Violent Disorder

Lord Browne of Ladyton Excerpts

Tuesday 3rd September 2024 Lords Chamber

[Lord Hanson of Flint (Lab)]

There is freedom of speech, and I made it very clear in the wake of the riots that people are entitled to criticise the UK Government’s asylum policy, immigration policy or any aspect of UK government policy. What they are not entitled to do is to incite racial hatred, to incite criminal activity, to incite attacks on mosques or to incite burnings or other criminal, riotous behaviour. That is the threshold. The threshold is not me saying, “I do not like what they have said”—there are lots of things that I do not like that people have said; the threshold is determined by criminal law, is examined by the police and is referred to the CPS. The CPS examines whether there is a criminal charge to account for, which is then either made through a guilty plea and a sentence, which happened with the majority of people who now face time in prison, or put in front of a court for a jury of 12 peers to determine whether an offence has been committed. There is no moratorium on criticism of political policy in the United Kingdom. There is free speech in this United Kingdom, but free speech also has responsibilities, and one responsibility is not to incite people to burn down their neighbour’s property.

[Lord Browne of Ladyton (Lab)]

My Lords, my noble friend the Minister will be aware of the analysis by the European Consortium for Political Research, which was published only two weeks ago and substantially reinforces the question that my noble friend Lord Reid asked. The correlation between the location of violence and the incidence of child poverty in any area was significantly greater than the correlation between rioting and the presence of any of the other, many factors that people have attributed the violence to. Does my noble friend agree that any response to the riots must go beyond punishment and look to restore the essentials of economic equity, viable public services and greater equality, the absence of which appears to make violent disorder significantly more likely?

[Lord Hanson of Flint (Lab)]

My noble friend makes extremely valid points about the examination of the causes. As I have said to this noble House, the Home Office, via the Deputy Prime Minister and her department, wishes to look at some of the wider issues of social deprivation that may or may not have contributed to these riots. However—if I can again draw both Front Benches opposite back in—we still have to focus on the points that were made in this debate: irrespective of social conditions in a particular area, scapegoating and attacking citizens or individuals who have in many cases no relationship to those causes is simply not acceptable, so they have to face the law. However, those are certainly important issues that need to be examined as part of the long-term mix on preventing further activity such as happened over this summer.

International Law Enforcement Alerts Platform

Lord Browne of Ladyton Excerpts

Monday 2nd September 2024 Lords Chamber

[Lord Browne of Ladyton (Lab)]

My Lords, in the accounting officer assessment of the current I-LEAP programme, which was updated in May of this year, phase 2 was described as “a longer-term objective” which remains

“at a very early stage”.

What assessment has my noble friend the Minister made of the progress achieved by the last Government in reaching a data-sharing agreement? If, as those words imply, progress was halting or minimal, what changes can we make to our approach to hasten progress, given how important it is, as my noble friend said?

[Lord Hanson of Flint (Lab)]

I am grateful to my noble friend. The House will understand that we are where we are. SIS II finished in 19-20 and—

King’s Speech

Lord Browne of Ladyton Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Browne of Ladyton (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Paddick. I await with some expectation, as he does, the answers to the relevant questions he asked.

I congratulate my noble friend Lord Timpson on an excellent maiden speech and, before that, an excellent maiden Statement. I can pay him no higher a compliment than to say that he clearly has the ear of your Lordships’ House. Mind you, from my conversations and reading since his appointment was announced, it seems that he has the ear of quite a large proportion of the population in this country as well.

Attempting to describe even a small percentage of the challenges bequeathed to this Government would more than exhaust my allotted time. Among them, I suggest that nowhere, perhaps, have the new Government been saddled with a more unenviable inheritance than in the sphere of justice and, more specifically, prisons. Of course, I acknowledge that it is common practice for Governments to take office bemoaning the parlous state to which their opponents have reduced the country. Indeed, your Lordships will recall the noble Lord, Lord Cameron of Chipping Norton, and his Sancho Panza, George Osborne, carrying around and flourishing copies of Liam Byrne’s valedictory note for years afterwards.

What the last election and the public mood demonstrate is that not only is Labour in step with the country, but there is no need for such spurious props today. The electorate has grown tired of living in a country in which so many critical services simply do not work. The failure of the last 14 years is as observable as it is evident. Our prisons are in crisis. I agree with the noble and learned Lord, Lord Stewart of Dirleton, that there is no ticking time-bomb. The ticking stopped before the election took place and we are in a much worse situation than that. Ten prisons are operating at over 140% capacity; Leeds, designed safely to accommodate 641 inmates, currently houses over 1,100; Durham, designed to accommodate 573, currently houses 970. This means that prisons are more unsanitary, violence is more common and disease can spread more easily.

Equally, when hard-pressed staff are seeking to achieve safety and order, the things that are sacrificed or neglected are those elements of incarceration that are most conducive to rehabilitation. The prison library and opportunities for prisoners to learn skills or simply to pursue knowledge for its own sake are the first casualties in a system that has been asked to do far too much with far too little.

Wandsworth is the subject of an urgent notification from the Chief Inspector of Prisons. Only a couple of months ago, many of its inmates began to be locked in their cells 24 hours a day and 80% of inmates were sharing cells designed for one. The inspectors found vermin, failing security, drugs and rising rates of self-harm. It is just one prison, but that description shames the entire country.

A quarter of prisoners across the prison estate are held in Victorian facilities with no in-cell sanitation, forced to use bins as makeshift toilets. More than half report feeling unsafe. More than a quarter have received threats or intimidation, 13% of which have escalated into physical assaults. This is the inheritance of my noble friend the Minister, the Secretary of State and the wider ministerial team, and it is against that context that their future performance should be judged.

