken a positive approach. They have engaged constructively, and this decision is worthy of this country and its special relationship with Hong Kong. It will allow young Hong Kongers who were not eligible for a BNO visa to avoid languishing in the asylum system, unable to work or study. This change of policy will allow these young people to settle more quickly and enrich British society.

I do not need to say very much more, other than to comment on one development in Hong Kong this week which underlines why life has become so difficult for people such as Joshua Wong, Nathan Law and others to whom we referred in Committee. Paul Harris, the former chair of the Hong Kong Bar Association and a veteran human rights barrister, and a man of great standing, has had to leave Hong Kong after police questioned him. It marks another dark day for human rights and the rule of law in Hong Kong. His steadfast defence of Hong Kong’s beleaguered democracy and his opposition to the draconian national security law provoked the ire of the Chinese Communist Party and made him a marked man. For those young people who joined many of the protests and demonstrations, this scheme will literally be a lifeline. I hope that we will then use our standing to convince other countries to follow our example and do the same by extending these lifeboat provisions to enable settlement—other Commonwealth countries especially, such as Australia, New Zealand and Canada, which already have significant communities of people drawn from Hong Kong.

I hope that I have been relatively brief, since the House has a lot of other business to accomplish. I beg to move Amendment 76.

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[Lord Sharpe of Epsom (Con)]

I thank noble Lords and pay particular tribute to the noble Lord, Lord Alton of Liverpool, who tirelessly campaigns on this and other issues. I thank him for his kind words, and I thank all noble Lords who have contributed to this short debate on Amendment 76.

We recognise that the BNO route is creating unfair outcomes for the families of BNO status holders, with some children able to access the route independently because they were old enough to be registered for BNO status, while their younger siblings, aged between 18 and 24, are unable to do so. That is why, on 24 February, the Government announced a change to the BNO route to enable individuals aged 18 or over who were born on or after 1 July 1997 and who have at least one BNO parent to apply to the route independently of their parents.

The policy change addresses the concerns raised by the noble Lord, Lord Alton, and other Members of both Houses. It will ensure that we are addressing potentially unfair outcomes for families of BNO status holders and ensure that the UK meets its ongoing commitment to BNO status holders.

In answer to the noble Baroness, Lady Bennett, I say that there are of course other routes for those who are not eligible under this particular scheme. We intend to lay the changes to the Immigration Rules in September, and they are expected to take effect from October.

In the light of these assurances, I ask the noble Lord to withdraw the amendment.

[Lord Alton of Liverpool (CB)]

My Lords, in the light of what the Minister has been able to say to the House, and of the debate and the excellent contributions from all who have spoken—including my noble friend Lord Green, with whom I have a good friendship but often disagree—I think that young Hong Kongers who come to this country will enrich our lives. I have seen for myself, in my own city of Liverpool, the great contribution that Hong Kong people have made over many generations. I know that these will be patriotic and loyal citizens, who will care for this country and enliven our society.

I beg leave to withdraw the amendment, and I am grateful to all who have spoken in tonight’s debate.

Amendment 76 withdrawn.

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However, surely it ought to include service families as well because it is not only the service man or woman who is putting their life on the line and serving this country. Their families are also giving up a lot. Surely, the appropriate amount for anybody to pay when they seek to live here after their service personnel relative—mother, father or whatever family member—is only the cost of processing the application, just as we do with passports. A cost of thousands of pounds is not appropriate. Surely, the Home Office can find out how much it actually costs to process, and that should be the fee.

[Lord Alton of Liverpool (CB)]

My Lords, it is a great pleasure to add my voice, albeit briefly, in support of both these amendments, particularly Amendment 78 in the name of my noble and gallant friend Lord Craig of Radley. Although his amendment is prescriptive in asking the Government to respond

“Within three months of the passing of this Act”,


I think he told the Minister that if an assurance can be given that, within a reasonable time of the Bill’s enactment, the Government will move on this issue, he would be happy not to divide the House. I agree with him about that and if that assurance can be given, it will surely meet the terms of his amendment.

We are not talking about large numbers—it not 5 million people—but people who have served the Crown. If anybody is vulnerable today as a result of the passing of the national security law in Hong Kong, it is surely people who have served the Crown. There is no question in my mind about the justice of what my noble and gallant friend is arguing for, but this is not the first time of asking; he has urged us to do something about this year in, year out—in good times and bad. I hope that the Government will take this opportunity to deliver in the Bill what my noble and gallant friend has asked for.

