Border Security, Asylum and Immigration Bill

Lord Kerr of Kinlochard Excerpts

Report stage
Monday 3rd November 2025 Lords Chamber

We must remember that mechanisms already exist to support those with insecure immigration status who are victims of abuse. The national referral mechanism is in place specifically to ensure that individuals can be properly identified and supported. The issues in this group have been worthy of discussion but I ask noble Baronesses and noble Lords not to press their amendments.

[Lord Kerr of Kinlochard (CB)]

I am grateful to the Minister, who is an expert on the Modern Slavery Act, as are the noble Baroness, Lady Hamwee, and the noble Lord, Lord German. I am not. Can the Minister explain, as I still have not quite got it, why it is right that, if Section 29 survives from the Illegal Migration Act 2023, a known victim of modern slavery, if convicted of a crime, loses all the protections that he or she has had as a victim of modern slavery and is to be deported? The opposition argument against Amendment 29 seemed to be that it would create spurious claims of modern slavery. I follow that argument to a degree, but what about the person who has an established claim under modern slavery legislation and is entitled to asylum here but, if Section 29 survives, will be deported? Have I understood it correctly?

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord for calling me an expert on modern slavery matters. I dealt with the Bill 10 years ago, and a lot of swimming around the goldfish bowl has been undertaken since then. We should recognise the importance of that Act in establishing basic criteria, which the noble Baroness, Lady May of Maidenhead, brought forward, and which I, as the then shadow Minister, supported and tried to stretch even further, as the noble Baroness, Lady Hamwee, continues to remind me.

The key thing about the point made to me by the noble Lord, Lord Kerr, is what I referred to in opening: a case-by-case basis. The Act, if commenced, would amend the public order disqualification to allow more foreign national offenders to be considered for deportation, but on a case-by-case basis for disqualification from the modern slavery protections on public order grounds. It is important that we do not have a blanket dismissal but do have the potential for the national referral mechanism, the Home Secretary and others to look at these matters on a case-by-case basis.

I hope that will satisfy the noble Lord, Lord Kerr. He shakes his head to say that it does not, but sometimes I cannot satisfy every Member of this House. I say to him simply that the case-by-case basis means that if someone wants to make the case that they should not be covered by this, the opportunity is there for them to do so. I therefore beg that the noble Baroness withdraws her amendment.