Asylum Seekers: Channel Crossings

Debate between Lord Cormack and Lord Murray of Blidworth

Thursday 7th September 2023 Lords Chamber

[Lord Cormack (Con)]

Could my noble friend expand on the answer that he gave the noble Lord, Lord German, about the 54%? A number of us were slightly baffled by what he said—could he expand on that?

[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.

Illegal Migration Bill

Debate between Lord Cormack and Lord Murray of Blidworth

3rd reading
Monday 10th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

My Lords, I do not want to detain the House for too long at this stage but, in view of what transpired on Report, it is fitting that I say a few words before the Bill completes its passage through your Lordships’ House.

There is clearly some disagreement about the means, but we all agree on the necessary ends: we must stop the boats. It remains the Government’s contention that the provisions of the Bill, as introduced in your Lordships’ House, are a vital plank of the actions we are taking to stop these dangerous, illegal and unnecessary crossings of the channel. As my noble friend Lord Clarke so memorably noted, we have not heard an effective alternative. But, if we are to stop the boats, it is imperative that the scheme provided for in the Bill is robust and sends the unambiguous message that, if you enter the UK illegally, you will not be able to build a life here; instead, you will be detained and swiftly returned, either to your home country or to a safe third country.

As a result of the many non-government amendments agreed by your Lordships’ House on Report, that message is no longer unambiguous. It is, at best, half-hearted and, at worst, now wholly absent from the Bill. The Government are reflecting carefully on each and every amendment, but I have no doubt that many will not find favour with the other place and we will soon be debating them again.

Having said all that, I record my thanks for all the valued contributions made by my noble friends and noble Lords opposite during the Bill’s passage. It is particularly appropriate, following the sad news of his death late last week, that I express my sincere appreciation for the insightful contribution made by Lord Brown of Eaton-under-Heywood at Second Reading. This was one of his last speeches in this place and I am sure that I speak for all noble Lords if I say that his passing is a great loss to this House.

While there has not been much common ground between these Benches and those opposite, I express my gratitude for the candid and courteous way in which the noble Lords, Lord Coaker and Lord Ponsonby, have engaged with me on the Bill. I also extend my thanks to the noble Lord, Lord Paddick, and his Front-Bench colleagues for their clarity of message, albeit not one that I have been able to agree with.

Finally, I am duty bound to record my sincere gratitude for the invaluable help and assistance of my noble friends Lord Sharpe and Lord Davies and my noble and learned friends Lord Bellamy and Lord Stewart. I put on record my particular thanks to the excellent Bill manager, Mr Charles Goldie, and thank Gurveer Dhami, the deputy Bill manager, the whole of the Bill team, my private office staff and the officials and lawyers in the Home Office and the Ministry of Justice who have provided excellent support, along with the first-class drafting of the Office of the Parliamentary Counsel.

As I have indicated, I suspect it will be an unusually short time before we are debating these matters again, but for now I beg to move that this Bill do now pass.

[Lord Cormack (Con)]

My Lords, we have a short time before this Bill comes back and I would like to take this opportunity to say to my noble friend that the Bill has been significantly altered and, in the view of many of us, generously improved in your Lordships’ House.

My noble friend said some fairly strong words and, of course, he is fully entitled to do that but I urge that he discusses with his ministerial colleagues, particularly the Home Secretary, some of the speeches that have been made in this House and the underlying concern of those speeches—many of them made from this side of the House—that there is an absence of kindness, consideration and concern in the Bill that came before us at Second Reading.

The Bill has been improved. It has been made more human and more humane. If there is a particular thing that illustrates what I am trying to say—and it was raised earlier this afternoon, and I raised it myself in the gap when we debated the Windrush generation on Friday—it is that this incident of the painting out of murals designed only to amuse unaccompanied children sends out a message that, frankly, is not worthy of our country. I urge my noble friend to permeate his discussions on this Bill and his consideration with the Home Secretary as to which amendments can be amended, which can be accepted and which they feel they have to resist, with a recognition that it is the kindness and consideration of this country that have made it a great country. One has only to cite the Jews in the years before the war and the Ugandan Asians who came into this country 50 years ago, both enriching our communities.