My strong belief is that, while prisons remove people from society, the welfare of prisoners and their successful rehabilitation should be a matter of universal interest. I believe it is equally true that an improvement in the prison education system is a necessary precondition for any substantial fall in recidivism. Over 50% of the prison population have a literacy level below that of the average 11 year-old. This fact, perhaps more than any other, allows us to understand the cycle of poverty and alienation that too often ends in jail.

Churchill, in his Edwardian incarnation, was a reforming Liberal Home Secretary. In his autobiography My Early Life, he describes his approach to prison reform by saying that

“when I was Home Secretary … I did my utmost consistent with public policy to introduce some sort of variety and indulgence into the life of their inmates, to give to educated minds books to feed on … and to mitigate as far as is reasonable the hard lot which, if they have deserved, they must none the less endure”.

This strikes me as a pretty useful starting point for any determined programme of prison reform.

I know I am not alone in your Lordships’ House in greeting the appointment of my noble friend Lord Timpson with great enthusiasm and optimism. I have confidence in him and the wider ministerial team effecting a real and lasting change to our prison system, as well as widening access to justice. This will have my full support in this House and outside as they engage with these challenges.

Passport e-Gates Network Outage

Lord Browne of Ladyton Excerpts

Monday 13th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank the noble Lord for his positivity, and I could not agree with him more. It is perfectly possibly now to get off a plane and, if you do not have luggage, to be out of an airport within 15 or 20 minutes, which is remarkable—Singapore levels of efficiency, some might say. As regards the sharing of information and Schengen, I am afraid I do not know the answer; I will have to write on that.

[Lord Browne of Ladyton (Lab)]

My Lords, I have an interest in this question. I do not think it is a declarable interest, but I have an interest to this extent: I was a Minister in the early 2000s when these gates were put in the first time. I was responsible, with my noble friend Lord Blunkett, who was the Home Secretary, for installing eGates. I think they have transformed the ability of people to go through our airports, and I am very supportive of them.

I am obliged to Tom Pursglove for reinforcing on 8 May what we were debating for some hours in the previous business, which is that you can never guarantee that any IT system will be 100% reliable 100% of the time. Persuading people that that was the case is what led to the Horizon scandal. I do not want to take the Minister back to where he has been since my noble friend Lord Coaker asked him a question and the two other questions, but Tom Pursglove’s answers need clarification. The Minister has given us some. If the noble Lords do not mind, I am going to read consecutive sentences that Tom Pursglove used when answering this question in the other place. He said:

“When it comes to the root cause of what happened—how we got to this point in the first place—as soon as the fix was put in place, the posture changed to getting us to a place where we better understand the root cause. That work is ongoing, and it would not be right for me to speculate on it, but I can absolutely assure the hon. Gentleman that we will get to the bottom of the issue”.


He then went on to say—and this is what confuses me:

“As for the specific technical issue last night, I am assured that the technical team are confident that there is now a permanent fix to that issue”.—[Official Report, Commons, 8/5/24; col. 594.]


That seems to suggest that he was in a position to say what it was. The important question was asked by my honourable friend Dan Jarvis, against the background of previous e-outages. He sought to find out whether this was the same problem recurring; that was the simple question. If it is not the same problem recurring—I infer from what the Minister said that it is not—that is the answer to the question, but if it is still an issue, I would like to know, as I am sure would other noble Lords. In any event, I suggest that the Minister goes back to Mr Pursglove and tells him to be more specific in answering the question, rather than being in places.

[Lord Sharpe of Epsom (Con)]

I will repeat what I said earlier: there is no relation to any previous incident. In effect, I am being asked to unpick what my right honourable friend in the other place might have meant a week ago, which I simply do not know. I will tell the House what I do know—I have already said this, but I will repeat it. At 7.44 pm on 7 May, a loss of network connectivity caused a number of Home Office IT systems to lose service, including customer services and migration and border systems. Operational policing systems were unaffected, although Home Office access to them was. Due to the timing of the outage, the primary visible impact was at all ports where both eGates and primary control point desks were unavailable. Border Force officers reverted to using PCP laptops, which are not reliant on the network, and the Warnings Index to process passengers. Service was fully restored just after midnight on 8 May. As I said, DDaT engineers identified that the cause of the outage was a capacity issue on an element of the network that controls network traffic in the data centres. The incident was caused by the cumulative effect of changes that we have been making to sustain and modernise the Home Office network environment. That is all I can answer.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Browne of Ladyton Excerpts

Consideration of Commons amendments
Monday 22nd April 2024 Lords Chamber

[Lord Browne of Ladyton (Lab)]

My Lords, I will speak to Motion B1 and Amendment 10H in lieu. I have given a great deal of thought, in recent times, to the question of what courage and strength look like. I ask myself today whether it a desperate and unpopular Prime Minister threatening to keep some of us septuagenarians up all night if we do not bow to his will, or putting yourself and your family in mortal peril by fighting totalitarianism alongside British forces with no idea of how that struggle will end. I know which I consider to be brave and strong, and I believe that the overwhelming majority of your Lordships, like others up and down the United Kingdom, of whatever age or political persuasion, agree. For weeks, Ministers have toured the TV and radio studios, saying that to repay our debt of honour to those who have served the Crown, in Afghanistan in particular, would open the floodgates of applications. If the concession I seek would open such floodgates, creating oceans of imposters, this would be only as a result of the Government’s own incompetence and lack of preparation. It is incompetence, as well as dishonour, that has brought us here this evening.

