Asylum Seekers: Accommodation

Lord Kirkhope of Harrogate Excerpts

Thursday 16th January 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

The Government have an immigration White Paper due to be published shortly and I hope that all parties and Members can contribute to the discussion around that.

[Lord Kirkhope of Harrogate (Con)]

My Lords, is it not correct that the people of this country are concerned ultimately with having people removed who are shown to be illegally here? In answer to the noble Lord, Lord Foulkes, when I was the Minister and the Conservative Party was in Government, we concentrated considerable resources on doing just that. I think the people of this country were very happy with that approach.

[Lord Hanson of Flint (Lab)]

I am pleased to inform the noble Lord that the current Government have removed in excess of 16,000 people who have no right to live in this country since we came to office in July last year, and we will continue to do that, but the key to removing people is the speed of assessment, which, to go back to the point made by the noble Lord, Lord Davies, requires individuals employed to assess, test and determine. That is what this Government are focusing on: removals, speeding up assessment, and in the meantime, to go back to the original Question of the noble Lord, Lord Young, trying to find a way to save the taxpayer money on the costs associated with that temporary period when no determination has been made.

Defending Democracy Taskforce

Lord Kirkhope of Harrogate Excerpts

Monday 6th January 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I hope I can help my noble friend by saying that there is a dual approach to this. Safeguarding is obviously important. There are many young people who can be drawn into potential terrorist activity at a very early age, and it is important that we treat those people as young people but also recognise the influences given to them. The Government’s Prevent strategy is also about making sure that we identify where serious intervention is needed to prevent potential radicalisation. We keep all those options open. That is important because we do not want to create a cadre of future terrorists, be they from whatever wing of terrorism activity. I have seen and witnessed young people who have had extreme right-wing, Islamist and other forms of radicalisation against gay and homosexual individuals. None of that is acceptable, and we need to identify how we best intervene to prevent that activity occurring.

[Lord Kirkhope of Harrogate (Con)]

My Lords, with the development of AI and social media, is the Minister satisfied that the present defamation laws in this country are adequate to deal with those threats?

[Lord Hanson of Flint (Lab)]

If the noble Lord will allow me, I cannot confess at this Dispatch Box to be an expert on current defamation laws, but I understand, potentially, where he is coming from on this issue. Let me just say that everybody is entitled to freedom of speech and to their view, but when lies and mistruths are portrayed by individuals, it is right and proper that individuals respond in a robust and effective fashion. That is what this Government intend to do in relation to any lies portrayed against individuals or members of the United Kingdom as a whole.

Product Regulation and Metrology Bill [HL]

Lord Kirkhope of Harrogate Excerpts

Committee stage
Wednesday 11th December 2024 Grand Committee

[Lord Holmes of Richmond (Con)]

My Lords, it is a pleasure to take part in today’s Committee proceedings on the Bill. In doing so, I declare my interests as set out in the register, not least my technology interests; in particular, I have advised and socially recruited for an AI business.

In moving Amendment 52, I shall speak also to Amendments 53 and 79 in my name. These may seem disparate and interestingly grouped together, but they have three things largely in common. There are three of them, I wrote them all and, most importantly, they are all underpinned by the potential of having a golden thread of inclusion and innovation running right though them.

On Amendment 52, I am looking for the Government to consider a metrology standard around supply chains, which are notoriously opaque. If you try to go beyond even one step back in any supply chain, things start to get a bit fuzzy. As a result of the technologies now available to us, however, there is the potential to unite in real time physical goods, legal documentation, financial documentation and all customs documents. More than that, there is the potential to link all the environmental factors, not just of that supply chain but of the goods and services involved in it, right from the point when they were brought into being. This is another example of the extraordinary power of the new technologies and what the data that underpins them can bring in driving economic as well as social benefits, while under- pinning environmental benefits as a consequence. What is the Government’s position on how we could look at developing such a standard for the supply chain, which would be beneficial not just in each specific supply chain—for all those businesses and entities involved—but right across our society and economy?

