Illegal Migration Bill

Debate between Lord Carlile of Berriew and Baroness Ludford

Committee stage
Wednesday 14th June 2023 Lords Chamber

[Baroness Ludford (LD)]

My Lords, I wish to speak to my Amendment 129 on refugee family reunion. I am grateful for the support of my noble friend Lord Paddick, the noble Lord, Lord Kerr of Kinlochard, and the noble Baroness, Lady Bennett of Manor Castle.

Refugee family reunion does exist as a safe and legal route but it needs to be expanded. I was proud to steer a Private Member’s Bill on that subject; it passed through this House and is currently in the other place. I picked up the baton from my noble friend Lady Hamwee, who has worked on this issue for many years.

The problem at the moment is not only that the safe routes available to refugees are extremely limited; last year, refugee settlement provided in collaboration with the UNHCR decreased by 39% and the issuing of refugee family reunion visas decreased by nearly a quarter—the right reverend Prelate the Bishop of Durham referred to this. In the year ending March 2022, 6,000 family reunion visas were issued. In the year ending March 2023, there were only 4,600—a reduction of 23%. The Bill misses an opportunity for the UK to curb the number of irregular arrivals by creating more routes to safety and—I would like it to fulfil this opportunity—to allow more family members to join those who have reached safety in this country, including by letting separated refugee children be joined by their closest family members.

Last year, the Nationality and Borders Act restricted access to family reunion for refugees arriving in the UK irregularly. Of course, it has failed to replace the Dublin regulations since we left the EU. The noble Lord, Lord Hannay, referred to the hole that exists for international co-operation; we might refer to that later today. Although those restrictions from last year’s Act are beginning to take effect only now, preliminary research from Refugee Legal Support has already found evidence of children who would previously have been eligible for reunification being stranded in Europe and crossing the channel dangerously.

Australia provides an example of the longer-term impact of this sort of restriction. In 2014, Australia reintroduced temporary protection visas—which do not confer family reunion rights—and has seen an increase in the number of women and children arriving via dangerous journeys. We should remember that 90% of those arriving on family reunion visas in this country are women and children. I am sure I do not need to convince noble Lords of the importance of family reunion for refugees’ integration into their new communities. Surely that should be our aim. If we have allowed people the legal right to settle here, and in some cases be on a path to citizenship, surely we should want to do anything that fosters integration and the physical, emotional and psychological adjustment of people.

Refugees separated from their families can, understandably, experience serious mental health difficulties, compounding the trauma that they have already experienced. This means that they are less able to focus on activities which are essential to integration, such as learning English, building new relationships in the community, and working, which is another topic that we will talk about today. In the other place, the Conservative MP Tim Loughton tabled a new clause seeking to expand eligibility for refugee family reunion, and I applaud him for that. It did not get pushed to a vote.

The problem is that current family reunion entitlements are too restrictive. I have mentioned that refugee children are not allowed to sponsor family members within the Immigration Rules, and we have also had the creation of those bespoke pathways, such as the Afghan route, which do not confer protection status, meaning that some resettled people in the UK have no eligibility for refugee family reunion because they do not have the necessary status to sponsor family. All those with protection needs must have access to refugee family reunion. This pathway should be expanded to allow children to sponsor their parents and siblings and adult refugees to sponsor parents who are dependent on them.

We referred on Monday to the Immigration Minister, Robert Jenrick, announcing on 8 June that the differentiation policy, which under last year’s Act decides whether someone is a group 1 or group 2 refugee, would be paused, and that those previously given group 2 status would have their entitlements increased. However, the announcement says only that the policy will be paused. The power to differentiate will still be on the statute book. Can the Minister explain exactly where that leaves us, and the Government’s intention on how to go forward on this? Will they bring forward an amendment to the Nationality and Borders Act to delete group 2 refugees?

