Border Security, Asylum and Immigration Bill

Debate between Lord Alton of Liverpool and Baroness Ludford
Baroness Ludford Portrait Baroness Ludford (LD)
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My Lords, I will say a couple of words in support of these amendments from my noble friend. As the noble Baroness, Lady Lister, just remarked, it is not as if these changes would be difficult to make: the noble Lord, Lord Kerr, referred to them as simple improvements to the process. My noble friend referred to the current summit: to be honest, I have not seen the results, as I was in meetings all morning. Are there any yet? It has obviously been widely trailed that President Macron will talk about improving the reception by this country of applicants for family reunion. It would be perhaps a little ironic—well, there would be a nice coincidence of efforts—if, from this side, we are proposing simple improvements in process and we also have an ally in President Macron, who is saying, “Please simplify and streamline your family reunion efforts”. That would be a nice entente amicale.

I will make a point that I am not sure any of the other speakers have, which is made in our briefings. Families often become separated, so not only does a family together have to make possible multiple journeys but dispersed members of a family, including children, might have to make multiple trips from different locations. So you are multiplying the risks and the possibility of violence and distress. I think my noble friend referred to one in five families saying they had to resort to using smugglers to reach the visa centre. Well, surely one of the major purposes of the Bill, which we all support, is to try to put the smugglers and people traffickers out of business. Here is a government policy that is helping to give people smugglers more business—we regret it, but it is the reality—which you could avoid by the simple shortcut of making biometrics collectable other than at visa centres and not requiring at least two journeys. The thought of a lone woman or a family with children having to expose themselves to all the threats to safety that we can imagine and are told about is really unconscionable, when it really would not take a great deal of effort by the Home Office to keep people safer, streamline the process and satisfy President Macron, as well as us, all at the same time.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, whether or not President Macron is tuned into our debate today and supportive of what noble Baroness, Lady Ludford, has just said, she will be glad to know, as I was, that the British Red Cross says:

“Extending the relevant clause to include refugee family reunion would ensure families, including children, were able to provide biometrics outside a visa centre and significantly reduce the risks encountered to reach visa centres”.


That was the point that my noble friend Lord Kerr was making during his very good speech—his remarks were eminently sensible, as always—and the invitation to try to extend that provision is long overdue.

The Red Cross interviewed 215 people—100 families. I will summarise just three things that it found:

“Just under half of the people found the journey difficult … 1 in 5 families said they had to resort to using smugglers to reach the visa centre … Just under 60 percent of families were displaced before or during the application process.”


The noble Baroness, Lady Lister, gave an example from Iran. I will give an example, if I may, from the Red Cross, from Sudan. Between 2003 and 2005, I travelled to Darfur. During that genocide, 300,000 people were killed there and 2 million people were displaced. Here we are in 2025 with the war in Sudan, which is often overlooked because events in the Middle East and in Ukraine are so high on our agendas. It has been appalling to see the horrific number of deaths and displacements again in Sudan. It is not surprising, therefore, that Sudan is probably top of the list of those who end up in the small boats trying to cross the English Channel.

Nationality and Borders Bill

Debate between Lord Alton of Liverpool and Baroness Ludford
Baroness Ludford Portrait Baroness Ludford (LD)
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My Lords, the case for asylum seekers being able to work after a few months is compelling. I am sorry that we have not heard from the noble Baroness, Lady Stroud, but I perfectly understand why she is not able to be here. Amendment 65 was admirably moved by the noble Baroness, Lady Lister.

In the debate on Clause 11, several noble Lords invoked public opinion, saying that it was wary of immigration. I suggest that obliging asylum seekers to be idle, existing in some cases on taxpayer support, is a surefire way to prejudice public opinion against them, especially those apparently fit young men who have been demonised recently. The noble Lord, Lord Alton, reminded us that the 1948 Universal Declaration of Human Rights has a provision of the right to work, and I thank him for reminding us of that.

Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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The noble Baroness made a very important point about public opinion. I draw her attention to a study by British Future which found that 71% of the public support the right to work after six months.