Amendment 53 looks at large language models—the foundational models that have had so much publicity and focus, not least in the last two years. As with Amendment 52, I suggest the development of a standard around LLMs and consider the achievement of that standard to enable access to the UK market and economy. Again, that would be beneficial to consumer and citizen, and social, economic and, yes, environmental benefits could all flow from it. It is important to consider not only the economic and environmental costs of developing those foundational models but their usage, every time somebody asks one of these models—we all know their names—a query about those costs. All that would be worth considering in the development of a standard. On the specifics of some of the data used in the development and training of those models, we should look at the IP and copyright issues and consider the legislation and whether the LLMs would fall into the category of an article for the purposes of the copyright Act.

I should be interested in the Minister’s view on the specifics within that amendment and the benefit that could be gained from the development and work—even if a standard was not the final output—to be done around these models, and the levels of understanding and public awareness that could flow from such a piece of work.

Amendment 79 suggests the development of a standard: inclusive by design, or IBD. Be one young, old, a disabled person, or somebody from any socio- economic group, geography or city, putting IBD in a product benefits everybody by the very nature of that inclusion. There are two parts to this. First, all new products should be developed and deployed as inclusive by design. That should be self-evident and relatively straightforward to bring about. Secondly, and perhaps as important, largely because it is less discussed, there is what happens when a product has previously been inclusive and accessible but then, as a result of a change, an update or a new product rollout, becomes inaccessible and exclusionary.

It is probably best to draw this out through example. Consider the card readers that we all use to pay for goods. For many years, they were inclusive to me as a blind person and to all members of society, not least through the simplest elements of raised keys and a dot on the “5” key. I would know exactly where that was and I, inclusively and independently, could put my PIN into the card machine. Then we saw the rollout of completely flat-screen card payment machines. They are not inclusive or accessible, and of no use to me and millions of people up and down the country who, prior to that product rollout, could have inclusively, independently and—crucially in this context—secretly made their payments. What option is there now, if presented with a flat screen machine? Should one whisper, sotto voce, “4982”? That is not my PIN number. Even if it were, the paucity of funds in the account renders it worthless for noble Lords to remember. Or should I give my card to a friend or ask the person in the store to make the payment under those terms?

None of that is inclusive, independent, secret or in any sense dignified for a citizen in 21st century Britain. Amendment 79 is all about looking into the development of a standard, inclusive by design. Imagine what we could do right across our society and economy. Think about the debate, discourse and discussion, and the positive input that the development of this standard could have across this country, and then connecting right around the world. Such a positive piece of work could drive benefits, business, economic opportunities and social inclusion. It would be good for citizens, business, innovators, investment and our country.

I look forward to the Minister’s response. I hope it will be seen as a positive piece of work that could easily be picked up and rolled out by the Government. I very much look forward to the debate. I beg to move.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I always like the opportunity to hear my noble friend Lord Holmes because his amendments mostly very much appeal to me. Today’s Amendment 79, to which he has just spoken so eloquently, certainly appeals to me, and I just wanted to add a few words.

I am responsible, for my sins, for the Parking Act 1989, which I am sure noble Lords will spend a lot of time reviewing and considering. The nature of that Act was for the first time to allow parking to take place in this country in a way that did not exclusively require the use of cash. We were slightly ahead of the game at the time, because I think we had only Barclaycards and not telephone exchanges that you could ring into to park your car. All these things have come about because of that simple Act.

I share the frustrations of my noble friend Lord Holmes when we look at how so many things nowadays are developments of such initiatives but without taking into account the great importance of trying to be as broad as possible in their appeal and use. A good example of that was given by my noble friend. There are many machines—I know he has expressed his frustration before about cash machines—and other products, in the general sense, that cannot be accessed by people with disabilities, or where there is insufficient explanation of how they can be implemented. I very much support his ideas about inclusive by design and see no reason why, in the 21st century, we cannot be more enlightened about this. It seems unnecessary for it to have to be raised in this way regularly in legislation that we pass in Parliament, but here we have a marvellous opportunity for the Government—the Minister is looking very excited about this prospect—to introduce, in a legitimate area of the Bill, something that will really make lives much better for those with disabilities through product development. I very much support Amendment 79.

