Asylum Seekers: Channel Crossings

Lord Coaker Excerpts

Thursday 7th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Of asylum claims made in the 12-month period ending June 2023, 46% were made by those who were entering illegally via a small boat. The remainder were made up of other types of illegal entry—for example, in a lorry, or those who have come to Britain by a lawful route with their tourist, work or study visa and then claimed asylum when they were here, or overstayed a visa when they were here legally. I hope that explains to my noble friend how that figure was arrived at.

[Lord Coaker (Lab)]

My Lords, further to previous questions from my noble friend Lord Blunkett and the noble Lord, Lord Howard, the Minister has spoken of doing more to disrupt the actual supply of small boats, which are often flimsy and extremely dangerous. The Minister facilitated a visit for me to see this first hand, which I was very grateful for. Last night, he said that the Home Office is speaking with the French about what to do about this, because it is a real problem. On a practical level, why is it that we cannot do more to disrupt the supply of these small boats, which are not manufactured in France? Can the Minister update the House on what is happening with that?

[Lord Murray of Blidworth (Con)]

I agree with much of what the noble Lord says. Clearly, disruption upstream of the criminal gangs is really important. Minister Jenrick visited Turkey in the last few weeks and the Turks have agreed, with the UK Government, to facilitate work to disrupt the criminal gangs. I understand that a lot of the boats are made in Turkey and a lot of the parts come through there, so that will be a vital part of the battle against the gangs. My right honourable friend the Minister for Security visited Iraq with the same objective. This is an important part of the strategy in fighting the upstream element of the gangs. Working with the French is something that is ongoing, and is one of the benefits of the agreement that the Prime Minister made earlier in the year. I am very grateful for the question.

Illegal Migration Update

Lord Coaker Excerpts

Wednesday 6th September 2023 Lords Chamber

[Lord Coaker (Lab)]

My Lords, even as we discuss yesterday’s illegal migrants Bill update, new information emerges which requires the update to be updated, as we read in today’s papers of various claims and counter- claims. First, can the Minister explain to us where the Home Office will find the additional £2 billion a year, because it will no longer be allowed to use the foreign aid budget to pay for migrants in hotels? This is a result of the illegal migrants Act. Is this report from the Independent Commission for Aid Impact accurate? Why has it never been mentioned? Did the Minister know about it, because when he was asked about it earlier by another noble Lord, he did not know anything about it. So can he update us on whether this should have been mentioned, or whether the reports of that additional £2 billion are wrong?

This Saturday we saw the year’s record numbers for a day, with 870 people crossing the channel. So far this year, 21,000 people have crossed the channel in small boats. Can the Minister tell us how many of those were children and what the estimate is of the numbers waiting in France for the opportunity? If the weather improves, does the Minister expect that that number will continue to grow?

As we watch the Government move from crisis to crisis on migration, can the Government update us on plans to house migrants? Is it the case that the Army base in the Prime Minister’s constituency is still to be used, and not dropped, as a possible option, as Sir Edward Leigh MP said yesterday in the other place? When will the “Bibby Stockholm” barge be fully utilised? Has all the legionella in the water supply now been dealt with? What happened with “Bibby Stockholm”, and when did Ministers become aware of the problems? What plans does the Home Office have for more barges or, as I read in the papers over the Summer Recess, for marquees?

The Prime Minister keeps declaring victory in respect of small boats, yet the “small boats week” designed to highlight success was a catastrophic failure that merely highlighted that fact. Is it not the case that the asylum backlog is still at record levels? Migrants continue to cross the channel in huge numbers, the provision of detention facilities outside hotels is a mess, and costs continue to rise. Can the Minister also update us on how many failed asylum seekers under existing laws are awaiting deportation?

We have continually called for proper returns agreements, particularly with France; safe routes; stronger police action nationally and internationally; dealing with the problems at source; and speedier decision-making. This Government remain in denial, while passing ever more laws, some of which undermine our international reputation. Can the Minister also tell me whether he agrees—and, if not, why not—with the deputy chair of the Conservative Party, Lee Anderson MP, who said that his party had failed on immigration and that it had allowed the situation to get, to quote him, “out of control”?

We all believe that the small boat problem needs resolving—it needs dealing with—but greater competence and sensible policy would make a real difference, rather than always seeking tomorrow’s headlines. Is it not about time that the Government got a grip on this problem and, as a start, were actually competent in implementing the policies they put before us, rather than the incompetence we see day after day and week after week?

[Lord German (LD)]

My Lords, I will not repeat the questions which have already been asked, except to emphasise the issue about the ODA money and the question of where on earth they will find funding for this to be changed.

This Statement is, basically, very thin gruel, because it opens the door to more problems than the problems we had already raised. I will question two of those big problems which are additional to the ones which have already been asked. The first is about the number of claim withdrawals. There has been a big increase in withdrawals of asylum claims, particularly from countries which have a very high grant rate for asylum claims. The previous rules on treating asylum claims as withdrawn provide three reasons that an asylum claim will be treated as implicitly withdrawn. The new version of the rules, since we completed the debate before the Recess, now adds two more grounds: failure to maintain contact with the Home Office or to provide up to date contact details, and failure to attend reporting events unless due to circumstances outside the applicant’s control. The Government say that the rule changes are to improve clarity regarding the withdrawal of asylum applications. It is difficult to see how adding yet further grounds will do anything other than increase the number of people who have genuine asylum claims thrown out.

The claims that I want to talk more about are those where, according to the rules, the circumstances in which an asylum claim will be treated as explicitly withdrawn have now widened. Before, the only circumstances in which a claim would be treated as explicitly withdrawn were where an applicant signed a specified form. Now, an applicant may also

“otherwise explicitly declare a desire to withdraw their claim”.