This Bill does not deal directly with refugee family reunion, and my amendment is designed to fill that hole. However, the Bill would dramatically reduce the number of people eligible for this route, as we have discussed, because it makes asylum applications from people who travel irregularly permanently inadmissible. They would never be granted protection status and would therefore never be able to sponsor family members. I propose expanding the Immigration Rules to allow refugee children to sponsor parents and siblings, refugees to sponsor their dependent parents, and Afghans settled via pathways 1 and 3 of the ACRS to be able to act as sponsors for the purposes of refugee family reunion.

I am afraid to say that research from the Refugee Council and Oxfam has found evidence of refugees turning to smugglers after realising that there were no legal routes available to bring their loved ones to join them. A lack of access to family reunification does appear to be a key driver of dangerous journeys. As many as half of those seeking to cross the channel from northern France have family links to the UK.

Finally, our Justice and Home Affairs Committee, chaired by my noble friend Lady Hamwee, published a report in February called All Families Matter: An Inquiry into Family Migration. One of its recommendations was:

“The Government should harmonise which relatives are, or are not, eligible for entry and stay across”


various

“immigration pathways and the Government should be transparent about the reasons for any differences”,

because there is variation in the definition of a family.

I am afraid that the Government’s response had me rather puzzled; it appears to be a bit circular. They say:

“We do not think it is … right … to fully harmonise the conditions … There are clear differences between immigration routes relating to family members. Given the broad and diverse offer for family members across the immigration system, it is right that requirements vary according to the nature and purpose of their stay in the UK”.


I felt that that was a bit circular or tautological—I am not sure which is the right description. They say that, because it varies at the moment, it is right that we carry on with the variations. I do not think that any reasons or explanation were given; it was just stating why we go all round the houses.

I urge support for Amendment 129 and suggest that it is an extremely valuable part of the provisions on safe and legal routes; it is a subset, if you like, of everything we are debating this morning. The problem is that the current provisions are far from being sensibly expanded to the benefit of the families—the settled refugees and their families—and our society as a whole. One thing that we often hear from the Conservative Party is that it is party of the family. Many of us would dispute that; but if it is, it should support not only the maintenance but the expansion of refugee family reunion, which is currently going in the wrong direction.

[Lord Carlile of Berriew (CB)]

My Lords, I have added my name to Amendments 130 and 131, but I speak in support of all the amendments in this group.

There have been some very good and persuasive speeches, but I refer particularly—and I am sure that others will understand why—to the speech made by the noble Lord, Lord Kirkhope. Why? For more than one reason. First, the noble Lord was the Immigration Minister at a time of particular attrition in Bosnia, as he referred to, and he has a great deal of knowledge on that matter. Secondly, he has had the courage to make his speech from the Conservative Back Benches in your Lordships’ House, and I particularly look forward to the Minister dealing, line by line as it were, with every point made by the noble Lord.

Thirdly, my belief is that, somehow or other, the Bill is a visceral part of the attempt to win votes beyond the red wall. However, the Government only have to look at the noble Lord’s history to find somebody who has within his blood and bones the red wall: he cut his teeth in the north-east of England; he represented part of another great city in the north-east of England; and he represented his party in Europe, on behalf of areas beyond the red wall. So, if the Government are listening to those whom they are aspiring to gain votes from, perhaps he, above all, is the person they should be listening to at the moment. I hope he will forgive me, because praise from me may not be altogether familiar or welcome.

I hope that everybody in this House wants to stop the boats. My question is: do we want to stop the boats by means within international law and treaties, or by means that are in breach of those international laws and treaties that we have signed? As I pointed out in a debate I think the day before yesterday—although it might just have been early yesterday—the Home Office website, at least when I was speaking very early yesterday morning, still had on its immigration pages inferences that we have to obey international law on immigration and asylum.