Product Regulation and Metrology Bill [HL]

Lord Kirkhope of Harrogate Excerpts

Committee stage
Monday 25th November 2024 Grand Committee

I am concerned that an extension of EU product law, such as the example I just gave, to a wider range of goods than those now covered by CE requirements will stifle innovation, growth and development in our sectors, with these consequences: giving overseas competitors advantages in the UK’s domestic market; making compliance and regulation too complex and costly; depressing market share; decreasing consumer choice; and raising prices at home and abroad. It will have an adverse impact on the potential of our businesses to grow, expand and export. For that reason, putting the growth object first in the Bill—my noble friend Lord Sharpe urges this, as do I in my amendment—will help contain the wider excesses of a political tendency to follow blindly where EU law has led. This was done with effect in Section 26 of the Financial Services and Markets Act, which we passed last year, where a competitiveness and growth object was included for the regulator. However, my amendment puts the duty directly on the Government of the day to legislate for good outcomes and growth in a manner that will help the UK and promote growth.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I came here full of hope and expectation this afternoon; indeed, I even indicated to my noble friend Lord Sharpe that, on this occasion, I was here to support his Amendment 11 and Amendment 11A in the name of my noble friend Lady Lawlor, because, as one reads them on the page, they seem to have a lot of merit. However, I regret that, as my noble friends have spoken, they have in their speeches used these amendments to diminish the importance of our major market in Europe and our relationship with the European Union. Noble Lords will be delighted to know that I am not, therefore, going to concentrate any further on those matters but shall instead turn immediately—to my own relief and that of those parties—to Amendments 104A and 124A.

I want to refer in particular to sandboxes, a very interesting area that most members of the public probably do not have a clue about, other than from their visits to coastal regions during the summer holidays. Of course, sandboxes are terribly important in the context of this Bill. My noble friend Lord Sharpe was right to allude to them and to say how important they are; indeed, there are already in place regulations referring to their use, to how IP can be protected, as has been mentioned to me, and so on. However, I want to broaden this issue out a tiny bit. In winding up on this group, can the Minister clarify the way in which sandboxes are protected and how, from the point of view of UK plc, we can make use of them without danger either to the thinking that goes into innovation in them or to the overall position of this country apropos markets, wherever they may be in the world?

I am particularly interested—I know that other noble Lords present this afternoon may well speak on this—in sandbox use in the development of technology and AI. This is an area in which this country has every opportunity to lead the world. Certainly, sandboxes are one way that one can experiment and bring in new ideas without the risk or danger of them being exploited by others, against the interests of this country. I merely say that I support Amendments 104A and 124A, in the principles that they debate, but I would like the Minister to clarify how we can bring together sandboxes, in whichever field they may be deployed, to the benefit of the country.

[Lord Lansley (Con)]

My Lords, I apologise that I was not able to be with the Committee on its first day, nor will I for much of this afternoon, but I look forward to returning for my amendments on Wednesday. I support my noble friend Lord Sharpe’s amendment.

When we debated the regulation of medical devices in the Medicines and Medical Devices Act 2021, we established that safety and safeguarding public health was its overriding objective. However, we went on to say in what is now Section 15(3) of that Act that in considering whether regulations should be made, and whether they would contribute to the objective of safeguarding public health,

“the Secretary of State must have regard to”—

I commend that language to my noble friend, rather than “must support”, which I think takes it a bit far and creates conflicting duties—

“the safety of medical devices … the availability of medical devices … the likelihood of the United Kingdom being seen as a favourable place in which to … carry out research relating to medical devices … develop medical devices, or … manufacture or supply medical devices”.

I draw attention to the third of those. The structure of the existing legislation on the product requirements for medical devices already incorporates an expectation that we consider economic activity, economic growth and our comparative position in the manufacture or supply of such products. I say to my noble friend that that is an alternative formulation which thoroughly supports, through the precedent of a very closely related area of regulation, the idea that economic activity of that form should be part of the consideration of whether and how regulations should be made.

--- Later in debate ---

[Baroness Freeman of Steventon (CB)]

My Lords, I shall speak briefly to Amendment 75, which was very eloquently introduced by the noble Lord, Lord Holmes. My academic background is in the research of communication and how people make decisions based on information that they are given. That touches quite a lot on how people assess the reliability and trustworthiness of data.