Can the Minister clarify what the “otherwise” circumstances are? These are new circumstances, but nowhere are they explained. How can he be sure that these people do not require protection, and what happens to them once their application has been withdrawn?

I will now follow on from the question I asked the Minister earlier today about the moving on process from Home Office accommodation. He indicated today that the process would be very swift, and he did not demur from the seven days I mentioned. That was down from the 28 days that currently exists; seven days now seems to be the new norm. We understand the urgent need to move people out of hotels and into more appropriate, community-based accommodation, but the way to achieve that is not by evicting them into homelessness—in effect, dumping them on the front door of the local authority, many without the biometric certificate which is the essential ticket to getting universal credit and the gateway to a home.

So my questions are these. What, if any, communication exists between the Home Office and local authorities of the names and details of those who are to be released and when? At what point, following the letter telling the recipient they have leave to remain, do recipients receive their biometric certificate, without which they cannot really proceed anywhere? Is there any standard of service in the Home Office on any time gap between the letter arriving saying that they have leave to remain and the biometric certificate being delivered? The Minister spoke today of the need to protect the service provision, but the actions taken by the Government focus entirely on the numbers issue, not on seeking a sensible solution to those coming through and out of the system. I fear that we are in for many more debates on the chaos left by a system that is driven by numbers and not by people.

Asylum Applications Backlog

Lord Coaker Excerpts

Wednesday 6th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I rather agree with the noble Lord. The Government’s policy is to reduce expenditure on hotels, which will free up more government money to be spent on overseas aid. I can reassure the noble Lord, the House having passed the Illegal Migration Act, that one of its consequences is that those in the cohort covered by Section 2 will not be able to make asylum claims. As a result, they will not be in the asylum backlog.

[Lord Coaker (Lab)]

My Lords, can the Minister confirm that since the Prime Minister pledged to clear the pre-June 2022 asylum backlog the Government are now withdrawing many more claims, meaning that they no longer count? Can he say how many such claims have been withdrawn and whether a Home Office official was right when reported in the press as saying:

“This is done to basically bring the backlog down”—


in other words, changing the way the Government count numbers to give them the result they want?

[Lord Murray of Blidworth (Con)]

No is the short answer. The Home Office is committed to ensuring that the asylum system is not open to abuse. By promptly withdrawing asylum claims from non-compliant individuals, we are ensuring that decision-making resources are concentrated on those who genuinely wish to continue with their asylum claims within the UK. Asylum seekers can withdraw their claim, should they no longer wish to claim asylum in the UK, and may do so for a variety of reasons, including that they want to leave the UK or have permission to stay on another basis. Asylum claims may also be withdrawn where the individual fails to comply with the asylum process or absconds before a decision is made on their claim.

Creative and Cultural Industries: Impact of Visa and Immigration Policies

Lord Coaker Excerpts

Tuesday 25th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I agree with virtually everything the noble Baroness said. I reassure her that we remain committed to expanding our YMSs—youth mobility schemes—to more nations, including, but not limited to, those within the EU. Those youth mobility schemes provide cultural exchange programmes, to allow a person aged between 18 and 30 from participating countries and territories to experience life in the United Kingdom for up to two years. As the noble Baroness says, it is subject to bilateral reciprocal agreements which benefit British citizens equally.

[Lord Coaker (Lab)]

My Lords, can the Minister explain why so many people in the creative industries are complaining about the length of time it takes to get a visa and why they often cannot get their equipment here? From listening to what the Minister outlined, there does not seem to be any problem, but that is not the view of the creative industries, so what will he do to sort it out?

[Lord Murray of Blidworth (Con)]

I reassure the noble Lord that the visa system is operating within the service standard in every sector, so there is no delay in creative visas being awarded to those who apply. The system works well. I simply do not recognise the account that he gives; if he has any particular cases, I would be grateful if he would write to me, and I can look into them.

Contest: UK Strategy for Countering Terrorism 2023

Lord Coaker Excerpts

Monday 24th July 2023 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I thank our agencies and all involved in keeping us safe. The Home Secretary reminded us, just a few days ago, that the threat from terrorism is again rising, and that 39 late-stage terror attacks have been prevented in the last six years. There are many questions, including on the proscription of state actors, but I will concentrate on one aspect. We are told individuals may develop a terrorist mindset during their time in prison and that four of the nine terrorist attacks since 2018 have been perpetrated by serving or recently released prisoners. That is obviously extremely worrying to us all. What more can be done to prevent this radicalisation in prison?

Illegal Migration Bill

Lord Coaker Excerpts

Consideration of Commons amendments
Monday 17th July 2023 Lords Chamber

[Noble Lords]

Front Bench!

[Lord Coaker (Lab)]

My Lords, I support my noble friend Lady Chakrabarti’s Motion A1. We believe it to be a very important Motion.

The only comment I will make in response to the Minister’s opening remarks on the passage of the Bill in the other place is this. We have always said that the Government have a right to get their legislation, but this place also has a right to put forward amendments and to ask for revisions and consideration. It does not help us to believe that this place receives proper consideration of its amendments when the Minister in the other place announced at the end of last week, even before proper consideration, that no concessions would be made with respect to what this House is proposing. That is not the way for business to be conducted. This place has a proper constitutional role to play, which includes sometimes saying to the Government that they should think again, and even sometimes saying it twice.

[Lord Murray of Blidworth (Con)]

My Lords, I simply cannot accept the proposition advanced by the noble Baroness, Lady Chakrabarti. As the House will remember from the last occasion, a court always has regard, if possible, to the international treaties binding the United Kingdom, as was made clear by Lord Dyson in the Supreme Court in the Assange case.