Of course we cannot have boat people coming indiscriminately, but we must recognise that they are human beings, that they are individuals and that they are worthy of consideration as such. I implore my noble friend to enter some of that spirit into the discussions that he is shortly to have with the Home Secretary and his ministerial colleagues.

Illegal Migration Bill: Economic Impact Assessment

Debate between Lord Cormack and Lord Murray of Blidworth

Tuesday 27th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As the noble Lord is aware, it is the intention of the Bill to create as a tight a framework as possible, and there is a risk that a loophole would be created if the modern slavery provisions were left unamended. That is the purpose of the provisions on modern slavery in the Bill.

[Lord Cormack (Con)]

My Lords, that is no answer to the noble Lord. The Modern Slavery Act was introduced by the Government, supported by us on this side, and received with pride in all parts of the House. It is being unravelled and there is no proper excuse for that.

[Lord Murray of Blidworth (Con)]

The noble Lord will not be surprised to learn that I do not agree with him.

Illegal Migration Bill

Debate between Lord Cormack and Lord Murray of Blidworth

Committee stage
Wednesday 14th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I do not agree that the evidence from the rest of Europe is any indicator of what might drive people across the channel in small boats. It stands to reason that, if people want to come to the UK to work, they may well seek to circumvent our asylum system by crossing the boats in small channels—I mean crossing the channel in small boats, rather than crossing the small channel in big boats. It therefore clearly stands to reason that it is sensible to refuse asylum seekers the right to work unless there is a delay of 12 months which is not the fault of that individual. It cannot be gainsaid that simply because we cannot produce evidence of what is going on in the mind of someone seeking asylum there is no reason to adopt the policy. I simply do not accept the logic of the noble Lord’s proposition.

My noble friend Lady Stowell made some pertinent points about the UK employment market that go to the difficulties posed by the amendment. I also very much welcomed the thoughtful speech by my noble friend Lady Lawlor. It is for all these reasons that the Government cannot support this amendment, and certainly not in this Bill, focused as it is on stopping the boats.

Amendments 139FA, 139FC and 150 all concern the current asylum backlog. We can all agree on one thing: namely, the need to process asylum claims efficiently and effectively, so that robust decisions are taken in a timely manner. We do not need new legislation to achieve this, and certainly not Amendment 150, which, quite inappropriately, seeks to tie the commencement of the Bill, which is to deal with the small boat crossings, to a reduction in the asylum backlog.

That said, I will set out the steps we are taking to reduce the current backlog. As noble Lords will know, my right honourable friend the Prime Minister pledged to clear the backlog of 92,601 initial asylum decisions relating to claims made before 28 June 2022, or legacy claims, by the end of 2023. We are making good progress. We have reduced the initial decision legacy asylum backlog by 17,000 in the past five months. We know there is more to do to make sure that asylum seekers do not spend months or years living in the UK, at vast expense to the taxpayer, waiting for a decision. That is why our commitment to tackle the backlog has focused on people who have sat in the backlog for the longest, often living in expensive hotels, while we process their case.

One way in which we will achieve that is via the streamlined asylum process which is centred around accelerating the processing of manifestly well-founded asylum claims. Another way in which we will achieve this is by grouping asylum claims by cohort. This means grouping asylum claimants and prioritising claims based on, for example, the type or volume of claims from a particular nationality, grant rate or compliance rate, and those on asylum support rate. This process means to conclude more efficiently outstanding asylum claims made before 28 June 2022 by the end of the year. This will allow decisions to be assessed in a more efficient manner. We have already doubled our decision-makers over the past two years, and we are continuing to recruit more. This will take our headcount of the expected number of decision-makers to 1,800 by this summer and 2,500 by September 2023.