Illegal Migration Bill

Debate between Lord Carlile of Berriew and Baroness Ludford

Committee stage
Monday 12th June 2023 Lords Chamber

[Baroness Ludford (LD)]

My Lords, I can be relatively brief. I thank the noble Baroness, Lady Chakrabarti, for introducing her amendments so powerfully and with such knowledge. I agree with her that there is a curious disparity between Clauses 52 and 53, and my proposition is that they should be swept away and should not stand part of the Bill. As she said, the Home Office getting its act together and making decent decisions in the first place would be how to reduce the workload and what the Government seem to think is the overreach of the courts—I do not agree that it is overreach. If you get things right first time, you would not need to keep attacking the courts.

Clause 52 is a straightforward ban on domestic courts granting interim remedies to stop the removal of a person from the UK. We are familiar with this “courts are enemies of the people” stuff. The interim remedies are valuable because they allow the courts to maintain the status quo while a claim is considered. When the harm in question is a violation of human rights, the ability to freeze the situation is valuable. Denying the courts the ability to use interim remedies when justice demands it undermines the guarantees of Articles 2 and 3 of the ECHR. Clause 52 should be removed, and I am glad to say that the JCHR agrees.

Clause 53 is a different animal altogether. It is really rather peculiar, and it takes a strange and circuitous route to block interim measures from Strasbourg, by giving a Minister discretion to decide whether or not to disapply the duty on the Home Secretary to remove the person. Given the negotiations under way over the procedure for deciding interim measures, as reported in the press and alluded to by the noble Baroness, Lady Chakrabarti, this clause appears to be more politics than law. It is strange, given that the Prime Minister was recently in Reykjavik, at the summit of the Council of Europe—and given that the JCHR’s recent report says:

“We welcome the Prime Minister’s recent reaffirmation of his ‘deep and abiding’ commitment to the ECHR”


and the European Court of Human Rights, made at that very recent summit.

Then, the Government propose in Clause 53 to give Ministers permission to act in direct violation of the UK’s obligations under the ECHR. Talk about right hand and left hand: it is not only incoherent but provocative. That does not seem wise, if the aim is open and good-faith negotiation on possible procedural reform. It is very reminiscent of the way the Government went about dealing—or rather, not dealing—with Brussels over the Brexit negotiations: always aiming to antagonise, then turning around and saying that they are punishing us.

Clause 53 is irresponsible and it is not going to progress any negotiations, in so far as they are necessary, and given the small number of interim measures issued by the Strasbourg court, it seems to be taking a sledgehammer to crack a nut. Not only is Clause 53 likely to hinder discussions on procedural reform, if that is necessary; it makes broader conflict with the European Court of Human Rights all but inevitable. If there is dissatisfaction with the procedures in Strasbourg, the solution is to pursue reform at the European level—and there have been many instances of discussions in the Council of Europe about the processes of the convention and the court. It is not even saying, “We will never obey interim measures”; it gives the Minister the discretion to refuse to comply with our obligations by obeying interim measures. Surely, the UK’s interests are better served by remaining, in the Foreign Secretary’s words, a “serious player” on the world stage, rather than undermining its own influence in this way. I therefore believe that Clauses 52 and 53 should not stand part of the Bill.

[Lord Carlile of Berriew (CB)]

I want to make a brief contribution on Clause 53. We cannot ask the Minister to comment on the impact assessment, because it is yet to be born, but we have the advantage of the report of the Joint Committee on Human Rights, referred to by the noble Baroness, Lady Ludford. At paragraph 12, on page 121 of that report, in its recommendations and conclusions, it says that

“clause 53 gives Ministers legislative permission to act in direct violation of the UK obligations under the ECHR. Where a Minister chooses to ignore an interim measure and therefore breach Article 34 of the ECHR, clause 53 also prevents the courts from having regard to interim measures when considering proceedings under this Bill. This clause therefore permits deliberate breaches of our obligation to comply with interim measures of the ECtHR. Clause 53 must be removed from the Bill”.

That is the conclusion of an all-party Joint Committee of both Houses of this Parliament, and I trust that, in his response to the debate, the Minister will respond and give us his reasons for not accepting that carefully considered conclusion of the committee in one of the largest reports it has ever produced—and in the time when they could have produced 20 impact assessments.