The noble Baroness’s amendment is simply unnecessary, and, in addition, it would have the effect of changing the constitutional relationship of our law and international law. I am afraid, therefore, that I cannot accept her proposed Motion. I invite noble Lords to vote against it in the event that it is not withdrawn.

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Moved by

[Lord Coaker]

At end insert “, and do propose Amendment 56D in lieu—

56D: Clause 21, page 26, leave out line 19 and insert—
“(3A) If the relevant exploitation took place in the United Kingdom, subsection (2) also does not apply in relation to a person—(a) for a period of 14 days following the making of the decision referred to in subsection (1)(b), renewable (more than once) should the Secretary of State deem it necessary for a victim to establish cooperation with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation; and(b) on expiration of the period in paragraph (a), whether or not that period has been renewed, if the Secretary of State is satisfied that the person is cooperating with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation for the duration of those criminal proceedings thereafter.(3B) Where subsection (3) or (3A) applies in relation to a person the following do not apply in relation to the person—(a) section 22,(b) section 23, and(c) section 24.(4) In this section—””

[Lord Coaker (Lab)]

My Lords, I first declare my interest as a trustee of the Human Trafficking Foundation, and the work that I do with Nottingham University in the Rights Lab there, as declared in the register of interests.

There are times when you stand up in this House and are proud to do so to move a particular amendment. I am proud to stand up and move this amendment before your Lordships late this evening, in defending what I think was one of the finest pieces of legislation that this country has passed in many a year. That legislation was passed in 2015 by the previous Conservative Government. Many people, as I look across this Chamber, were members of that governing party at that time. If you had said to me eight years ago that I would be stood here defending that Modern Slavery Act in the face of what a Conservative Government were doing, I would have found that almost impossible to believe.

Why do I say that? Because even today, a significant number of Conservative MPs voted for a Conservative Peer’s amendment; namely, that of the noble Lord, Lord Randall, another fine advocate of the work in this area. A former Conservative Prime Minister—not to be dismissed, I would say—and former Home Secretary, Theresa May, found it unbelievable, astonishing and incredible that her own party was driving a coach and horses through the legislation of which she was proud, of which this country was proud, and which, in fact, as many of your Lordships will know from the international conventions and conferences that they go to, has been used as an example by other countries across the world.

So I stand here moving this Motion F1, which seeks to protect UK-based victims of modern slavery with a 14-day grace period, which can be renewed by the Home Secretary, to allow them to access support and to facilitate co-operation with the authorities in relation to criminal proceedings against traffickers. During that period, all it does is restore and reapply the protection offered under the recovery period of the Nationality and Borders Act.

It is not just about helping the victims, important as that is; it is seeking their co-operation to see criminal gangs prosecuted. Noble Lords across the House have experience. All it seeks to do is, for a certain period of time, to disapply the measures contained within the Bill which would see potential victims of modern slavery detained and deported. Is that what people want? I do not believe that anybody wants that. Even people who are going to vote for this tonight do not want that. But that is the consequence should people vote for this particular piece of legislation. I am not one of those who believe that noble Peers opposite want to see victims of modern slavery dealt with in that way. All I ask them to consider is that that will be the consequence. In the Bill, there is no grace period. There is no period which will disapply the Bill from potential victims of modern slavery. They can be instantly detained and deported.

Co-operation with the police can take place overseas—what planet is that on? On what planet do we believe that you can deport a victim of modern slavery to wherever and they will continue to co-operate with the police of this country? Those victims are terrified and victimised, as are their families. You will not be able to seek what we all desire, which is to see more criminal gangs brought to justice.

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[Lord Murray of Blidworth (Con)]

My Lords, as I indicated in my opening remarks, I agree with my noble friend Lord Randall—from his speeches in earlier stages of the Bill—and much of what the noble Lord, Lord Coaker, said, that we are of a similar mind as to the support offered to victims of exploitation that takes place in the United Kingdom. It remains the Government’s view that statutory guidance is the appropriate way to achieve this aim, and for that reason the Government resist the amendment proposed by the noble Lord, Lord Coaker.

Moving on to deal with the revised Amendment 103D, to which the noble Lord, Lord Coaker, spoke, he seeks to confer an explicit statutory duty on the NCA director-general to produce a report within a period of three months, beginning with the day on which the Act is passed and every three months thereafter. I am sure that noble Lords will join me in thanking the officers of the National Crime Agency, who consistently bring their expertise and dedication to combating serious and organised crime and making the UK a safer place. With regard to publishing reports, surely noble Lords can agree that the NCA’s time is better spent focusing on reducing serious and organised immigration crime and arresting the criminals behind it rather than producing reports. One has only to read the NCA’s annual report to appreciate the range of activities it is already engaged in to help tackle the cross-channel people-smuggling gangs. The NCA has also published its annual plan for 2022-23, which sets out priorities for the year ahead and how it will deliver them. I commend it to noble Lords.

On Amendment 107E, proposed by the most reverend Primate, I welcome the fact that he has put forward a new amendment which no longer seeks to provide for a 10-year strategy but rather a one-off debate. However, I am afraid that the Government remain unpersuaded of the case for his new amendment, and it is not accepted by the Government. It is not for the United Kingdom in isolation to assess the effectiveness of the refugee convention, as the amendment appears to suggest.

For all those reasons, I invite the House, in the event that any of these matters are put to a Division, to oppose them.

[Lord Coaker (Lab)]

My Lords, for the reasons that I outlined earlier, and for the reasons that I gave with regard to the Modern Slavery Act, I beg to move my Motion F1 and wish to test the opinion of the House.