In the summer of 2021, the former Foreign Secretary, Dominic Raab, told us in a statement to the Foreign Affairs Select Committee, that the Government were developing a plan for the evacuation of our exposed allies and agents from Afghanistan. If your Lordships will allow me a moment, I will read my exact words when reporting this to the House:

“Dominic Raab told the Foreign Affairs Select Committee that, back in July, the Government were planning for the possibility of an evacuation of British citizens and those who were quite rightly entitled to think that we had a moral obligation to secure their lives”.—[Official Report, 7/9/21; col. 812.].

I remember, post Operation Pitting, asking if someone would share that plan with me, to see whether it included the reality that those who were sent to help people evacuate left before those who needed to be evacuated could be.

In a Statement repeated in your Lordships’ House and set out in full in Hansard on 7 September, the Prime Minister, Boris Johnson, told your Lordships that the Taliban must ensure safe passage and that the Government would keep ongoing evacuation plans under review in respect of such people. He said this:

“Let me say to anyone to whom we have made commitments and who is currently in Afghanistan: we are working urgently with our friends in the region to secure safe passage and, as soon as routes are available, we will do everything possible to help you to reach safety”.—[Official Report, Commons, 6/9/21; col. 21.]


Those are the words of the Prime Minister, repeated here. After the Statement was repeated in your Lordships’ House, we were told that this plan had been in existence for most of that year and that it had been reviewed in January, and was repeatedly reviewed, so that the chaos that we saw at Kabul airport would not happen—but it did.

You would have thought that, with all of that planning and information behind it, and having recruited and trained the Triples and paid them out of the embassy in Kabul, the 2,000 people who made them up—who were most at risk, and who had been working for us, in harm’s way—would have been known about, recorded and evacuated, and that it would have been the simplest thing in the world to triage anybody who claimed to be of that group out of the ARAP process. That is not how it turned out. Instead, a great many were left behind, and so the disastrous evacuation plan of 2021 continues.

The Government created this problem, which has caused at least nine of those who fought for us to be executed by the Taliban because the promised safe passage never appeared. His Majesty’s Government told us, even last week, that there would be no concession in respect of those people who had come here because they were frightened for their lives, and were entitled to be frightened for their lives and to find a way of getting here if there was no safe passage.

Why no concession for so long? I am asked this question every day—every day, since we started debating this issue, I am asked by many people, including many Conservative politicians, why there has been no concession: “Why have they not been able to work something out with you? Why the delay?”, they ask me. Either the Government have no confidence in their ability to implement this plan and are seeking in some way to delay it—considering it to be not their responsibility—or they just want the theatre of delay to their flagship Bill, so as to blame Labour, the Lords, the courts and so on. Today, the Government finally bring a concession: having offered and then withdrawn it last week, they refused to put it in the Bill.

I break away now to ask the Minister to re-read the passage of his speech that I call a concession—I know he does not—and to read it a bit more slowly, so that we can understand its implications. If not, if he has a printed a copy, I will read it slowly. I invite him to read it again, please. Will the Minister do that now, as it is important to the rest of my speech?

[Lord Sharpe of Epsom (Con)]

With the leave of the House, I will read it very slowly:

“That means that once this review of ARAP decisions for those with credible links to Afghan specialist units has concluded, the Government will not remove to Rwanda those who have received a positive eligibility decision as a result of this review, where they are already in the UK as of today”.

[Lord Browne of Ladyton (Lab)]

You cannot be removed and deported to Rwanda unless you are here by what the Government call illegal means and what I call irregular means. Those words are important for this reason. The Minister does not believe this to be a concession; it is to him a restatement of what he has been telling us for some time, but in a different form. In my view it is quite clearly a concession, although I guarantee that the media out there are being briefed that it is not, because there can be no concessions on this Bill.

Let me tell noble Lords why it is a concession. At Report on this Bill in your Lordships’ House, on 4 March, as recorded at col. 1420 in Hansard, I asked this question of the Minister:

“Will the Minister answer the question I asked in February when this review was announced”—


meaning the Triples review of eligibility for ARAP—

“will anyone who is eligible but was told they were ineligible—and acted in a way in which a small number of them did in extremis to protect themselves from possible death—be disqualified from being allowed to become eligible on review? Will they be excluded from the requirement of the Illegal Migration Act and this Bill if it becomes law that they must be deported to Rwanda?”

The Minister answered—it was the first time he was in a position to do so:

“As I understand it, they will be deported to Rwanda”.—[Official Report, 4/3/24; cols. 1420-1421.]


Now they will not be. That is a concession in anybody’s language.

It is an extremely important concession, because these are the small number of people who I have said, in every speech I have made in support of my amendment, are the target of my ambition that they will not be deported. Today, the Government finally bring a concession, having offered then withdrawn it, so should I trust them at their word? They left these people behind; they messed up any subsequent evacuation plan. This is a third opportunity competently to do the right thing. Why should I trust them now?

I will tell your Lordships why I am minded to consider doing so, although I have not yet made up my mind. It is because we are now part of a grand coalition, including noble and gallant Lords, many very senior politicians and officials, who have secured this country for years and put their names to this, veterans, campaigners and many voters of all persuasions and traditions across our nations—and we will not be silent until today’s promise is honoured by this Government or the next one.

Finally, what does this ignominious history tell us about the Rwanda policy as a whole? There were no safe routes for those heroes to whom we owe a debt of honour, still less are there safe routes for any other genuine refugees worthy of the promise of the refugee convention—also paid for in courage and strength in an earlier war, so many years ago. While I may not press my Motion this evening, I look forward to the day when a Labour Government repeal this immoral and unlawful excuse for legislation in total.