[Lord Cormack (Con)]

I am sorry to interrupt, but my noble friend referred to 17,000 claims having been processed. How many have been given permission to stay?

[Lord Murray of Blidworth (Con)]

I do not have that figure to hand, but I will find out and write to my noble friend.

By tackling the backlog and processing asylum claims in a timely manner, we will address the issues raised by many noble Lords in relation to Amendment 133. I am sure we will return to these issues in the coming weeks and months, but for now I invite the noble Baroness, Lady Ludford, to withdraw her amendment.

Illegal Migration Bill

Debate between Lord Cormack and Lord Murray of Blidworth

Committee stage
Monday 12th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

It was Article 13(3). The events which the Government say warrant the grounds of public order which prevent observance of the 30-day reflection and recovery period are the conditions which I identified earlier in relation to the pressure placed on public services and the threat to life arising from the dangerous channel crossings.

I do not propose to address all the amendments individually, suffice to say that where the Secretary of State is satisfied that an individual is participating in an investigation or criminal proceedings relating to their alleged exploitation, and considers it necessary for them to be present in the UK to provide that co-operation, and considers that their co-operation outweighs any significant risk of harm to the public they may pose, that individual will be exempt from the disqualification. This allows the Government to protect against the threat to public order arising from the current circumstances relating to illegal entry into the UK, while also ensuring that investigations can be progressed to bring perpetrators to justice. By one means or another, the amendments seek to negate, or at least roll back, the intended effect of the provisions in Clause 21 and subsequent clauses.

[Lord Cormack (Con)]

What does my noble friend say to the statement that what is being done here is in effect dismantling a world-renowned piece of legislation—the Modern Slavery Act—passed only eight years ago?

[Lord Murray of Blidworth (Con)]

I am afraid I do not agree with my noble friend. These provisions are strictly limited to deal with the present emergency that we face.

As with the amendments to the other parts of the Bill, if we add exceptions, exclusions and exemptions, we will significantly undermine the efficacy of the Bill overall and the scheme will be undermined, making it unworkable. The Bill will then not deliver on its stated purpose.

Having said that, I want to touch on some of the specific amendments. However, before I do so, I will respond to the request of the noble Lord, Lord Coaker, to give an update on the economic impact assessment. At the risk of repeating myself, it remains the Government’s intention to publish the document in due course. However, I undertake to provide an update to the House before the first day of Report.

In relation to Amendment 86, put forward by my noble friend Lord Randall, I point out that for the cohort caught by the Bill—particularly those apprehended in Kent, having crossed the channel in a small boat—few will be victims of exploitation in the UK. It is important to remember that victims of modern slavery who are British citizens, or those who are in the country illegally having overstayed their visa, will not be caught by the public order disqualification. Similarly, unaccompanied children who are not to be removed under the power conferred in Clause 3 will continue to benefit from NRM support—a point raised by the noble Lord, Lord Coaker. As for others who are to be removed pursuant to the duty in Clause 2, their relocation to a safe third country will remove them from their exploiters.

I remind the Committee that our partnership agreement with Rwanda includes express provision for the Rwandan Government to take all necessary steps to ensure that any special needs that may arise as a result of a relocated person being a victim of modern slavery are accommodated. This should not be downplayed, as the right reverend Prelate the Bishop of Durham suggested. I can also assure my noble friend that we will continue to engage with the police and the CPS as we prepare the statutory guidance provided for in Clause 21(6). I reiterate what my right honourable friend the Immigration Minister said at the Commons Report stage:

“we will look at what more we can do to provide additional protections to individuals who have suffered exploitation in the UK”.—[Official Report, Commons, 26/4/23; col. 781.]

That remains the Government’s position.

I turn to Amendment 88. It is the unfortunate reality that criminal gangs are good at adapting to changes in the law to continue their nefarious activities. It is therefore not unreasonable to assume that such an amendment may result in a change of methodology by the people traffickers, either by targeting vulnerable women to a greater extent or by encouraging illegal migrants to make false claims to seek removal under the Bill.