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Moved by

[Lord Coaker]

At end insert “, and do propose Amendment 103D in lieu—

103D: After Clause 60, insert the following new Clause—
“Reviews: NCA organised immigration crime operations(1) The Director General of the National Crime Agency must, within the period of three months beginning with the day on which this Act is passed and every three months thereafter—(a) prepare a report summarising the nature and outcome of organised immigration crime operations undertaken by the National Crime Agency in the preceding three months, and(b) send the report to the Secretary of State.(2) Upon receiving each report under subsection (1)(b) and subject to subsection (3), the Secretary of State must, as soon as practicable, lay each report before Parliament.(3) The Secretary of State may, if they deem it appropriate for reasons of national security, publish a summary of any report from the Director General rather than publishing the report in full.(4) For the purposes of this section, “organised immigration crime operations” are operations to combat organised crime where the purpose of that crime is to enable the illegal entry of a person into the United Kingdom via the English Channel.(5) This section ceases to have effect at the end of the period of two years beginning with the day on which this Act is passed.””

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[Lord Coaker (Lab)]

My Lords, I beg to move.

Electronic Travel Authorisation

Lord Coaker Excerpts

Monday 17th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Viscount for that question. He makes an important point. As I have said before in this House, we endeavour to operate our e-gates policy on the most welcoming basis we can, and this includes allowing EEA nationals to use our e-gates. It is perhaps unfortunate that the same privilege has not been extended reciprocally so far, but this is something officials continue to work on. I reassure the noble Viscount that my understanding is that the Schengen border area negotiations resulted in an agreement that there would be exemptions for residents and family members of EU citizens from ETIAS, although it is a little unclear what those are and how they will be affected at this stage.

[Lord Coaker (Lab)]

My Lords, is it not the case that, whatever systems are used at the border, staff are needed to oversee the border and the e-gates? Can the Minister comment on the recent Daily Mail article, which said that the Defence Secretary

“has refused the Home Secretary's request for 750 troops to be deployed to plug gaps in the UK’s Border Force—claiming that Ms Braverman should have made contingency plans for the shortages, rather than expecting him to act as a last-minute stop-gap”?

The Home Secretary has said that, without those 750 members of the Armed Forces

“to help man immigration posts to cover for striking or absent Border Force officers, then British travellers could face long queues”.

What does the Minister say to that?

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for that question. It is quite a long way from comparing ETIAS and ETAs, of course, but the short answer is that the figures that appeared in the Daily Mail article relate to the military aid to civilian authority application, which was made in order to make up for shortfalls in Border Force staff during strike action. I am glad to confirm for the House that there is no strike action planned during the peak of the summer season. I can also confirm that the Border Force strikes at Christmastime saw the effective deployment of soldiers; I am sure that Members of this House are grateful to them for their excellent work on that occasion.

I can assure the noble Lord that we have trained and are ready to deal with situations relating to a shortage of Border Force staff. We have recruited more staff, cancelled some leave and trained staff to address more front-line roles, so the noble Lord should be satisfied with that.

Illegal Migration Bill

Lord Coaker Excerpts

Consideration of Commons amendments
Wednesday 12th July 2023 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I have the misfortune to disagree with the noble Lord, Lord Wolfson. I support entirely what the noble and learned Lord, Lord Etherton, said. The key words in this reformulated amendment are “In interpreting this Act” and “regard”. It would not write these conventions into our law, as the previous amendment was in danger of doing. This a pure interpretation provision, and it is entirely consistent with the way the courts approach these various conventions. The assumption is that the United Kingdom, having signed up to the conventions, will respect them in the formulation of its provisions in our domestic law. The court applies that principle in finding a meaning of the words before it in statutory instruments and in primary legislation. This is entirely in accordance with the way the courts approach the matter. The key words are, “In interpreting this Act”, and “regard”. It is not binding; it is just that regard will be had. That is the way the provision should read. I support the amendment because it is entirely orthodox and consistent with principle.

[Lord Coaker (Lab)]

My Lords, I support my noble friend Lady Chakrabarti’s Motion A1 and the various provisions that follow from it. Without getting into the legal arguments that have just been articulated by the noble and learned Lords, Lord Hope and Lord Etherton, I support the fact that the key words are the first few words, in particular to try to deal with the criticism that was made of the previous amendment.

The only point I would add is that it is important for us to have something like this in the Bill given the criticism, concern and questions that have been raised about the Bill by many well-respected international organisations, bodies and individuals. We all expect something to be done about the challenge that we face, but we want it done in a way which enhances our international reputation and conforms to the various international treaties and our responsibilities. That is why Motion A1 is particularly important and should be supported.

[Lord Murray of Blidworth (Con)]

My Lords, I thank the House for the dispatch this group has been dealt with and for the contributions from across the Chamber. It will come as no surprise to the noble Baroness, Lady Chakrabarti, that I disagree with her interpretation and agree with that of my noble friend Lord Wolfson. Frankly, if one looks at Amendment 1B, one can see that “regard” must be read alongside “intended to comply”, so this revised amendment is equally problematic. The point my noble friend Lord Wolfson made is entirely right: it amounts to an acceptance that the earlier version of the amendment would also have been a very significant constitutional innovation, predicated on the back of an amendment to the Bill and a massive change to our constitutional framework. I am afraid that I therefore disagree with the noble Baroness and the noble and learned Lord, Lord Hope, on Amendment 1B.

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[Baroness Hamwee (LD)]

My Lords, from these Benches, I cannot express strongly enough our huge disappointment about what is happening with the Modern Slavery Act. I very much agree with everything that the noble Lord, Lord Hunt, said. The Minister talked about “opportunities to misuse”, when it is the Home Office which approves the first responders who have to get possible victims of slavery into the NRM in the first place. He talked about enabling co-operation but, with what most of the people in this situation will have gone through, 30 days is simply insufficient for them to be able to bring themselves to co-operate with an authority figure in a foreign country when they are still worried about what their trafficker might do when he finds them and about what they will do if they have to try to get away from the system. It is simply not enough.