[Lord Carlile of Berriew (CB)]

My Lords, it is a privilege to follow the noble Lord, Lord Browne of Ladyton. His persistence, his clarity and his determination have, in my view, led to a meaningful concession—and it is a concession—by the Government on a very important issue. To those who say that your Lordships’ House has not behaved legitimately and constitutionally in relation to this Bill, we can at the very least point to the concession that has been made to the noble Lord, Lord Browne, as justification for still being here debating the Bill tonight.

I stand principally to speak in total support of the admirable speech given by my noble friend Lord Anderson in favour of Motion A1. I will return briefly to Motion A1 in a few moments but, before I do, I wish to place on the record something which concerns me very much about the fact that we are debating this matter at all today. I do so with appreciation for the characteristically gracious and considerate words spoken by the Government Chief Whip earlier this afternoon. I was not in the House, because I did not know she was going to say it, but I have been able to watch it on that splendid organ, parliamentlive.tv.

I speak as a religiously confused person, born with 100% Jewish blood but brought up in the Church of England by convert parents. I note that there may well be some Jewish Peers in the House today. Others, I know, are absent on the grounds of conviction and conscience, for today is the first day of the Passover festival—of Pessach, one of the Jewish religion’s most sacred holidays. It is a day when Jewish families gather, sometimes with their friends—I should have been at one such event tonight—around a dinner table to pray, to eat, to sing and to retell the story of the exodus, with the help of a narrative liturgy called the Haggadah. For those who have been to such a Seder, it is a joyful experience and it brings home to one the importance of the first day of Passover. I am told that strong representations were made, not least by the Labour Party, through the usual channels, to avoid the final stages of the safety of Rwanda Bill being heard today. The Jewish community, although it places great importance on the first and second days of Pessach, would have been willing to be here tomorrow or any other day this week. Unfortunately, that was refused.

I have tried hard to think of a legitimate reason for that refusal. If this debate had taken place on Tuesday, Wednesday, Thursday or Friday, or next week, it would not have made any material difference to the Government’s position. Nothing that was said by the Prime Minister, who on 11 November displayed, properly and rightly, his devotion to his own religion in public, has justified choosing today for this debate. I take it as an offence to our ambitions for diversity in this country— sermon over.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Browne of Ladyton Excerpts

Consideration of Commons amendments
Wednesday 17th April 2024 Lords Chamber

I will not be pressing Motion B1 but I urge every noble Lord in this House to support the noble and learned Lord, Lord Hope of Craighead, in his parliamentary sovereignty amendment and my noble friend Lord Browne of Ladyton in the debt of honour amendment this evening.

[Lord Browne of Ladyton (Lab)]

My Lords, it is a great pleasure to follow my noble friend Lady Chakrabarti, and I thank her enormously for her words of support for Amendment 10F. I also thank her for her continued support throughout the time that I have been pressing this amendment in my preparations and other aspects of what I have been doing in your Lordships’ House.

I will speak to Motion D1 and Amendment 10F in lieu. I began my remarks yesterday with a promise not to rehearse the moral case for the amendment. I add to that the promise not to rehearse the compelling long- term strategic security case for it to protect our future credibility as an ally, nor to rehearse in detail the irrationality of the Government’s two principal lines of argument in refusing to accept the principle of exempting a small number of ill-served brave Afghan fighters, who are already here in the UK, from deportation. Rather, as this is the fifth time that I have had to make a speech in your Lordships’ House in support of a variant of this amendment, I refer noble Lords to cols. 906-08 of the Official Report for yesterday—that is for those of you who are not already word-perfect on my speeches on this.

Since yesterday the halls of this Parliament and beyond have echoed to suggestions, and in some cases reassurances, that we who support this amendment could expect a statement of assurance from the Government about the fate of this small body of brave soldiers who fought with our forces in Afghanistan and are in this dilemma, facing compulsory deportation to Rwanda, only because of our Government’s sclerosis and administrative shortcomings and the possible venal dishonesty of some forces that they served with, which have resulted in the wrongful refusal of the ARAP status that they would have been awarded and which would have included visas for them, thus enabling them to escape certain death rather than compelling them to take irregular routes here in the first place. If those assurances had been bankable, our party and I would have engaged with them. A promise of such assurances was supported by credible evidence of high-level exchanges, but that was withdrawn this afternoon. I understand that that is because of a political policy decision at No. 10 that was reflected in a statement by the Prime Minister’s spokesperson. I would read it out to noble Lords but they can read it for themselves.

We are left with the best that the noble Lord, Lord Sharpe, for whom I have great regard, can offer. I will read the assurance from yesterday that he repeated today in his short, interrupted speech:

“I turn to Motion F and Amendment 10D. As we have set out before, the Government recognise the commitment and responsibility that comes with combat veterans, whether our own or those who have shown courage by serving alongside us, and we will not let them down. Once again, I reassure Parliament that, once the UKSF ARAP review has concluded, the Government will consider and revisit how the Illegal Migration Act and removal under existing immigration legislation will apply to those who are determined ARAP eligible as a result of the review, ensuring that they receive the attention that they deserve”.—[Official Report, 16/4/24; col. 901.]


That is what we have, but I do not have any faith in the Government’s attitude to the brave men and women concerned from that assurance. I do not understand what it means. I do not take any assurance from it, given not only the way that these individuals have been treated but the way that your Lordships’ House and my noble friends have been treated over the last 24 hours. I also do not take any reassurance from it because, as a parent, a practising lawyer and a politician, on occasions in my life when I have “ensured that people receive the attention that they deserve”, it has normally resulted in me scolding them, disciplining them or telling them they were wrong and they will have to be punished. It does not seem to give any assurance that there will be any positive result; it sounds more like a threat than anything else.

