Illegal Migration Bill

Debate between Lord Cashman and Lord Coaker

Report stage
Wednesday 28th June 2023 Lords Chamber

[Lord Cashman (Lab)]

My Lords, I speak in support of the amendments in this group, particularly the amendment to which I have added my name and which the noble and learned Lord, Lord Etherton, so eloquently expounded, as did the noble and learned Baroness, Lady Butler-Sloss. We have of course addressed, and will continue to address, vulnerable people in all the categories affected by the Bill. We have done so consistently—for example, for pregnant women and vulnerable children, as we have done today, and for others. When it comes to protecting the vulnerable, that is arguably how a country is judged, so we make no omission when dealing with Schedule 1.

As was said earlier—I will be brief—there are 63 countries that currently criminalise people merely because of their sexual orientation or gender identity. In a country such as Uganda, for example, for you to know that somebody is in a SOGI minority, as the UN refers to it, and not to report it to the authorities is to face two years in prison. If in Uganda you rent a home to a homosexual person, you can face up to 20 years in prison. Some 63 countries criminalise; now seven have the death penalty. The reality of state discrimination, as has been said, is death, mutilation, persecution, blackmail and coercive rape. I remember David Kato, the Ugandan activist murdered some nine or 10 years ago; his murderer has still not been brought to justice. Lives are being denied, blighted and criminalised.

We raise this issue because within Schedule 1 the majority of those countries that criminalise and offer the death penalty are on the list and there are currently no protections. We have sought reassurances throughout—at Second Reading, in Committee and now—but reassurances there have come none.

Let me finish with the words of a young Ugandan, Arthur Kayima, who said this, yesterday, here in Parliament:

“Without a Mother I grew up as a very vulnerable child and as if that was not enough, as a child, signs of not being straight were just too visible”.


Growing up in a country like Uganda, he said, being considered gay is to be considered evil—

“a curse, an abomination and a dangerously unforgiven sin”.

He continued that the President of Uganda, Museveni,

“signed into law the world’s harshest anti-LGBT+ law, which allows the death penalty for homosexual acts, long serving in prison for promoting homosexuality or renting a room to a gay couple (20 years in prison)”.

Without any reassurances, Uganda is on the list in Schedule 1.

That is the reality of being in a country with homophobic laws: those words, spoken by a man seeking asylum in the United Kingdom. No LGBT person should be sent to such a country, and that is one of the many reasons why I support Amendment 37, in the name of the noble and learned Lord, Lord Etherton.

[Lord Coaker (Lab)]

My Lords, I will briefly remind the House why this set of amendments is extremely important. I particularly support Amendment 37.

The thing to remember—I remind us all—is that the Bill automatically detains everybody who arrives irregularly. All those who arrive irregularly and are detained will then, at some point, as far as the Government are concerned—although this is unclear—be deported. There will be thousands upon thousands of people detained and then deported.

The amendments are extremely important, therefore, because if we are saying that thousands upon thousands of people are to be automatically detained and then deported, is there not a responsibility to ensure that the places where those people are to be deported to are safe? This puts an increased burden upon us to ensure that that is the case. As it stands, the Government will reply by saying that Clause 5(5) refers to “exceptional circumstances”, and that therefore there is no need for the worries and concerns expressed by a number of noble Lords, including the noble and learned Baroness, Lady Butler-Sloss, because if anybody faced deportation to a country which was not safe, the exceptional circumstances would protect them.

Armed Forces Bill

Debate between Lord Cashman and Lord Coaker

Committee stage
Tuesday 2nd November 2021 Grand Committee

[Lord Coaker (Lab)]

I would say that my noble friend laid the ground for it.

My serious point is that it has left a situation in which thousands upon thousands of ex-service men and women were dishonourably discharged, or quite outrageously forced from the service, simply because of their sexuality. It is simply unbelievable given the standards we have now and simply unacceptable that it happened. The practical impact of that discrimination —loss of pension, loss of livelihood et cetera—let alone the mental health damage and the stigma attached to it, was simply unacceptable and unbelievable. I want to draw attention to that. I would be interested to know from the Minister what the Ministry of Defence’s estimate—the Government’s view—is of the number of people impacted by this. I have seen estimates in the press of up to 20,000 people. I do not know whether that is correct; maybe noble Lords have better information than me, but it will be interesting to know what the actual figure is.

We have heard the Government say that there will be a restoration of medals. That seems good, but its progress has been slow. What will the Government do more of to try to accelerate that progress? There is clearly a need for further compensation, for pensions to be reformed and all those sorts of things. The Minister must now consider the restoration of ranks, pensions and other forms of compensation to honour appropriately those who have served our country with courage and distinction. That is what Amendment 50 seeks to do. Fighting With Pride gave compelling evidence to the Select Committee on the Bill about the damage that the ban on homosexuality has done to LGBT+ veterans. What steps will the Minister take to proactively identify those who were discriminated against? What discussions has she had regarding further forms of compensation for those affected?

I was grateful that the Minister in the other place said so clearly that

“the historical ban on homosexuality in the armed forces was absolutely wrong and there was horrific injustice as a consequence of it.”