To co-operate requires support. That, in turn, requires trust, and that, in turn, requires time. Statutory guidance will of course be welcome. But only today I and other noble Lords received a briefing from the Rights Lab at the University of Nottingham on government commitments relating to Part 5 of the 2022 Act—the modern slavery part—analysing whether they had been met, partially met or not met at all. It did not make for very happy reading. It is a shame that one has to say that. We support the amendment of the noble Lord, Lord Randall. We wish that there were more coming before the House tonight that we could support too.

[Lord Coaker (Lab)]

My Lords, I thank my noble friend Lord Hunt for moving his amendments in a concise and informed way and for putting before the House the importance of the Modern Slavery Act and defending its principles.

I draw attention to Motion P1, moved by the noble Lord, Lord Randall, which is particularly important as it seeks to protect victims of modern slavery exploited in the UK. Although the Minister pointed to the protection the Government may give to British citizens, some of the exploited people the noble Lord, Lord Randall, referred to would not be British citizens and would therefore be out of scope.

It is worth spending a minute considering that we as a Parliament are here tonight reflecting on what was one of the finest achievements of the last Conservative Government and one of the proudest achievements of a former Conservative Prime Minister. I stand here as a proud Labour politician saying that. It was one of the reasons why our country was regarded as a world leader by countries across the world, and it was brought about by the actions of a Conservative Government.

When you read the speeches of not only a former leader, Iain Duncan Smith MP, but a former Prime Minister, it is no wonder that the latter is incredulous that her own party and Government would seek, as she says, to undermine completely an Act of which everyone was proud, including most Conservatives. I find it astonishing that the Government Front Benches of this House and the other place should simply sweep her views aside, almost as though they are the rantings of a failed person who is no longer relevant. She deserves greater respect than that, and to be recognised for what she achieved. I think I am right in saying that it was the first such legislation in the world. It was blown away not by a vindictive Labour Government but by her own Conservative Government, who have somehow just brushed it aside.

The noble Lord, Lord Randall, does us a huge service in bringing forward an amendment that I hope has the support of many of your Lordships, from all sides, and which tries to protect something of that achievement, that triumph, of a previous Conservative Government. In doing that, he gives us the opportunity to mark with great respect that achievement and work of a previous Conservative Government and Prime Minister.

I hope that the noble Lord will test the opinion of the House and that noble Lords will see fit to support the amendment in very large numbers, so that when it goes back to the other place they will think again about what they have done.

[Lord Murray of Blidworth (Con)]

My Lords, I thank the House for the dispatch with which the speeches on this group have been dealt with. To respond to the noble Lord, Lord Hunt of Kings Heath, on just one point, clearly, we do not agree and I am afraid that I cannot accept his amendment. On the statistic that he cited, I simply say that that statistic demonstrates the problem we face when we seek to remove people. Such statistics relate to people who were in detention and it was those in detention who, at a massively increased rate, sought to claim to be victims of modern slavery in order, I suggest to Members of this House, to defer their removal.

For that reason, I must stress to the House that the proposed amendment would blow a hole in this scheme, and I am afraid we cannot accept my noble friend Lord Randall’s amendment, as supported by the noble Baroness, Lady Hamwee. There are too many opportunities to misuse the provisions in the Modern Slavery Act, with allegations of modern slavery being made by those entering the country illegally. I entirely take on board what the noble Lord, Lord Coaker, has said about the triumph of the Modern Slavery Act, and I remind the House that it remains in force in relation to victims of modern slavery who are within Britain and are British citizens. These provisions are protected in Clause 21 by a sunset provision. These are emergency measures to deal with an emergency, and for those reasons I cannot accept the amendments.

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[Lord Purvis of Tweed (LD)]

My Lords, on behalf of these Benches, I will support the noble Baroness if she presses her amendment to the Motion. I wish to make two points very briefly, but before doing so I declare an interest. I returned last night from the Horn of Africa, where, as I am sure the Minister will be aware, many of the discussions I had with parliamentary colleagues from that region related to this Bill and the damage we are doing to our international reputation.

My first point relates to a letter that the noble Lord, Lord Murray, sent me after the conclusion of Report stage. I thank him for it. It referred to one of the existing schemes that the Government operate. It is an uncapped scheme—the UK resettlement scheme. In Committee and on Report I asked for clarification of whether the Government’s uncapped scheme has, by virtue of ministerial discretion, in effect become capped.

That scheme, which is global, is now being prioritised only for those from Afghanistan, in effect closing routes from all other countries that we have debated in this debate so far. It took until the 10th paragraph of the Minister’s letter to say, effectively, that I was correct. He said:

“As a result, we are necessarily prioritising those who have been referred by the UNHCR and who are already awaiting resettlement”.


That means that we have closed the safe and legal routes that we are seeking to expand, as the noble Baroness has argued for.

The Advocate-General for Scotland suggests that the Government should not be criticised for having a delay. The outstanding question is: why do the Government not have a baseline capacity now that any safe and legal routes would operate under, and what funding would be available to it? Which countries are the Government considering as candidate countries for new safe and legal routes? The Government’s opaqueness suggests that they do not have a plan that would be ready on the conclusion of the Bill, so it is necessary that we put in statute the guarantee that we will have these routes.

The second point I wish to ask the Minister for clarification on is the use of overseas development assistance. The Government have used overseas development assistance to score all the budgets for those to be resettled under the Bill—indeed, for asylum under all the schemes for safe and legal routes. This is at a cost of £1.9 billion of ODA, which has been taken away from other development projects in many of the candidate countries from which we are seeking safe and legal routes.