As I said yesterday, now is the time to give these people the sanctuary that their bravery has earned. This worthless assurance will not do. I therefore feel compelled to test the mood of your Lordships’ House and to send the message to the other place that it is time the Government learned the political consequences of the failure either to give an assurance that is bankable or to accept this amendment. There is little, if any, support in your Lordships’ House for the failure to do so, and there is certainly no majority support in the country for us to treat these brave people this way.

[Lord German (LD)]

My Lords, I do not intend to repeat the arguments that were made yesterday for the two amendments that I understand are going to be pushed to a vote. I shall simply say this about the amendment from the noble and learned Lord, Lord Hope: it provides Parliament and the Government with protection. Parliament, including this House, is provided with protection by the amendment in declaring that Rwanda is a safe country when we do not have the evidence of it being so. The amendment gives us security. Secondly, it provides protection for both present and future Secretaries of State, whose ability to act when Rwanda is perhaps declared as not being safe in the future is constrained by the Bill that we are being asked to pass without amendment. It is therefore essential for both Parliament and the Government to have the protection that this Motion provides.

In respect of the amendment from the noble Lord, Lord Browne, I was hoping to hear from the Government a concrete guarantee that Afghan supporters and allies, who provided such great service to the United Kingdom, would be given the right to live in our country. No such guarantee has been given. Vague words do not stand the test here, and it is essential that this House stands by the resolve it has shown by ensuring that this matter is referred back to the other House to really consider its obligations to those who have served this country.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, I have already spoken to Motion D; I beg to move.

Motion D1 (as an amendment to Motion D)

[Lord Browne of Ladyton]

Moved by

At end insert “, and do propose Amendment 10F in lieu—

10F: After Clause 5, insert the following new Clause—“Exemption for agents, allies and employees of the UK Overseas(1) Notwithstanding the Nationality and Borders Act 2022, the Illegal Migration Act 2023, any earlier Immigration Acts and the other provisions of this Act, the following categories of person may not be removed to the Republic of Rwanda—(a) allies or agents who have supported His Majesty’s armed forces overseas in an exposed or meaningful manner that now affects their claims for protection;(b) persons who have been employed by or indirectly contracted to provide services to the UK Government in an exposed or meaningful manner that now affects their claim for protection;(c) the partners and dependent family members or persons referred to in paragraph (a) or (b) above;(d) persons who were the partners or family members of persons referred to in paragraph (a) or (b) above in a manner that now affects their claim for protection.(2) The exemption in subsection (1) above includes but is not limited to persons eligible for entry to the UK under the Afghan Relocation and Assistance Policy (“ARAP”) and Afghan Citizens Resettlement Scheme (“ACRS”).(3) A person seeking to rely upon the exemption in subsection (1) above shall give the Secretary of State notice within one week of arrival in the UK to allow prompt verification of available records as to allies, agents, employees, contractors and family members. (4) Failure to give reasonable notice as required under subsection (3) above, may in the absence of available records verifying the claimant’s qualification for exemption under this section, allow a court or tribunal to draw adverse inferences as to the credibility of the claimant’s case for exemption.””

[Lord Browne of Ladyton (Lab)]

My Lords, I wish to test the opinion of the House.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Browne of Ladyton Excerpts

Consideration of Commons amendments
Tuesday 16th April 2024 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, since the Minister spoke about Motion E, I should like to respond to the government amendment. I am co-chair of the parliamentary group on modern slavery and a vice-chairman of the Human Trafficking Foundation. The government amendment on modern slavery or human trafficking is entirely inadequate to deal with a group of people who are victims of a crime, suffering very often serious trauma, and without control of their destiny—they arrive here without the choice to be here. They are a specific and completely different group from any other group that your Lordships have been considering. They are then sent to Rwanda or to another country.

This Government, and I praised them at the time, passed a brilliant piece of legislation: the Modern Slavery Act, which is admired across the world. It has been made, if I may say so, almost entirely without any effect by subsequent legislation. For the Government to rely on the Modern Slavery Act as the legislation that is taken account of is laughable. The idea the Government make, that the Modern Slavery Act provides a protection for those victims who are covered by the existing legislation, is equally laughable. I did not table again the amendment that I put at the first ping-pong, but I must say that I deplore the Government’s approach to victims of a heinous crime that is widespread across this country.

[Lord Browne of Ladyton (Lab)]

My Lords, I will speak to Motion F1 and Amendment 10D in lieu. Your Lordships’ House will be pleased to hear that I do not intend to rehearse the moral case for this amendment in any detail. Frankly, if I have not persuaded the House of that on any of the previous occasions that I have spoken to a variant of this amendment, then I will not do so today. Instead, I shall focus briefly on yesterday’s proceedings in the other place and the reasoning of the Minister and others in refusing to accept it in its earlier version, Amendment 10C.

First, I must dispute any suggestion that mine, in any of its versions, is a wrecking amendment. Indeed, I argue that, far from being a wrecking amendment, it is calculated to improve this legislation in a very specific way and, in so doing, to protect our international reputation and our credibility as an ally in future conflicts while leaving the central policy entirely unchallenged—although I do not agree with the central policy or support it.

I take this opportunity to express my thanks to 13 senior military and security figures, many of whom are Members of your Lordships’ House, for their letter in support of Amendment 10C, which was published in the Sunday Telegraph last Sunday. As they said in this letter, without this amendment, the legislation we are considering will

“do grave damage to our ability to recruit local allies in future military operations”.