[Lord Green of Deddington (CB)]

My Lords, as a retired second lieutenant who served in Borneo alongside Gurkha regiments, I am very happy to support these proposals.

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[Baroness Lister of Burtersett (Lab)]

My Lords, I am very grateful to the noble Baroness, Lady McIntosh of Pickering, for tabling these amendments. I welcome her to the noble band of terriers who have been snapping at the Home Office’s heels on the issue whenever the occasion arose.

In Committee, the Minister, who to be fair is new to the issue, tried some of the old, discredited arguments. Notably, he referred to the

“sustainability of the system and fairness to the UK taxpayer.”

When challenged, he acknowledged that the system to which he referred was the migration and borders system. Once again the Home Office is conflating citizenship with immigration. We still await a convincing reason as to why children who were born or who have grown up in this country should be subsidising the migration and borders system. Moreover, the distinction between this group and taxpayers is simply not valid, as the children’s parents are already taxpayers and the children will be in future and may already be paying indirect taxes.

The Minister also tried to reassure us that there are a number of exceptions to application fees which protect the most vulnerable, including young people who are in the care of a local authority and applying for limited or indefinite leave to remain. However, the exceptions apply only to leave to remain, and when challenged he accepted the distinction between citizenship and leave to remain, saying:

“There is no arguing about that at all.”—[Official Report, 27/1/22; col. 469.]


When challenged again later, he assured me that he would not try the argument again today. Now that both he and the noble Baroness, Lady Williams of Trafford, have accepted that that argument will not wash in this House, and the importance of citizenship has been a thread running through the debates on the Bill, I hope he will not attempt to use the argument again this evening.

In Committee, the Minister also promised to write in response to a number of questions on the best interests review, for which we have been waiting, like Godot, for a good year since the Court of Appeal ruled that the current fee is unlawful because of the failure to take account of the best interests of children under Section 55 of the Borders, Citizenship and Immigration Act. I am grateful to him for the letter, although I found it a bit confusing. However, as the noble Baroness said, at least we now have the Supreme Court judgment, which did not dispute the best interests finding, and the Minister’s letter confirmed that the best interests Section 55 review will be published. My understanding is that it will be published by early May. Can he confirm that and say whether it will include a race and disability equality assessment? Can he also give an assurance that Parliament will be given an opportunity to debate the review report?

It is difficult to believe that a fee of over £1,000 is in the best interests of any child who has to pay it, given the evidence of the insecurity, alienation, exclusion and isolation it can cause, as noted by the Court of Appeal. The Supreme Court judgment found that, best interests aside, as the noble Baroness said, it is for political determination to limit the Home Secretary’s discretion in setting the fee level. The Bill gives us the opportunity to so determine politically.

Noble Lords have frequently cited the former Home Secretary Sajid Javid, who described the fee as “huge”. Less well known is that, just shortly before becoming the current Home Secretary, Priti Patel also questioned the level of the fee, according to a Times report, and indeed the Minister accepted that it is “a lot of money”. We have an opportunity this evening—or rather, this morning—to end the long-standing injustice created by this huge fee that has served to exclude thousands of children from their right to register as citizens. I hope we will take it.

[Lord Alton of Liverpool (CB)]

My Lords, I am very pleased to speak at this time of day in favour of this amendment, which was so ably moved by the noble Baroness, Lady McIntosh, and supported by the noble Baroness, Lady Lister. I have spoken at earlier stages, so I do not need to detain the House for very long this evening. I have spoken not just on earlier stages of the Bill but over the years about the injustice of this extraordinary sum of money being charged in citizenship fees, especially in the case of children, as we have just heard. Like the noble Baroness, Lady Lister, I was struck by Sajid Javid’s own remark about the huge cost of placing such a large amount of money on the right to become a British citizen—over £1,000.

I gave a witness statement to the High Court about what the intentions of the 1981 legislation actually were. I served in another place then and I spoke in the debates in the House of Commons at that time. The Government of the day—a Conservative Government—rightly wanted to ensure that every person in this country saw themselves as a British citizen and gave them routes to achieve that status. I think that the Home Secretary and the Prime Minister of the day would be horrified at the idea that we would try to make money out of this process and thereby exclude people who ought to become British citizens from being able to do so. I particularly draw the attention of the House to proposed new subsection (2)(c)(i), as inserted by Amendment 83, which deals with the costs of exercising the function.