I understand that the Bill, and the way it has been drafted, means that the Home Office will no longer be able to score any of those individuals who will be deemed inadmissible under overseas development assistance. That means that, under the current budget, the Home Office itself would have to find up to £1.9 billion of expenditure which could not be scored against overseas development assistance. Under the Development Assistance Committee rules, the Government are now placing on the taxpayer inordinate sums of money for a Bill that cannot be operated and is inoperable. Will the Advocate-General confirm to me now that that is the case and the measures under this Bill will mean that the current way that the Government are funding those to be resettled will no longer be able to be used and there is an enormous black hole in the funding of this scheme?

Regardless of the answer, we support the noble Baroness, Lady Stroud. We need the guarantee because, so far, the Government have been woeful in offering any reassurance.

[Lord Coaker (Lab)]

My Lords, I would just like to say how much these Benches support the Motion in the name of the noble Baroness, Lady Stroud, for the reasons she outlined in her introduction. If she seeks to test the opinion of the House, we will certainly support her.

--- Later in debate ---

Moved by

[Lord Coaker]

At end insert “, and do propose Amendment 103B in lieu—

103B: After Clause 60, insert the following new Clause—
“Organised immigration crime enforcement
(1) The Crime and Courts Act 2013 is amended as follows.
(2) In section 1 (the National Crime Agency), after subsection (10) insert—
“(10A) The NCA has a specific function to combat organised crime where the purpose of that crime is to enable the illegal entry of a person into the United Kingdom via the English Channel (the “organised immigration crime function”).”
(3) After section 6 (duty to publish information), insert—
“6A Duties in relation to organised immigration crime
(1) The Director General must, in addition to other reporting requirements under this Part, make arrangements for publishing information about the NCA’s progress in fulfilling the organised immigration crime function.
(2) Reports under subsection (1) must be made at least once every six months but may be made more frequently if the Director General deems it appropriate.
(3) Reports under subsection (1) must be submitted to the Secretary of State.
(4) Reports under subsection (1) may, if the Director General deems it appropriate, include recommendations regarding potential additional measures in relation to the NCA’s organised immigration crime function.
(5) The Secretary of State must, as soon as practicable, lay before both Houses of Parliament—
(a) a summary of each report under subsection (1), and
(b) the Secretary of State’s response to the report.””

[Lord Coaker (Lab)]

My Lords, before I speak to my own amendment, I would like to say that we very much support the most reverend Primate’s Motion Y1. Contrary to what the Minister has said, it gives us a great and important opportunity to discuss these global issues, which matter so much. Some of you will have listened to Nick Robinson on the “Today” programme—he is brilliant, of course—who highlighted some of the issues that have emerged in various areas of the world. The most reverend Primate gives us the opportunity to do that, and we very much support his Motion.

I do not intend, given the hour, to speak for long to my Motion. In the whole discussion we have had on the Bill, my proposed amendment is the only one that deals with criminal gangs. This is one of the most important ways to tackle the problem of illegal migration. Contrary to what the Minister has just told us, it is part and parcel of what Parliament should be doing—legislating in the face of what the Government themselves have described as a national emergency. The full power of the state is required to tackle this issue. It is only right that Parliament put forward amendments and Motions and ask itself and the agencies that work for the state whether enough is being done. That is what my Motion seeks to do.

To be honest, I could not believe it when the Minister said that there was no compelling reason to do this. In the last few months, I have not heard anything different from the Government about the crisis unfolding across the channel, with hundreds of people—a record number just a few days ago—coming across the channel every day. Frankly, there is every compelling reason to do something to tackle the criminal gangs who are exploiting some of the most vulnerable.

One alternative we have to the Government’s proposal concerns the international nature of the crisis, which the most reverend Primate will no doubt refer to. In my Motion I refer to the need for not only action by the National Crime Agency but international co-operation of law enforcement and police forces across Europe and beyond if we are to tackle this problem. I hope that your Lordships will feel able to accept my Motion, because there is a continuing need to ask the Government whether we are doing enough to tackle and break up the criminal gangs and to get to the really big figures who organise this business on a massive scale and exploit the weakness and vulnerability of people across the continent and beyond. Just by demanding that the Government answer that, we can get some of the answers we deserve. I look forward to the Minister’s reply, and I beg to move.

[The Archbishop of Canterbury]

My Lords, I am very grateful to the noble and learned Lord, Lord Bellamy, and to the noble Lord, Lord Coaker, for what he said. Like him, I will be brief.

Immigration and asylum, as the long series of debates on this Bill has shown, is an extraordinarily divisive issue. Speaking as someone who has been deeply embedded in east Kent for more than a decade now, I know from experience the extent to which communities are divided and individuals are torn between their desire to do what they know is right and care for those arriving, and their apprehension about the impact on local communities. One understands both those feelings very well.

When this amendment was tabled in its previous form last week, it produced considerable reconciliation and unity across the House. It was agreed that this is a massive, international issue on a generational basis and that tackling it needs profound thinking on a long-term basis. Legislation and strategy must be fitted to the problem, not the problem to the legislation. That is not how it works. For some things we do not debate strategy or have strategy on the face of a Bill, but it is impossible to imagine that we can solve a problem of this kind by taking short-term view after short-term view. It is essential that the solutions, as we go forward, bring together the whole of politics, all sides of both Houses, and unite our country instead of using this as a wedge issue to divide things.