Amendment 75, on the labelling of AI-based products, includes a proposal about communicating the data used in the training of the AI. I think it is really important that people who have products that provide information on which they might be making decisions, or the product might be acting, are able to know the reliability and trustworthiness of that information. The cues that people use for assessing that reliability are such things as the size of the dataset, how recently that data was gathered and the source of that data—because they want to know if that data, to use the example of the noble Lord, Lord Holmes, is on American cheeses, British cheeses or Italian cheeses, all of which might need a different temperature in your fridge. I urge the Minister to look at this, because the over-trust or the under-trust in the outputs of data make such a difference to how people respond to products. I think this is very important.

[Lord Kirkhope of Harrogate (Con)]

My Lords, as one of the unfortunate authors of the GDPR, I am very interested to hear the remarks that have been made about possible abuse of the use of data. First, I thank my noble friend Lord Holmes very much for his amendments because, obviously, without proper consideration of the effects in technology and the fast-moving developments of AI, no legislation, particularly the sort of legislation, will really pass muster, so I support his amendments very much.

However, as far as GDPR is concerned, we brought into all of that a term that many of our European Union friends were not going to include at the time: proportional. In relation to how we deal with alleged data abuse, whether or not it is simply a question of small areas of data that have been used for good purposes or otherwise, it is important that we remember at all times that the heavy hand must be looked at carefully and that proportionality must always be remembered as being relevant to the way in which we deal with the use of data.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank my noble friend Lord Holmes for his superb introduction to this group. I also thank the noble Baroness, Lady Brinton, for confirming my suspicion of dentists.

I shall speak in general terms because I cannot improve on the eloquence with which my noble friend Lord Holmes put his arguments. To return to the point, these amendments illustrate the limitations of Clauses 1 and 2, I am afraid. These amendments have considerable merit on a stand-alone basis but, in aggregate, they—Amendments 75 to 78 in particular—would in effect seek to define artificial intelligence. This is obviously a fast-moving and rapidly evolving subject; frankly, it deserves a national, never mind parliamentary, debate, as my noble friend Lord Holmes eloquently argued. AI will clearly demand definition and regulation, as the noble Lord, Lord Foster, rightly pointed out. Philosophically, I am not even sure that it qualifies as a product in the traditional sense; frankly, what is in this Bill suggests that we do not really know.

I cannot help thinking that some of the arguments made by the noble Lord, Lord Leong, in our debate on the previous group reinforce this point to some extent. AI can be benign, obviously, but the same application might not be. So, how do we define risk in these terms, even if it regards only the temperature of cheese? I therefore question whether this Bill is the right vehicle for these amendments or whether AI deserves a stand-alone debate and argument. The fact that they are in scope again illustrates, as I said earlier, the inherent weaknesses of Clauses 1 and 2. They are too broad and lack definitions. Ideally, they should be removed; at the very least, they should be extensively rewritten and tightened. I hope that the Government will listen but, if they do not, I will certainly have conversations with my noble friend Lord Holmes about what we shall do next.

International Law Enforcement Alerts Platform

Lord Kirkhope of Harrogate Excerpts

Monday 2nd September 2024 Lords Chamber

Asked by

[Lord Kirkhope of Harrogate]

To ask His Majesty’s Government what assessment they have made of the implementation of phase 2 of the International Law Enforcement Alerts Platform (ILEAP) and the progress towards reaching a data sharing agreement with the European Union.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

The Government are committed to resetting the UK’s relationship with the EU, as set out in the Government’s manifesto. This includes seeking a new security agreement with the EU to ensure access to real-time intelligence. This could be an opportunity to expand the existing I-LEAP service to enhance mutual capabilities for alert exchange with trusted international partners, as was envisaged in phase 2 of the I-LEAP programme in the first place.

[Lord Kirkhope of Harrogate (Con)]

One of the problems and one of the results of our leaving the European Union was, of course, the complete removal of the automatic exchange of data between our criminal enforcement authorities. This put our country’s security in great danger. The previous Government’s initiative with I-LEAP has got off the ground, but it is not a proper replacement for SIS II, which was the way in which we conveyed such information previously. I therefore ask the Minister to put a lot of emphasis and priority on restoring the position of this country and its relationship with those with whom we need to share data to deal with criminality and terrorism.