Nationality and Borders Bill

Lord Alton of Liverpool Excerpts

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

Lastly, in discussions on previous amendments there was much talk about public opinion. I believe that the British public are essentially humanitarian, and if they are given these arguments they will say, “Yes, we support that. We support family reunion, particularly for these children. Let’s go for it—we don’t agree with the Government.” Public opinion is on our side, so let us make sure that the Government listen to that public opinion.

[Lord Alton of Liverpool (CB)]

My Lords, I support the noble Lord, Lord Dubs, in what he has just said. I was one of the signatories of the original Dubs amendment, as it became known. It is a pleasure to follow him this evening and endorse his remarks, as well as those of the noble Baroness, Lady Ludford. I also support and have signed Amendment 50, which is being proposed by the noble Baroness, Lady Kennedy of The Shaws. My Amendment 51 is an all-party amendment. I declare my interest as a patron of the Coalition for Genocide Response, and my involvement in various relevant all-party parliamentary groups.

Amendment 51 has its origins in northern Iraq, where on 3 August 2014 ISIS attacked Sinjar, killing thousands of Yazidis, abducting thousands of women and girls, and forcing the rest to flee. This attack on the Yazidis was followed by mass atrocities in the Nineveh Plains, from where people were forced to flee or to die. People who were different, including gay people, were thrown from high buildings, prisoners were burnt in metal cages, women were raped, and homes were looted. These atrocities then intensified in their number and scope.

In 2019, I travelled to northern Iraq and met Yazidi leaders and members of other minorities; I took statements and evidence. It was truly shocking to hear first-hand accounts of the terrors to which human beings had been subjected. To hold to account those responsible for atrocity crimes, the 1948 convention on the crime of genocide lays a duty on us to protect, prevent, punish and—since the Bosnian genocide—act from the moment it is believed that this ultimate crime of crimes is being perpetrated.

In 2016, believing a genocide to be under way, the four signatories of this amendment tonight did precisely that and acted. The noble Lord, Lord Forsyth, the noble Baroness, Lady Cox—who is currently in northern Nigeria, collecting evidence on atrocity crimes—the noble Baroness, Lady Kennedy of The Shaws, and I jointly tabled an amendment, calling on the Government to provide a safe and legal route for Yazidis and others dying at the hands of their tormentors. We failed to convince the Government to support it.

However, during that debate, and again in Committee on this Bill, we have again argued that our asylum procedures should create a specific category to help those judged to be at immediate risk of genocide. This amendment would leave the adjudication of whether a genocide was under way to a judge of the High Court of England and Wales, a route suggested to me by my noble and learned friend Lord Hope of Craighead. It was supported as a principle during proceedings on the Trade Bill in 2021 by three-figure majorities of your Lordships’ House and only narrowly defeated in the House of Commons, in what I think was the closest vote of the Parliament on a House of Lords amendment.

Genocide is defined in Article 2 of the 1948 convention on the crime of genocide. Winston Churchill said that the horrific nature of the genocide of the European Jews, the Holocaust, was a crime so unimaginably monstrous that it did not have a name; a Jewish Polish lawyer, who lost over 40 members of his family in the Holocaust, gave it one. Despite the term being named and defined, we nevertheless refused to empower a United Kingdom court to pronounce on it, while knowing that routes to the International Criminal Court are invariably blocked by vetoes.

But the House should note that, as recently as in November 2021, a court—a German one, in Frankfurt—did finally put a name to the crimes committed by ISIS against the Yazidis and others. It convicted a man who had bought a five-year-old Yazidi girl as a slave, and then chained her up in the hot sun where she burnt to death. The court convicted him of genocide. On International Women’s Day next Tuesday, we should recall that little girl and the estimated 5,000 young Yazidi women and girls abducted by ISIS, who suffered horrific and prolific sexual abuse.

Tonight, we have the chance to do something practical, which we have failed to do thus far. Despite all the evidence and a vote in the House of Commons declaring atrocities against the Yazidis to be a genocide, we have still not recognised this as a genocide and we have failed to create a safe or legal route to enable safe passage for those who are so grievously at risk. As I said at Committee:

“Reports suggest that among those resettled to the United Kingdom, there have been no Yazidis whatever and no Christians from northern Iraq—none. I would be most grateful if the Minister could tell us what the numbers are, or, if she does not have them, perhaps she could arrange for us to receive them between now and Report”.—[Official Report, 8/2/22; col. 1484.]