This is a moment of reconciliation and an opportunity for profound long-term thought. This happens with climate change, on which there is legislation about 2050, never mind 10 years’ time; it happens with defence, where documents are produced that look at our proposals out to 2030; it happens with spending plans, where we have three-year committed views on spending because we know that you cannot do it in 12-month sections.

Secondly, this provides accountability. I could not agree more that a legislature is not operational, but it is the place in which the operational Executive is held to account, never mind which party it is. That will be as inconvenient to any other party in government as it is to the current party and there will be moments, if another party is in government, when it will not like it. That is the nature of our constitution. This provides for accountability; Ministers and Secretaries of State must come to both Houses and allow their view of the world to be tested, challenged, informed and improved.

Thirdly, it enables flexibility. The strategy shifts and changes as circumstances shift and change. Most of your Lordships will know Keynes’s remark:

“When the facts change, I change my mind. What do you do?”


Of course we will need to change our mind as time goes on—if the boats are stopped, if new threats emerge to do with migration and if there are new issues.

The 10-year strategy will enable the whole country, united, to understand where we are going, what the sacrifices are and how they will be mitigated. This is not a party-political issue but one in which we must work together: if we work separately, we will fall separately. Finally, it puts us back into leadership globally. Without leadership, we cannot lead as this country should do and as we have so often shown we can. This is an international issue. We have enormous clout. It does not involve only the UNHCR, who I think are among the most extraordinary people I meet, but so many other groups. We need to see how that leadership is being exercised.

If this Motion passes this evening or if I have eloquently persuaded the Minister to stand up and say that he has changed his mind—I am not that hopeful—there are, of course, other ways of doing it. Before we come back for the next bit of ping-pong, I would be very happy and open to talk about alternative, but solid and dependable, ways of achieving the same ends for our country: reconciliation over this issue, accountability for this and future governments, flexibility in strategy, and leadership in the world. There may be other ways, and I am very open to those. I beg to move.

--- Later in debate ---

[Lord Bellamy (Con)]

My Lords, if I may I will first deal briefly with Motion X1 and the National Crime Agency. It is important to remind the House that the Government have a dedicated multi-agency task force on organised immigration crime, which includes the NCA. The task force is committed to dismantling organised immigration crime groups internationally, including the criminal networks which facilitate people smuggling. In partial response, at least, to the noble Lord, Lord Blunkett, the task force is active in 17 countries worldwide, working with partners to build intelligence and prosecution capability.

The Government’s position, and indeed the position of the House of Commons, is that there is no need for further legislative measures to support the effectiveness of the National Crime Agency. That is the reason why the Government cannot support Motion X1. As regards Motion Y1, no one could have listened to the speeches tonight without recognising the power and sincerity with which they were made. The Government are all for reconciliation and accountability; that is a matter, in the Government’s view, for the normal political process. The House of Commons’ view, as expressed very recently and by a substantial majority, is that Amendment Y1 is unnecessary, although I am sure the sentiment behind it is shared by all of us.

[Lord Coaker (Lab)]

My Lords, I thank those who have spoken in this brief debate. I thank my noble friend Lord Blunkett for his support and one or two of the ideas he brought forward, which highlight the point I am trying to make. That I have tabled an amendment has caused my noble friend Lord Blunkett to put before your Lordships the idea of licensing the boats. That may be a good idea, there may be better ideas or there may be additional ideas, but at least that was an idea that came forward.

The Minister himself has given the House a couple of facts about 17 countries working together; that has never come up in our discussions on the Bill. We need to continue to ask questions of the Government and to keep making demands of them; through that, public policy will be improved. The very least we can do is for at least one part of the Bill to concentrate on the criminal gangs who are causing such misery, rather than on the people who suffer misery at the hands of those gangs. That is the purpose of my amendment, and I thank the noble Lord, Lord Paddick, for his support.

I finish with reference to the most reverend Primate the Archbishop of Canterbury. How refreshing it is to have a contribution which talks about how to deal with a common problem facing humanity, whatever our views or wherever we come from—actually looking at what we might do to come together to solve that common problem rather than seeking to divide us, as sometimes happens.

I finish with this: we either try to solve this problem as one country—where one country believes that it can solve the problem by tightening up its borders and pulling up the drawbridge—or we recognise that across the continent and the globe countless millions of people are moving and the number who are going move in the future is probably going to increase. Some of the poorest countries in the world take in more refugees than many of the richer countries. All that needs to be discussed, debated and looked at—not just in a debate in Parliament but over a period of time in which people can contribute. That should include not just people in the legislature but members of the public, organisations and people from different parts of the globe.

I thought that the most reverend Primate’s contribution was refreshing and is to be welcomed. I hope that as well as supporting my own Motion your Lordships see fit to support the Motion in his name. It deserves support. It allows us to look forward, up and out, rather than inward. For that, we are in his debt. I look forward to all of us supporting his Motion. I wish to test the opinion of the House on Motion X1.

Missing Asylum Seeking Unaccompanied Children

Lord Coaker Excerpts

Monday 10th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I say, the decoration of these facilities is a matter for the Home Office. It is a detention facility for those who have entered the country unlawfully and it is appropriate that it is decorated in a manner that reflects its purpose.

[Lord Coaker (Lab)]

Can I ask the Minister to reflect again on what his noble friend and my noble friend Lord Dubs have just said? Is it really the Government’s position that it was perfectly justified to paint over these murals in a detention centre for children? Can the Minister not see how frankly astonished and, to use the noble Lord’s phrase, ashamed we are that this has happened? The least we would have expected is that the Government are sorry that it has happened, are looking into it and are going to make sure that it never happens again. Will the Minister reflect on his answer and see how appalled the Chamber was by what he said?