[Lord Hanson of Flint (Lab)]

The noble Lord is absolutely right that the loss of SIS II was very disconcerting, both for our European partners and for us. Many of us, including me, warned about that aspect before we left the European Union in 2019-20. The noble Lord makes the very important point that the current I-LEAP programme is about making sure that we now have 46 police forces involved in real-time data exchange. We will look at how we can expand that to the mutual exchange of data in the long term. My right honourable friends the Prime Minister and the Home Secretary have been very clear that we need to secure a new security agreement with the EU, as is committed to in the manifesto. That means looking at the whole range of issues, including how we can protect our own citizens and European citizens in the most effective way.

King’s Speech

Lord Kirkhope of Harrogate Excerpts

Wednesday 24th July 2024 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, in welcoming the new Ministers I want to address two critical issues highlighted in the King’s Speech. One is irregular migration, the other the state of our criminal justice system. But I also want to mention the relevance of data and AI in our security. These matters are of utmost importance and all demand collective attention and action.

On the pressing issue of irregular immigration, as the Immigration Minister between 1995 and 1997 I deployed policies that I described as firm but fair, so I welcome the new Government’s collaborative approach in our relationship with the EU. The recent European Political Community summit at Bletchley Park with European leaders marks a positive shift in tone. As someone who never liked the Rwanda scheme, I am encouraged by the Government’s commitment to explore a number of the alternative tools to stop the boats, some of which, to be fair, were already being implemented by the previous Government. Irregular migration is not unique to the UK; it is a global challenge that requires a co-ordinated response. Our European neighbours face similar pressures, and it is only through co-operation that we can find solutions.

The Government must work hard with the EU to reach a returns agreement. My experience as one of the architects of the Dublin conventions, which have been referred to previously—I am the first to admit that they had flaws—has taught me that such agreements are complex but essential. Perhaps we should look at the EU-Turkey deal, which reduced boat crossings by over 90%. The reference earlier today by my noble friend Lord Howard, who was Home Secretary when I was Immigration Minister, to the deal we reached with the French is salutary. This model could inform the Government’s whole approach and help mitigate the migration crisis.

I must stress the importance of careful language. Conflating immigrants and Immigration Rules, where the Government have great freedom and discretion on who to admit to our country, with asylum seekers, who are protected under international law, can lead to harmful misconceptions and undermine humanitarian obligations. These are distinct categories, each with unique needs and rights, and must be treated as such.

Regarding our criminal justice system, there are significant strains. I believe it is imperative that we reassess our approach to crime. The proposed Bill that aims to grant police new powers to tackle anti-social behaviour and make assaulting shop workers a specific offence is certainly a step in the right direction. However, we must also address the root causes of crime and consider broader reforms to our system. This must include investing in rehabilitation programmes, improving prison conditions and ensuring that our sentencing policies are effective. In that, I am delighted that the noble Lord, Lord Timpson, is in his place and well placed to assist in this.

In today’s dangerous world, we really need effective ways of combating serious international crime. It is my deep regret that the United Kingdom no longer has full access to the Schengen Information System, SIS II. The vital database contains palm prints, fingerprints, facial images, DNA data and alerts on vulnerable or missing persons. Our European Affairs Committee in this House reported that, in 2019, the UK police checked SIS II 603 million times, and the loss of access to this resource hampers our law enforcement capabilities. I urge the Government to expedite the rollout of the I-LEAP programme and explore avenues for the UK to regain access to this crucial database.

Then there is the burgeoning field of artificial intelligence. I note that this is not strictly part of the home affairs brief, but it ought to be. As technology evolves quickly, it is crucial that we have regulatory frameworks that are not only comprehensive but adaptive. Smart regulation is a key to ensuring that we keep pace with technological advancements while safeguarding public interest and protecting rights. Criminal elements are already active. My experience in helping to shape the GDPR when I was an MEP has shown me the importance of having adequate protections in place. The GDPR set a global benchmark for data protection, and we must have similar standards here in AI regulation. AI holds immense promise. However, it also poses risks such as biases in decision-making algorithms, threats to privacy and misuse for criminal or terrorist advantage. We must harness the benefits of AI while mitigating its dangers.

These issues are complex. They require thoughtful and proactive approaches, which I very much hope the Government will display.