I could not have put it better. It is absolutely shameful for our country. How do we go about fixing this injustice? That is what we all want to do. The Minister said that the Government would resist a similar amendment as it would

“complicate our efforts to address at pace this injustice.”

I do not understand what was meant by “complicate”. Surely the amendment would give a clear direction and encourage action. The Minister then said that fixing this injustice

“is at the heart of our veterans’ strategy”.—[Official Report, Commons, 23/6/21; col. 929.]

When will we get to see this strategy and will the idea of compensation be included?

When giving evidence to the Bill’s Select Committee, Craig Jones from Fighting With Pride said:

“When people were found or suspected”,


of homosexuality,

“they were arrested, often late at night, by the Royal Military Police. They were taken away for questioning, and that questioning … went on for days. Many of the people who were questioned had no legal support, or no ‘accused’s friends’, as we sometimes call that in the Armed Forces. They were searched, and the process went on for a very long time. After they had been charged, many were taken to military hospitals for medical inspections, which were a disgraceful breach of trust between members of the Armed Forces and the officers whom they were in the care of.”

I could not agree more with the Bill’s Select Committee’s report, which stated:

“Diversity is a source of strength for the Armed Forces and all should welcome and encourage a more diverse Armed Forces.”


Surely part of that is righting this historic wrong.

I was moved by an article that I hope noble Lords saw in the Mirror a few weeks ago. It outlined some of the case studies of some former veterans, forced to leave the Armed Forces after some years of service. It was heartbreaking and unbelievable. It brings tears to your eyes when you read it. We were all shocked by it, but what we want is speedy action from the Government.

I will mention one positive sign: is it not great that finally in our country, on Remembrance Sunday this year, Fighting With Pride will be able to lay a wreath at the Cenotaph? That is a symbol of the change that we all want and the action that needs to be taken, but it needs to take place sooner rather than later. I press the Minister not only to share our shame and sense of outrage at this injustice but to explain to the Committee what we will do about it to end it more quickly than we seem to be at the moment.

[Lord Cashman (Non-Afl)]

My Lords, I support Amendment 50, and I will also speak to Amendments 57 and 58. It is a real privilege to follow the noble Lord, Lord Coaker, and his opening statement in support of his amendment to remind us of the harm and damage done to armed service personnel who wanted nothing other than to serve their country. Because of their homosexuality—not necessarily their conduct—they were forced out of the armed services, and they have had to live with the consequences. Some still do, in terms of the employment that they are prevented from getting.

I was not able to be in my place to speak at Second Reading, but I take this opportunity to say that I am particularly grateful for the collaboration that has brought about Clause 18, on

“Posthumous pardons in relation to certain abolished service offences”.


I place on record my gratitude to the noble Baroness, Lady Goldie, her entire Bill team and Professor Paul Johnson. I also wish to record my immense admiration for my noble friend Lord Lexden—my dear friend. I commend his contribution on the Bill, and Clause 18 in particular, at Second Reading. He and I have benefited from the wisdom, fortitude and knowledge of Professor Paul Johnson of the University of York, whose work with officials has produced some extremely fine drafting—he is the expert in this field. Professor Johnson, my noble friend Lord Lexden and I have worked together for five years on the issues of pardons and disregards that are before noble Lords today, and I hope—indeed, I believe—that we are about to see the fruits of our endeavours.

Indeed, when I was preparing these notes, I reflected on the day in 1991, 30 years ago, when I joined Lisa Power, a member of Stonewall, and Robert Ely to give evidence to the Armed Forces Select Committee to call for the ending of the ban on homosexuals serving in the military that the noble Lord, Lord Coaker, referred to. Robert Ely, along with Elaine Chambers, both former armed services personnel, joined others and formed a group called Rank Outsiders to make the case for ending the ban and the harm done by it. Robert and Elaine showed immense courage, and I pay tribute to them and the founders and members of Fighting With Pride. I also thank Stonewall for its tireless campaigning, carried out across the decades, in putting the case for and promoting equality and equal treatment. I am proud to be one of its cofounders.

As I said, I fully support Amendment 50, which deals with the consequences of the injustices. I associate myself with the comments and concerns expressed by the noble Lord, Lord Coaker. As he rightly reminded us, one could be dismissed from the armed services merely because of homosexuality, and there were some appalling cases and investigations that followed.

I now focus on Amendments 57 and 58, tabled in my name and that of my noble friend Lord Lexden, which would insert two new clauses into the Bill. Their purpose is to expand the current disregard and pardon schemes, which provide a means of redress to those previously convicted under now-repealed—I repeat: repealed—offences for engaging in same-sex sexual conduct that today would be entirely lawful.

Current schemes do not encompass the wide number of service discipline offences that were once used to regulate Armed Forces personnel who engaged in consensual same-sex relationships. For example, the Army Act 1955 alone contained at least three separate offences—disgraceful conduct, scandalous conduct of an officer and conduct to prejudice of military discipline—that could be used to regulate the same-sex sexual conduct that would be lawful today. These offences, along with other civil offences, need to be included in the disregard and pardon schemes to provide those so cruelly treated by now-repealed laws with the justice they deserve, as my noble friend Lord Lexden explained at Second Reading. Great injustice would remain if action were not taken in the way that he and I have proposed.