I will be grateful if, when he responds, the Minister explains why several noble and gallant Members of this House—former Chiefs of the Defence Staff and others with direct senior experience in national security issues—are wrong in that assessment and that his Government are right. If the Government simply feel that our future credibility as an ally is less important than other considerations, perhaps he could just say so openly.

Ours is a revising Chamber; this is what we are here to do. Given that we have already seen objective reality defined by governmental fiat in relation in Rwanda, I am less surprised than I otherwise might have been by the Government’s determination to construe Amendment 10C as in some way disruptive or hostile. It is neither. After all, as I have explained before, it affects only a small number of people who have given service to this country when we have asked it of them. This is a measured, limited and proportionate amendment, calculated to achieve justice for a relatively small number of people who have risked death and injury at our behest and in our interests.

As I have also explained before, in many cases it has been our own bureaucratic sclerosis, administrative shortcomings and wrongful refusal of the status that would have awarded visas to these very people, enabling them to escape certain death, that compelled these brave men to take irregular routes here in the first place. To then use the fact of their irregular arrival—the need for which is a consequence of our own failure—as a justification for their removal to Rwanda is not merely illogical but disgraceful and immoral.

The Government have offered two principal lines of argument in refusing to accept the principle of exempting this group from deportation. First, they have argued that the deterrent value of the Rwanda policy requires absolute consistency: there should be no statutory exemptions from deportation, however deserving. In response to Conservative Back-Bench voices outlining support for the principles underlying my amendment, the Minister for Countering Illegal Migration argued that it was unnecessary, given that the Home Secretary had discretionary powers under Section 4 of the Illegal Migration Act to exempt individuals in certain circumstances.

Justifying the refusal of my amendment by arguing simultaneously that clemency may hypothetically be exercised and that the deterrent effect must be adamantine is completely incoherent. The Government have had more than a year’s notice of this and of the identity of some of the people affected by the amendment. The Times, the Independent, Sky and Lighthouse Reports have all exposed the failures of our approach to the people affected. If the Government wished to offer certainty and comfort to these people, they have had ample time so to do. What faith can we possibly be expected to repose in the Government’s possible future gratitude to these brave men, given the way in which they have been treated to date? Of course, I welcome the relocations and assistance policy review, but why not simply accept the moral case, add this amendment to the Bill and relieve this and any future Home Secretary of the burden of exercising discretionary power by enshrining this exemption into law?

As the noble and learned Baroness, Lady Butler-Sloss, has claimed, the Government’s new amendment on modern slavery reporting is inadequate. It undermines their own contention that this Bill must be passed unamended to preserve its deterrent effect. In making this concession, they have also—albeit tacitly—conceded the value of the scrutiny of this House. I therefore propose both to test the opinion of this House once again and to ask the other place to consider whether it is really in our moral or national interest to expose those brave men who have served with us to further uncertainty. I continue to believe—as all the time I have been advancing this amendment I have believed—that it is now the time to give them the sanctuary their bravery has earned.

[Viscount Stansgate (Lab)]

My Lords, I will make one point in support of Motion F1. I yield to no one in my commitment to the democratic legitimacy of the House of Commons, but this House does have a constitutional role to play and this Bill is an example of it. We have a constitutional right and duty to make amendments to a Bill—even a bad Bill such as this Bill, which was in no manifesto—to try to improve it.

The noble Lord who just introduced his amendment referred to yesterday’s debate, from which I will read one sentence:

“My abiding concern remains for a class of people who served our country, who endured great danger in Afghanistan, who still find themselves in danger in a third country—namely Pakistan—and who may well fall foul of an entirely unintended consequence as a result of this legislation, however well intentioned it may be”.—[Official Report, Commons, 15/4/24; col. 100.]


That was said by the distinguished Conservative Member Sir Robert Buckland. If we vote in support of Motion F1, we can give Members in the other place another opportunity to think again and accept this improving amendment.

--- Later in debate ---

Moved by

[Lord Browne of Ladyton]

At end insert “, and do propose Amendment 10D in lieu—

10D: After Clause 5, insert the following new Clause—
“Exemption for agents, allies and employees of the UK Overseas
(1) Notwithstanding the Nationality and Borders Act 2022, the Illegal Migration Act 2023, any earlier Immigration Acts and the other provisions of this Act, the following categories of person may not be removed to the Republic of Rwanda—
(a) agents or allies who have supported His Majesty’s armed forces overseas in an exposed or meaningful manner that now affects their claim for protection;
(b) persons who have been employed by or indirectly contracted to provide services to the UK Government in an exposed or meaningful manner that now affects their claim for protection;
(c) the partners and dependent family members of persons referred to in paragraph (a) or (b) above;
(d) persons who were the partners or family members of persons referred to in paragraph (a) or (b) above in a manner that now affects their claim for protection.
(2) The exemption in subsection (1) above includes but is not limited to persons eligible for entry to the UK under the Afghan Relocations and Assistance Policy (“ARAP”) and Afghan Citizens Resettlement Scheme (“ACRS”).
(3) A person seeking to rely upon the exemption in subsection (1) above shall give the Secretary of State notice as soon as reasonably practicable to allow prompt verification of available records as to allies, agents, employees, contractors and family members.
(4) Failure to give reasonable notice as required under subsection (3) above, may in the absence of available records verifying the claimant’s qualification for exemption under this section, allow a court or tribunal to draw adverse inferences as to the credibility of the claimant’s case for exemption.””

[Lord Browne of Ladyton (Lab)]

I beg to move Motion F1.

Asylum Seekers: Rwanda

Lord Browne of Ladyton Excerpts

Thursday 21st March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I have discussed that many times from the Dispatch Box. The fact is that we take refugees from many countries, some of which are safe.