Ukrainians: Visas and Further Support

Lord Kirkhope of Harrogate Excerpts

Monday 4th March 2024 Lords Chamber

Asked by

[Lord Kirkhope of Harrogate]

To ask His Majesty’s Government what plans they have to extend visas for Ukrainians which are due to expire after 3 years, and what further support they intend to provide to Ukrainians in the United Kingdom.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, to provide future certainty, on 18 February the Government announced that existing Ukraine scheme visa holders will be able to apply for permission to remain in the UK for an additional 18 months under a new Ukraine permission extension scheme, which is set to open in early 2025 before the first Ukraine scheme visas start to expire in March 2025.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I had the honour of being a Minister involved in the Bosnian resettlement scheme in 1996. I am very grateful to my noble friend for that Answer and commend the Government on their actions to offer sanctuary to so many Ukrainians. I also pay tribute to the many families and organisations under the Homes for Ukraine scheme who have hosted and helped those displaced people, including colleagues in this House and Members of the other place. However, the visas granted envisaged a shorter conflict than the one we unfortunately have, so will my noble friend assure the House that everything will be done to make necessary renewals as straightforward and stress-free as possible for those currently in receipt of our hospitality?

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for those remarks and join him in praising the generosity of the British public over the three bespoke Ukraine schemes. The UK has welcomed or offered sanctuary to more than 280,000 Ukrainians and their families fleeing the war in Ukraine. Together with our partners and allies, the Government stand in solidarity with Ukraine and will show that those who need our help are still warmly welcomed. It is right that we continue to adapt and develop the visa routes to ensure that they keep pace with the rapidly shifting situation in Ukraine, remaining as efficient and sustainable as possible while providing stability for those welcomed to the UK who need our sanctuary. We will ensure that this is done as efficiently as possible.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Kirkhope of Harrogate Excerpts

2nd reading
Monday 29th January 2024 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My Lords, it is right that we approach this debate with seriousness. Once more, the responsibility to ensure real scrutiny of a Bill rests with our House.

Today, the Government are attempting to rectify what the UK Supreme Court has identified as

“serious and systemic defects in Rwanda’s framework and procedures for processing asylum claims … Its past and continuing practice of refoulement and the changes in procedure, understanding and culture needed”

before Rwanda can be considered a safe third country.

However, the Bill, as it stands, risks entangling us in a complex web of ethical and legal dilemmas that could diminish our international reputation, betray our duty to the genuine asylum seekers, undermine the rule of law and place our courts in an exceedingly difficult position. It risks creating a legislative or legal fiction. Much has been said about the infamous late-night pyjama injunctions, or Rule 39 orders, and the meddling of the so-called foreign courts. Let us be clear: the European Court of Human Rights is not a foreign court; it is a shared court. The UK was instrumental in its establishment and has significantly contributed to its jurisprudence. A British judge sits on the court and British lawyers are involved in its administration.

In Rule 39 orders against the UK, the context is that the court grants only 2% of requests. Last year, there was just one. Also, last year, the court found the UK in violation of the ECHR on only one occasion—the 38th lowest of all member states. Under the Bill, Ministers will have the power to ignore Rule 39 orders. Neither these new powers nor any amendments to the Civil Service Code would alter our international legal obligations. Should a Minister opt to disregard interim measures, this would place the UK in direct violation of its treaty obligations. How can the UK continue to be a global advocate for the rule of law—as many others have said—and honouring international commitments if this happens?

To illustrate the unprecedented nature of such an action, I point out that no member of the Council of Europe has ever taken steps to disregard ECHR rulings or interim measures except Russia, and that is not good company to be in. I am not alone in being perplexed by the inconsistencies that this policy and this Bill will introduce. Our treaty with Rwanda obliges it to adhere to the refugee convention, yet the Bill explicitly exempts the refugee convention and other international obligations from consideration within the UK.

The Government may not thank me for doing so, but I feel compelled to remind the House of the agreement with Rwanda, which included an intent to

“resettle a portion of Rwanda’s most vulnerable refugees”

here in the UK—a process that, as we know, is already under way, with numbers increasing. Even if the plan is enacted and we finally have refugees going to Rwanda, the numbers will be modest, in the hundreds at most. By comparison, in 2023, almost 30,000 irregular migrants entered the UK via small boats.