I hope we will be given those figures today.

In January, I asked for a bespoke humanitarian visa scheme for Uighurs and was told:

“While we sympathise with the many people facing difficult situations around the world, we have no plans to introduce a bespoke humanitarian visa scheme for Uyghurs.”


But sympathy alone is not enough. The Foreign Secretary herself has said that there is a genocide under way in Xinjiang; the House of Commons has voted to say there is genocide under way; and American Presidents, present and previous, have said there is a genocide under way. Does that not at least require a bespoke scheme to help some of those affected?

This amendment is modest: it will not be able to help the millions of people caught up in the pestilential nature of persecution, demonisation, scapegoating and hateful prejudice evident in the recent genocides in Iraq and Syria, the razed villages of Rohingyas in Burma/Myanmar, or the concentration camps of Xinjiang. It will not in itself stop the hauntingly cruel elimination of innocent humans being murdered because of their religious, ethnic or other identity. This amendment will also not be able to save every life—but it will save some.

In Committee it was suggested by my noble friend Lord Green that the amendment would potentially open the door to millions of people. The signatories of this amendment have listened to that argument, and we have addressed it. Proposed new subsection (4) in the amendment now gives the Secretary of State the power to use regulations to cap the number of people granted asylum under this scheme in any calendar year. That is not unlike what we are doing over Syrians, Afghans or children. If this amendment had been passed in 2016, it would have saved the lives of some of the Yazidis, Christians, gay people and others who were targeted by ISIS.

In 2016, the noble Lord, Lord Forsyth, said:

“I say to my noble friend the Minister: throw away the brief from the Home Office and go back to the department and tell it what has been said this evening. I am certain that, despite the media coverage and the information that is available, people in this country have no idea of the extent of the horrors that are being perpetrated”.—[Official Report, 3/2/16; col. 1894.]


I therefore hope that tonight the House will send this amendment to the House of Commons, so that an injustice can be put right and a safe and legal route opened for small numbers of people, to be determined by the Home Secretary, who are subject to what we declare to be the crime above all crimes, to which we are treaty-bound to do something about. We are also bound to them by laws of common humanity. I hope we can do rather more than simply express our sympathy and sentiment.

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Moved by

[Lord Alton of Liverpool]

51: After Clause 37, insert the following new Clause—
“Conditions for grant of asylum: cases of genocide
(1) A person seeking asylum in the United Kingdom who belongs to a national, ethnical, racial or religious group which meets the criteria, in the place from which that person originates, set out in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide made in Paris on 9 December 1948, must be presumed to meet the conditions for asylum in the United Kingdom following an application to the Court from a non-governmental organisation (registered as a charity in the United Kingdom) representing such a person or group of persons belonging to a national, ethnical, racial or religious group.(2) The adjudication of whether the group to which the person seeking asylum belongs meets the description specified in subsection (1) must be determined by a judge of the High Court of England and Wales after consideration of the available facts.(3) Applicants for asylum in the United Kingdom from groups designated under this section may submit their applications and have them assessed at British missions overseas.(4) The Secretary of State may by regulations place a cap on the number of people granted asylum under subsection (1) in any given calendar year.”

[Lord Alton of Liverpool (CB)]

My Lords, I would like to test the opinion of the House.

Refugees and Asylum Seekers

Lord Alton of Liverpool Excerpts

Monday 28th February 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

We do consult our partners, including the UNHCR.

[Lord Alton of Liverpool (CB)]

My Lords, the noble Baroness will have seen the reports over the weekend that maybe as many as 5 million people will become refugees from Ukraine. The UNHCR has estimated that maybe 1 million will go to Poland alone. She will have seen pictures of three-mile long queues of people trying to get out. I thank her for what she said already about the British Government’s response. Does she not agree that the Home Secretary should now call on all Interior and Home Office Ministers across the whole continent of Europe to come together to speak to one another about how they will deal with this unfolding crisis, which is adding to the more than 82 million people already displaced in the world today?

[Baroness Williams of Trafford (Con)]

I agree with the noble Lord that the crisis that is unfolding is horrifying in the extreme. Poland has been generous to a fault to its neighbours. We will assist with some of the humanitarian assistance in Poland and other places. Of course countries should come together to decide the best way forward for what is yet another humanitarian crisis.