[Lord Browne of Ladyton (Lab)]

My Lords, if I understood the Minister earlier, did he mean to tell the House that this arrangement with Rwanda—for people to go there with £3,000—is not covered by the UK-Rwanda asylum partnership agreement, and that there is another agreement of some description with Rwanda, the details of which have not been shared with Parliament? When will Parliament see that agreement?

[Lord Sharpe of Epsom (Con)]

My Lords, as I said earlier, this is separate from the Bill and the treaty. I cannot answer the question, as I do not know when Parliament will see the agreement.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Browne of Ladyton Excerpts

Consideration of Commons amendments
Wednesday 20th March 2024 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I will speak to Motion G1. I declare an interest as co-chair of the parliamentary group on modern slavery and vice-chair of the Human Trafficking Foundation.

It is compassion that leads me to insist on the amendment that I put down on Report and bring back again now. We are talking about a group of people who are wholly different from any other group about which the Minister and others have spoken. They do not come here voluntarily, in the normal sense; they are brought here. Some of them are compelled to be here. They may think that they will not be victims, but that is why they are on a boat or in the back of a lorry. This group has no choice. It is not an issue of incentive—which the Minister speaks about—and how on earth can it be an issue of deterrence, since they are not in control?

In the past, the Government have offered evidence that the system of the national referral mechanism is subject to abuse. So far, I think that we have heard of only two cases of abuse out of the thousands of people who have gone through the national referral mechanism. The proposed arrangements in the Illegal Migration Act and the Nationality and Borders Act are absolutely inadequate. How on earth is it fair that someone in this group of people, many of whom will have gone through the traumatic experience of already being a victim, should be re-victimised by being sent to Rwanda? I ask the Members of this House to look at this most disadvantaged and vulnerable group of people, who are compelled to this country, and support my Motion.

[Lord Browne of Ladyton (Lab)]

My Lords, I will speak to Motion H1 and Amendment 10B in lieu. Having done so previously, I do not intend to rehearse the moral imperatives that underpin this amendment. In responding to the Minister, I will focus on the chasm that yawns between what the Minister in the other place said about what the Government might do post the current reviews of ARAP decisions of ineligibility and their unwillingness to accept this amendment that accomplishes their stated goal: to meet the debt of honour we owe to those who risked their lives in assisting the UK forces.

We are, once again, in a position where we are asked to deny the fruits of our reason and accept that black is white. First, we are asked to accept that, simply by legislative assertion, the Government can turn Rwanda into a safe country for all time, regardless of the facts. Secondly, having followed the somewhat convoluted logic-chopping of the Minister in the other place, we are told that men who braved death, courted injury and are forced into exile as a result of assisting our Armed Forces in fighting the Taliban are to be punished for arriving here by irregular routes—even where, owing to wrongful refusals on our part or possible malfeasance on the part of the Special Forces, they have been compelled to take these routes in the first place.

I will point out the inconsistencies in the reasoning of the Minister for Countering Illegal Migration, when he addressed the predecessor of my Amendment 10B on Monday. In outlining why he wished to refuse it, he said:

“Anyone who arrives here illegally should not be able to make the United Kingdom their home and eventually settle here. A person who chooses to come here illegally, particularly if they have a safe and legal route available to them, should be liable for removal to a safe country”.


What do the words “chooses” and “particularly” mean in that statement, when you are fleeing for your life, having endangered it because of service to this country, and then having been wrongly refused a relocation visa? What sort of choices are available? “Particularly” tacitly concedes the existence of such scenarios in which safe and legal routes are not available and have been wrongly closed off, but the statement determines that we will punish the victims of our own incompetence regardless.

There are two classes of person to whom this amendment applies. First, there are those in Afghanistan and Pakistan whom we are told are awaiting review of their previously determined applications. They should be determined as eligible and granted a visa, and will have no reason to take an irregular route. Secondly, and more importantly, a much smaller number whom this amendment seeks to protect are already here. These people, far from being deterred by this Government’s action, were compelled by it to seek irregular routes or face certain death or torture.

For the last year, the Independent, Lighthouse Reports and Sky have been exposing cases where, owing to the Home Office’s bureaucratic sclerosis and errors—in fact, I think that it is mostly the MoD’s sclerosis and errors—and alleged interference on the part of the Special Forces, Afghans who served either in the Triples or otherwise alongside our Armed Forces were wrongfully denied the ability to relocate and were forced to arrive here by other means. In Monday’s debate in the other place, the Minister for Countering Illegal Migration suggested—not promised—that regulations may be made under Section 4 of the Illegal Migration Act to ensure that these

“people receive the attention that they deserve”.—[Official Report, Commons, 18/3/24; cols. 667-68.]

If that is the intention, what has stopped the promulgation of these regulations before now? The Government have known for at least a year that these people existed and have been on notice for a year that the promulgation of these regulations would be necessary to accompany the Bill, if they had intended to use them to solve this problem.

Effectively, these people are being asked to trust the Ministry of Defence, the Home Office and, more broadly, the British Government—the same bodies that wrongfully refused their relocation visas in the first place, failed to protect them and have, in many cases, repeatedly threatened them with deportation to Rwanda. The idea that they would now repose their faith in the Home Office is absurd. In this context, trust is a currency whose value is now completely debased. Rather than wait for these regulations, why not, as the former Lord Chancellor, Sir Robert Buckland, suggested in Monday’s proceedings, simply accept this amendment, which precludes the need for their development?