Even so, it is perfectly fair to ask those of us who dislike these provisions, “How are we going to deal with the rest?” There are many tools available to the Government. We simply need to know which tools to use and how to deploy them better. The Government have actually made progress and I commend them for that. Small boat crossings, as my noble friend the Minister has said, are down by 36% compared to 2022. The grant rate for asylum decisions in 2023 was 67%, down 9% on the year before. When I was Immigration Minister myself it was actually 19%, applying the criteria of the 1951 refugee convention fairly but firmly.

To clear the backlog, the number of staff working on asylum cases has increased significantly, and 112,000 asylum cases were processed in 2023, the most in any year since 2002. The Government have signed an agreement with Albania for removal of their nationals and to strengthen co-operation. To date, 5,500 Albanian migrants have been returned. The deal with France last year has greatly enhanced co-operation between our countries, and further agreements were secured—correctly—with Bulgaria, Turkey, Italy and Georgia. All these tools—and a number of others—have been, and will continue to be, more effective in stopping the boats than these Rwanda proposals. The Government should focus on these instead, and I believe the country would be grateful.

My remarks today stem from a deep sense of regret and disappointment in witnessing how we have become embroiled in what can be described only as an unhealthy obsession with Rwanda. This fixation appears to be an attempt to satisfy certain factions and individuals, who seem to possess neither the depth of understanding nor the nuanced appreciation of the complexities involved in asylum and immigration matters. For them, nothing will be enough—neither the Bill nor ever-more radical ideas. If we are to restore public confidence in our ability to manage our borders, we should focus on the other tools available and avoid the inevitable problems which will most certainly ensue if we persist with these proposals.

Asylum Applications Backlog

Lord Kirkhope of Harrogate Excerpts

Wednesday 6th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I can reassure the noble Earl that we are very much committed to the efficient dispatch of the consideration of asylum claims. There were 78,768 asylum applications in the year ending June 2023, which is higher than at any time since the European migration crisis. The asylum backlog is high because there are so many applications. We entirely appreciate the point the noble Earl makes—that we need efficient dispatch of these applications—and that is why we have made the reforms and the headway with the backlog that we have.

[Lord Kirkhope of Harrogate (Con)]

While the application numbers should, of course, reduce—it is very important for this to be an initiative by the Government —do we not also have to look at the removals of those who fail to meet the criteria under the 1951 convention? Is my noble friend satisfied that we have discussed enough with the countries of origin—I emphasise “origin”—of these applicants that they will take back those who fail to meet those criteria, particularly countries of origin that claim to be free, democratic respecters of human rights?

[Lord Murray of Blidworth (Con)]

My noble friend is entirely right that one of the keys to the asylum process is to remove those whose asylum applications are refused, but in some cases some countries are difficult about taking back their citizens. The Government take very seriously their obligations to seek to negotiate an improvement in those situations. An example of that being very successfully achieved was in relation to the Albanian cohort. As the House will hear later during the Statement repeat, we have successfully removed many Albanians to Albania under that agreement.

Illegal Migration Bill

Lord Kirkhope of Harrogate Excerpts

Report stage
Wednesday 5th July 2023 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, it is always a pleasure to follow the noble Lord, Lord Alton. He makes his case very well. I also share the views of my noble friend Lord Paddick in his discussions with the noble Lord, Lord Alton, that the preference is to get to a place where we can have a broader view. That is where my Amendment 165 is trying to land us—so that we can have a means by which those who seek asylum can have a safe and legal route which is not country-specific. I will return to that in a moment.

I was pleased to listen very carefully to the noble Baroness, Lady Stroud, making her case. I hope that the Minister reflects very carefully on what was presented to him in very measured terms. The currency of commitments by Ministers at the Dispatch Box is not as it was. Therefore, if the noble Baroness presses this amendment to the vote, these Benches will support her. We need in this Bill a commitment that there will be safe and legal routes, so it will be very important.

Before I turn to Amendment 165, I will speak briefly to Amendment 167 on family pathways, tabled by my noble friend Lady Ludford, who cannot be here today. This is another area where the absence of a pathway for family reunion has a perverse incentive that draws people towards smuggling and therefore the dangerous channel crossings, as well as preventing the accelerating of integration in the UK of those family members. Refugee family reunion is particularly important for women and children, who make up 90% of those who are granted visas. The damage that this Bill will do is substantive. I hope that the Minister can reflect on that point and give a proper response.