Amendment 90, spoken to by my noble friends Lord Randall and Lord McColl, relates to the presumption that it is not necessary for a person to remain in the UK to co-operate with an investigation. It is one of the enduring legacies of the Covid pandemic that much more can now be done remotely. We all see this in the changes to the way we work. Even now, some Members of your Lordships’ House take part in debates by videolink. It is simply no longer the case that a victim of crime needs to be in face-to-face contact with police or others to assist with an investigation. There is no reason why, in the majority of cases, such co-operation cannot continue by email, messaging and videoconferencing. The presumption in Clause 21(5) is therefore perfectly proper.

We have provided statutory guidance to support decision-making by caseworkers when determining if there are compelling circumstances why the presumption should be set aside in any particular case. We are considering carefully the recommendation of the Delegated Powers Committee that such guidance should be subject to parliamentary scrutiny. Given this, I am not persuaded that the substitution of a regulation-making power would make a material difference.

Electronic Passport Control Systems

Debate between Lord Cormack and Lord Murray of Blidworth

Wednesday 7th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I do not have those statistics to hand—I will of course find them and write to the noble Lord in respect of them—but, as your Lordships will recall, there was an SI approved by this House to lower the age at which children could use e-gates from 12 to 10. I am pleased to report that the pilot was incredibly effective and that it will now be rolled out across the e-gates by the end of July, so 10 year-olds across the country will be able to use them. This will increase the flow through airports, particularly during peak periods of half term and holidays.

[Lord Cormack (Con)]

Will my noble friend point out to the noble Lord, Lord Berkeley, that he was maligning King Canute? King Canute sat at the water’s edge to prove that he could not rebuke the waves, not that he could.

[Lord Murray of Blidworth (Con)]

I expect my noble friend does not really expect an answer to that.

Illegal Migration Bill

Debate between Lord Cormack and Lord Murray of Blidworth

Committee stage
Monday 5th June 2023 Lords Chamber

[Lord Cormack (Con)]

My Lords—

[Lord Murray of Blidworth (Con)]

I think I have taken enough interventions.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

As I say, I am afraid the impact assessment will be published in due course.

[Lord Cormack (Con)]

My noble friend must accept that the Bill can be expedited and the House can be satisfied if a proper impact assessment is produced in time for Report. The whole purpose of Committee is to probe, as we are doing this afternoon and so on. However, when it comes to Report, when the House has to make significant decisions on the most sensitive piece of legislation that has been before Parliament for a very long time, it is crucial that we have all the facts at our disposal.

[Lord Murray of Blidworth (Con)]

Of course, I hear what my noble friend says.

Migrants: Housing

Debate between Lord Cormack and Lord Murray of Blidworth

Wednesday 3rd May 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The answer is that the Government will keep the situation under review and see how many places are required, because the effect of the Bill, when it is passed through this House and the other place, will be to deliver a deterrent effect. Furthermore, those who cross the channel illegally will be removed within 28 days, as is planned in the structure of the Bill. Therefore, the need to detain people will be kept under review and, it is hoped, be limited in number.

[Lord Cormack (Con)]

My Lords, if the Government are going to keep things under review, will the Minister please review Scampton in Lincolnshire? It is a historic airfield from which the 617 Squadron flew in the last war. We have plans in Lincolnshire to transform it, now that the Red Arrows have gone, into both a museum and a site of industrial production of the technological kind. The Home Secretary has ridden roughshod over the feelings of local people and plans to desecrate a lovely part of Lincolnshire—can that please be put under review immediately?

[Lord Murray of Blidworth (Con)]

I hesitate to disagree with my noble friend but the site in Scampton is well-suited for the purpose of housing asylum seekers. The heritage buildings at Scampton will of course be preserved. While the Home Office listens intently to all representations about the locations of asylum accommodation facilities, it is the case that Scampton is a suitable site and we intend to begin using it.