[Lord Murray of Blidworth (Con)]

I reassure the noble Lord that we take the welfare of children in our care very seriously. The point is that those children are held at the Kent intake unit for only as short a time as possible. Of course, the age of the children held at that unit can be anything up to 18 years old and, as this House knows from repeated answers, the majority of those passing through that unit are in the upper end of the available age bracket.

Illegal Migration Bill

Lord Coaker Excerpts

3rd reading
Monday 10th July 2023 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I start on a sombre note and join other noble Lords and the Minister in paying tribute to Lord Brown, who will be sorely missed by us all. He spent many an hour in the tearoom and elsewhere trying to explain various legal niceties to me in a very calm and dignified way, always treating me with a respect and courtesy I am not sure I deserved. He was a truly remarkable man and a pleasant individual. He will be missed by us all, and it is very sad that he has left us.

I will start with some usual courtesies before I make a couple of comments. I thank the Minister for the briefings he gave us. We have fundamentally disagreed on certain things. We were not pleased about the lateness of the impact assessments, as my noble friend Lady Lister made clear. To be fair to the Minister, even when we have fundamentally disagreed, he has always tried to brief me with respect to the Bill, and I am grateful for that. I thank his colleague, the noble Lord, Lord Sharpe, for being similarly available whenever needed with respect to the Bill. Again, we disagreed on various things, but I appreciated his courtesy and help. I would be grateful if he could pass on my thanks to the noble and learned Lords, Lord Bellamy and Lord Stewart, who at different times contributed to the Bill. I have to mention the Government Whip, who sat there all the way through with his normal face, which was always interested and agreeable. It was a pleasure to talk to him, if no one else at times. I also thank the Minister’s officials, who have been really helpful.

My noble friend Lord Ponsonby is always a welcome contrast to my calm and unexcitable demeanour. He generates the rhetoric, drive and passion that I sometimes lack, and I am grateful for him encouraging me to have a bit more zeal at times—but seriously, it is good to have him alongside me. I am grateful to the officials in our office, Dan Stevens and Clare Scally, who have been very helpful, and my Back-Bench colleagues—I am always a bit nervous about this; it is like being at a wedding when you forget the aunt at the back—particularly my noble friends Lady Chakrabarti, Lord Dubs, Lady Lister, Lord Bach, Lord Cashman and Lord Hunt, and many others, for their support and help as the Bill has gone through. I thank the noble Lord, Lord Paddick, and his team for their co-operation, and Peers from across the House, some from unexpected quarters, who rang me to ask about different things. It has been a pleasure to work with them.

I want to start with some related points, including the comment made by the noble Lord, Lord Deben. Having said what I said about the Minister, a couple of the things he said at the beginning were disappointing. There may have been times when some have thought it the right thing to do but, generally speaking, this House has not sought to block the Bill. It has recognised that the Commons has a right to pass its legislation. However, many in this House feel that the payback for that—for want of a better way of putting it—is that the other place has to respect that this place has a constitutional role to play as well. We will not be intimidated or made to back off from passing amendments that we think are important, or from saying where we think the Government have got it wrong.

I have been in government; it is hugely irritating to a Government to have this happen, but it sometimes works, in that better legislation is passed. If two and two does not make four, there is a problem. On a Bill as controversial and difficult as this, it is only right that large numbers of amendments be passed. It is only right to ask the other place—as a number of Peers have done—to give due consideration, in proper time, to the amendments we have passed and to adapt and make changes.

To be frank, it is difficult to know exactly what we should think about what will happen tomorrow, given that the only briefing we have had has gone to the newspapers and the media, telling us what to expect in the amendments to be published tomorrow or later today. Some may be things that we could agree to. Many in this place, including me, and a number of Members in the other place, will say that it cannot be right that journalists are ringing to ask your opinion, when you have no idea about it. They ask why you cannot comment and you have to say, “Well, I don’t know what the Government are suggesting”. That cannot be right, and it needs to be looked at.

The noble Lord, Lord Deben, made a passionate point. Sometimes, if a Government get something wrong, as they have with the murals at the detention centre, the right thing to do is to stand up and say that it should not have happened and they will make sure it does not happen again.

As part of our co-operation and work together, the Minister organised a trip to Dover and to Western Jet Foil for my noble friend Lord Ponsonby and myself. My noble friend and I went to the facility with the mural, where Mickey Mouse was painted on the wall. There was nothing offensive about it—nothing at all that anybody could take offence at. All it did was provide comfort and a sense of belonging to children in a desperate situation, which, presumably, is why somebody painted it. They did not paint it out of badness, or to make a political point or embarrass the Government. This was simply a human being, no doubt as an act of kindness, painting something on the wall to comfort children in a desperate situation.

In addition to the Minister’s response being wrong and disappointing, the noble Lord, Lord Deben, made the point he made—he will correct me if I am wrong—in order to show that that attitude cannot prevail when considering the other amendments we have sent to another place, where they are generally dismissed out of hand. The Government may have given way on four, five or six—we do not know—but the 20 or so amendments sent there deserve proper consideration. If the Government object to them, they will need to give a proper explanation. Underlying what the noble Lord, Lord Deben, said, that is what we are asking for.

This place deserves its proper position within the functioning of the constitution of this country. If it does not have that, the consequence will be poorer legislation. In respect of an Illegal Migration Bill that is so controversial, the impact will be on innocent people, including children, who do not deserve it.

[Lord Murray of Blidworth (Con)]

My Lords, I will not address all the speeches, but I can certainly say that I agree with parts of almost all of them. Of course, noble Lords are entirely right that I and the department should think deeply about the amendments proposed, and we will. It is clear that there will be some changes, and I hope to work with noble Lords on that in due course.

Without Lord Brown, this House is very much a lesser place, and I am glad that we had an opportunity to reflect on that today.