Immigration Bill

Debate between Lord Alton of Liverpool and Baroness Ludford
Monday 18th January 2016

(9 years, 5 months ago)

Lords Chamber
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Lord Alton of Liverpool Portrait Lord Alton of Liverpool
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My Lords, these amendments, which I support, raise both the role and resources available, as the noble Baroness, Lady Hamwee and the noble Lord, Lord Rosser, described, to the Director of Labour Market Enforcement. Reading though the exchanges in another place, it is clear that the Government were uneasy at Report stage about the lack of clarity in the Bill. Otherwise, why would the Minister, Mr James Brokenshire, have given an assurance to the House of Commons that they would go away and reflect on the matter? Therefore, it would be interesting to hear today the outcome of those reflections.

Certainly, looking at what was said in another place, there are some contradictions obvious to anyone who reads those exchanges. The Minister said, for instance, in Committee:

“We intend the director’s remit to cover labour market breaches, not immigration offences”.—[Official Report, Commons, Immigration Bill Committee, 27/10/15; col. 163.]

That is very straightforward. However, at a later stage, he said:

“The provision is not intended to stray into the separate issues of immigration enforcement, but if cases of people who are here illegally are highlighted, the director would be duty-bound to report that and to pass on intelligence through the hub that is being created”.—[Official Report, Commons, Immigration Bill Committee, 27/10/15; col. 166.]

I would therefore like to know what happens when there is a contradiction between those two roles. Where there is a protective role and an enforcement role, what would be the director’s expected priority in those circumstances? We said throughout the proceedings on the modern day slavery and human trafficking legislation that it should always be victim focused. Is this a derogation from that, or are we simply being consistent with what we did before? The House needs to know before we give this the green light.

I was surprised when the Minister in another place, in refuting the arguments that have been put forward again in your Lordships’ House today, said,

“I simply do not think it is necessary”.—[Official Report, Commons, Immigration Bill Committee, 27/10/15; col. 166.]

I wonder why he came to that conclusion, because clarity in legislation is always highly desirable. Otherwise, why would he have wanted to go away and reflect; why would these amendments have been moved in another place; and why would they be here again today? Clearly, something is necessary. Will the Minister, if he cannot put it right today, be agreeable to doing so on Report?

Baroness Ludford Portrait Baroness Ludford (LD)
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My Lords, I share colleagues’ concerns about the lack of clarity of the remit and purpose of the Director of Labour Market Enforcement and the indications of a lack of resources for the organisation so far. The Migration Advisory Committee has already been cited, but it is worth mentioning the remarks of Sir David Metcalfe in evidence to the Committee in the other place. He said that funding remains an issue, particularly for the Gangmasters Licensing Authority, and that:

“In the low-skilled report, we calculated that you would get an inspection from HMRC once every 250 years and you would get a prosecution once in a million years”.—[Official Report, Commons, Immigration Bill Committee, 20/10/15; col. 20.]

The odds of bad employers being caught, let alone prosecuted, seem slim. It comes to something when the US State Department is moved to mention the lack of resources. In its Trafficking in Persons Report 2015 it mentioned concern that there needs to be an increase in funds for the Gangmasters Licensing Authority. It is a little galling to have to be told by another Government that there are not enough resources, but we could take that to heart. That report also stated that government funding for specialised services for victims of trafficking remains limited. We are judged to be falling down on resources.

I, too, was confused by the exchanges in committee in the other place about the director’s focus outside workers who are here legally. The suggestion seems to be that a labour market offence can be committed only against persons legally in the country, which suggests that others are going to be dealt with through an immigration lens. I add my voice to those who have asked for clarity about whether the director will be focused on employers who most exploit workers, including those without leave to be in this country and to work. Without that wider remit outside legal workers, the director cannot be effective against the worst employers.

I am confused by the number of definitions of worker. We can add to them the definition under EU free movement law, but perhaps that would unnecessarily complicate the matter in hand. However, there seem to be at least three definitions of worker, and it might be sensible to have one.