Shamima Begum

Debate between Lord Cormack and Lord Murray of Blidworth

Monday 27th March 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Clearly, the Secretary of State for the Home Office has to evaluate the balance of competing interests. Surely the principal interest and the principal duty of government is to keep the people safe. I can reassure the noble Lord that the United Kingdom takes very seriously its obligations under the UN statelessness convention. Decisions to deprive individuals are taken in circumstances where they would not be left stateless. This applies in all cases where decisions to deprive are made. In all cases, there is further detailed consideration as to the applicability of Articles 2 and 3 of the European Convention on Human Rights in relation to deprivation decisions. The Government are satisfied that all those deprivations have been actions which are compatible with our obligations under that convention.

[Lord Cormack (Con)]

My Lords, would my noble friend reflect that, if a 15 year-old child commits a murder in this country, they remain anonymous? We do not know the name of the person, and he or she is dealt with appropriately. Is that not rather in contradiction to the line that has been taken in this case?

[Lord Murray of Blidworth (Con)]

The slight difficulty the noble Lord has is, obviously, the incomplete picture of information, which is, unfortunately, the consequence of the nature of these types of decisions. The evaluation is made at the time of the deprivation decision, which in this case was in 2019. At that stage, the subject of the decision was not a minor, but obviously I cannot venture further into the facts of the case.

EU Settlement Scheme

Debate between Lord Cormack and Lord Murray of Blidworth

Monday 13th March 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I can certainly confirm that it is our intention to abide by the judgment. We work very closely with the IMA and will continue to do so.

[Lord Cormack (Con)]

My Lords, has not the Prime Minister, two weeks ago over the Northern Ireland protocol and last week with a highly successful visit to France, shown the tone that we should now adopt towards our European friends and allies and former partners in the EU?

[Lord Murray of Blidworth (Con)]

Yes, indeed. It is in that spirit of co-operation that the Government have determined that the appropriate method of resolving this case is to accept the present position—notwithstanding that permission to appeal was granted—to accept the judgment of the court and to make arrangements so that the scheme matches the findings of the court.

Illegal Migration Bill

Debate between Lord Cormack and Lord Murray of Blidworth

Wednesday 8th March 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The Statement was intended to—and did—accurately set out the contents of the Bill. Indeed, in the exchanges that followed, which the right reverend Prelate will find in Hansard, it was clear that there was discussion of the status of children. I can confirm that the position is this: the removal of any under-18s will be delayed until adulthood except in certain circumstances. As the right reverend Prelate is aware, one issue that has arisen in relation to the exception for minors is of people claiming to be minors when they are not. This is of course an attempt to evade immigration control and can have serious safety ramifications if such a person is placed with children.

[Lord Cormack (Con)]

My Lords, I express the hope that when the Prime Minister is discussing things with President Macron, they have two aims: first, to establish safe, simple, clean accommodation in France, jointly paid for by this country and France; and, secondly, to make a real attempt to arrest and punish those who pilot the boats. There is a big difference between them and those who sacrifice both their lives and their life savings to get across.

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for that question. It is not the case, I am afraid, that the people-smuggling gangs are responsible for piloting the vessels: quite frequently they will delegate the duty of piloting the vessels to other passengers; it is not uniquely the case. This means that it is in fact much harder to penalise the masterminds behind these organisations. Very great efforts are made, but the reality is that there is a massive demand to cross the channel. Lots of people want to come to our country, and when there is that untapped demand, unfortunately, the likelihood is that if one criminal gang is closed down, another will crop up, unless you attack the seat of the problem, which is the demand for illegal migration.

Asylum Seekers: Local Authority Accommodation

Debate between Lord Cormack and Lord Murray of Blidworth

Monday 16th January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for her question. Obviously, asylum seekers who would otherwise be destitute can obtain support, including accommodation, under Section 95 of the Immigration and Asylum Act 1999. There is a requirement under Section 96 of that Act that such accommodation should be adequate to the needs of the supported person and their dependants. The courts held in the case of AMA v the Secretary of State last year that a hotel room met the threshold of adequacy, despite the nature of the accommodation being far from ideal. Clearly, it is important that all accommodation provided is adequate and meets the needs of those within it. The department is responsive to complaints of inadequate accommodation; it is a priority for the department to ensure that accommodation is appropriately delivered to those who need it.