Which offence do we believe to be more egregious? That of fleeing to a country that asked you to serve alongside its troops via an illegal route, having already been let down by that country’s administrative incompetence? Or having the power and means to pay a debt of honour to those we have exhorted to serve alongside us in our interests but refusing so to do? I believe the latter is shaming, and it is why I will be seeking, in moving my revised amendment, to test the opinion of this House and have the other place examine it, and the consciences of its Members, again.

[Baroness Coussins (CB)]

My Lords, I support all the amendments in this group, but I would like to underline how important it is to support Amendment H1 in the name of the noble Lord, Lord Browne of Ladyton. I remind noble Lords of the critical difference it would make, by applying an exemption to those who have been employed indirectly in support of the UK Government in Afghanistan, as well as those employed directly.

To illustrate, very briefly, how this makes a difference, I can tell noble Lords that, for the past few weeks, I have been in correspondence with a former Afghan interpreter who was employed by an international agency that had a contract to provide interpreting and translation services to DfID, other government departments and the Armed Forces. His application under ARAP for relocation to the UK was rejected, as was his appeal. My understanding is that this was because he was employed not directly by HMG but through a third party—the agency. In his words:

“I endangered my life and future working for the UK Government in Afghanistan. Everyone in Afghanistan knew I worked for the UK Government. Being rejected by ARAP is an insult to my faithful services to the UK Government”.


This individual has already faced so many threats in Afghanistan that he has fled to a third country, where sadly he still lives in hiding and in fear. Having had his ARAP appeal rejected, he has told me that his situation is now so urgent and unsafe that he feels he has no alternative but

“to take the dangerous route to the UK by land, and if I get killed on my way to the UK it will be better than the problems I am faced with right now”.

If he manages to get here in one piece, despite having no alternative but to come via an unofficial route, he really does not deserve to have his loyalty to the UK rewarded by being sent to Rwanda. This amendment would protect him and, potentially, others like him. I implore noble Lords on all sides of the House to support this amendment, which would acknowledge his faithful service and his willingness to risk his life for us in Afghanistan, by doing what morally is just the right thing to do.

--- Later in debate ---

Moved by

[Lord Browne of Ladyton]

At end insert “, and do propose Amendment 10B in lieu—

10B: After Clause 5, insert the following new Clause—
“Exemption for agents, allies and employees of the UK Overseas
(1) Notwithstanding the Nationality and Borders Act 2022, the Illegal Migration Act 2023, any earlier Immigration Acts and the other provisions of this Act, the following categories of person may not be removed to the Republic of Rwanda—
(a) agents or allies who have supported His Majesty’s armed forces overseas in an exposed or meaningful manner that now affects their claim for protection;
(b) persons who have been employed by or indirectly contracted to provide services to the UK Government in an exposed or meaningful manner that now affects their claim for protection;
(c) the partners and dependent family members of persons referred to in (a) or (b) above;
(d) persons who were the partners or family members of persons referred to in (a) or (b) above in a manner that now affects their claim for protection.
(2) The exemption in (1) above includes but is not limited to persons eligible for entry to the UK under the Afghan Relocations and Assistance Policy (“ARAP”) and Afghan Citizens Resettlement Scheme (“ACRS”).
(3) A person seeking to rely upon the exemption in (1) above must give the Secretary of State notice as soon as reasonably practicable to allow prompt verification of available records as to allies, agents, employees, contractors and family members.””

[Lord Browne of Ladyton (Lab)]

My Lords, I beg to move Motion H1, and I wish to test the opinion of the House.

Former Independent Chief Inspector of Borders and Immigration: Reports

Lord Browne of Ladyton Excerpts

Wednesday 6th March 2024 Lords Chamber

Asked by

[Lord Browne of Ladyton]

To ask His Majesty’s Government what assessment they have made of the release on 29 February of 13 reports produced by the former Independent Chief Inspector of Borders and Immigration, and their findings in particular with regard to the conduct of staff responsible for unaccompanied refugee children in Kent.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, last Thursday we published 13 reports that were outside the normal eight-week commitment to review and respond. We also published the Government’s responses. We take the ICIBI reports seriously and do not wait until their publication to act on their recommendations. We have already implemented several of those recommendations. As regards the incident at the hotel, there was an immediate investigation and the support worker in question was removed.

--- Later in debate ---

[Lord Browne of Ladyton (Lab)]

My Lords, the reports are damning, documenting the disappearance of 467 asylum- seeking children and Home Office employees asking lonely unaccompanied children to play a cruel guessing game as to which of them will receive foster care; and revealing systemic failures at the border and in the asylum decision-making process. It beggars belief that David Neal was not sacked for revealing these truths, or that his 13 reports were not released en bloc to minimise security. Who ultimately is responsible for the culture of defensiveness in the Home Office, which Neal suggested had allowed these failures over time to go unchecked? If the Minister disputes this characterisation, can he inform your Lordships’ House in what respect the comprehensive evidence provided in the reports that support his assertion is mistaken?

[Lord Sharpe of Epsom (Con)]

I am afraid I do dispute that characterisation. David Neal had his appointment terminated after he broke the terms of his contract and lost the confidence of the Home Secretary, because he released sensitive and misleading information from unpublished reports, well within the time commitment for publication. The Home Office had therefore not had time to fact-check and redact inappropriate material. I will give an example of the fact-checking required in some cases: the asylum casework report contained 67 factual inaccuracies, the vast majority of which were indeed accepted by the ICIBI. It is important to mention that a new inspector will be appointed following a full and proper process.

As regards the situation in the hotel, as I said, on both occasions of the inspection, the ICIBI found that children accommodated temporarily at the hotels reported that they felt happy and safe and spoke well of the staff caring for them. But, once we learned about the incident from the chief inspector, there was an immediate investigation and the support worker in question was removed and did not return.