[Lord Cormack (Con)]

My Lords, perhaps I might raise a point that I have raised before with my noble friend. Have serious discussions been entered into with our French friends and neighbours to try to ensure that adequate, sanitary—not luxurious—accommodation is built to a considerable extent on the other side of the channel, and that British officials can process applications there?

[Lord Murray of Blidworth (Con)]

Clearly, the arrangements made for asylum seekers within the French Republic are a matter for the French Government. I understand that arrangements are made in accordance with their obligations under the refugee convention. There is no express intention by the French Government to ask us to assist with their discharge of those duties.

Windrush Lessons Learned Review: Implementation of Recommendations

Debate between Lord Cormack and Lord Murray of Blidworth

Thursday 12th January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

On the reduction, I hope the answer is demonstrated by the following statistics. Some 4,558 claims have been received by the Windrush compensation scheme, for which, as I said a moment ago, the total amount of compensation offered has been £59.58 million. There are 2,699 claims with final decisions—that is 59%—and 1,967 concluded claims: those are claims that received a final payment, a nil offer that has not been challenged in 60 days or rejected on eligibility, or claims that have been withdrawn. As regards the work in progress, there are 1,859 claims, and preliminary offers have been made in 666 of those. Only 522 claims are more than a year old.

[Lord Cormack (Con)]

My Lords, will my noble friend accept that we are getting rather fed up with the tardiness of the payment of compensation, whether it is to postmasters, those who had bad blood products or this very important group, the Windrush people? Will he therefore not be complacent about saying that there are 41% still to be dealt with but rather say that the 41% will be dealt with well before the end of this year?

UK Asylum and Refugee Policy

Debate between Lord Cormack and Lord Murray of Blidworth

Friday 9th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

Hesitate as I do to disagree with the noble Lord, that matter is currently before the High Court, and the Government’s position is clearly at odds with his assessment.

I crave the indulgence of the House to carry on for a few more moments, if I may.

[Lord Cormack (Con)]

I am going to miss my train.

[Lord Murray of Blidworth (Con)]

I would be terribly sorry if my noble friend Lord Cormack were to miss his train.

I turn to the questions in relation to climate change. We will not remove anyone to any other country where they would face persecution or serious harm as a result of their country ceasing to exist, as was premised in one noble Lord’s speech.

It is always right in this context to remember that, as pointed out by my noble friend Lord Lilley, arrivals by small boats put significant pressure on local authorities. The Home Office acknowledges the strain that dispersing asylum seekers is putting on many authorities, and it is for this reason that it is working collaboratively with local authorities and commercial partners to agree regional and national plans on implementation for full asylum dispersal. This process will enable us to continue to meet our obligations to accommodate destitute asylum seekers while not overcrowding local areas.

Asylum Seekers: Accommodation

Debate between Lord Cormack and Lord Murray of Blidworth

Tuesday 15th November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

I agree with part of what the noble Lord says. Obviously, it is important that all those who come to seek asylum in the UK have the opportunity to have their applications considered, and that all those who are genuine asylum seekers are of course afforded all that this country can offer by way of protection. In that sense, I agree with the noble Lord.

[Lord Cormack (Con)]

My Lords, I welcome the recent more productive talks with our French friends and allies. Has consideration been given to building, at joint expense but with a considerable amount from us, decent hostel-type accommodation in France, where the British officials who are now assessing applications can work and where people can be given a proper assessment and clean living conditions?

[Lord Murray of Blidworth (Con)]

I hear what my noble friend says. Clearly, the recently concluded negotiations with the French concerned the use of Border Force officials within the French detection mechanism on the French coast, but I will certainly take back my noble friend’s suggestion to the Home Office.