Amendment 165 is a version of an amendment that I tabled in Committee. The Minister challenged me to try to present some figures on its impact. I told him that I would be able to present an estimate of its impact, after reflecting on the Government’s impact assessment. This impact assessment has been debated a lot since we were given sight of it—including the boxes for government estimates of costs that remain blank. But one thing that is certain, and which I can say with assurance, is that the protected claim route for a safe and legal route under this amendment would be cheaper to the British taxpayer than the costs of detention and removal detailed in the impact assessment. Indeed, as the children’s impact assessment said, a safe and legal route would be a means by which we would have an effective way of protecting children.

There can now be no doubt that the route the Government are seeking to go down in the Bill is the most expensive for the taxpayer. We have to find ways to have a safe and legal route that is not country specific and that has considerable thresholds and conditions, high enough not to need a quota but sufficient to allow those under the greatest level of persecution to secure access and a route for a protected claim to the UK. Of course, the critical aspect is that that would be valid only if there is consideration of it being a successful cause. That is possible and the costs would be lower.

I hope the Minister can also give positive news on what the Government expect a safe and legal route that is not country specific to be. In Committee, I asked the Minister about the status of what we have at the moment, which is a safe and legal route that is not country specific—the UK resettlement scheme through the UNHCR. I do not need to remind the House that that scheme is demand led and operates on the basis of information provided by local authorities, acting in isolation or in a regional group and stating that they can accommodate and resettle those who are seeking asylum via the UNHCR. That is the existing means; it is problematic and expensive, and my amendment seeks to improve it.

The major deficiency at the moment is what the Independent Commission for Aid Impact said in its review of the Government’s use of overseas development assistance funding for the UK resettlement scheme: the UK Government asked the UNHCR not to make any referrals to the UK unless they were from Afghanistan. I have asked the Minister twice now—I did again in Committee—whether this was the case. The Minister replied:

“I do not have that detail to hand so I will go away and find that out and write to the noble Lord”.—[Official Report, 14/6/23; col. 1981.]


If the theme is taking Ministers at the Dispatch Box at their word, presumably the Minister went away and found out whether that was the case. He has not written to me, so I expect the answer when he winds up on this group today. He really needs to tell us, given that he told me that he would in Committee. That is on the record in Hansard, so I look forward to the Minister stating whether that is the case.

The other aspect on which we need clarity is that the Minister has said that any new safe and legal route will depend on the capacity in local authorities. That capacity is both demand led and need led. Local authorities can offer space for the UK resettlement scheme through individual councils or strategic migration partnerships, so the Home Office must have a current estimate of the level of capacity of local authorities through the strategic migration partnerships receiving through the UK resettlement scheme. I would be grateful if the Minister could clarify that point.

The second is that the Home Office provides tariff funding for local authorities, either individually or as a group, for those being resettled. My concern with the government proposal, and why we need clarity in the Bill, is that the Government could state that there is no capacity in local authorities, not because a local authority has said that it does not have capacity but because the Government have reduced its tariff funding. So they can flick the switch: they can state there is no capacity because they are unwilling to give a tariff support.

As we know, at the moment, community sponsorship is part of the UK resettlement scheme. The Government consider it a safe and legal route, and we have seen it so wonderfully in the Ukrainian scheme. But the Government seem very loath to test the community sponsorship scheme for other people who are seeking asylum. I am certain that it would not be easy and that there would be consequences. But if those in this country of ours were asked in a community sponsorship scheme for young people who are potentially at direct risk in Iran and Sudan, and if they met certain thresholds and the scheme could operate a protective claiming element to them, I am certain we would be able to find the capacity that we needed.

Finally, with all the Government’s assurances, we see the deficiencies in their current approach in live time. Judicial review is about to start in Northern Ireland on the Government’s evacuation from Sudan. I declare the interest of my activities within Sudan and the civilian community there. The review is asking why the Government have provided support for those from Ukraine but is refusing it for those from Sudan on exactly the same basis. I am afraid that we cannot rely on this Government to have individual schemes. Therefore, we need safe and legal routes and a commitment in the Bill. We cannot simply take the commitments from the Dispatch Box. This needs to be in law.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I put my name to Amendment 164. I will speak strongly but briefly in support of my noble friend Lady Stroud. I spoke to this matter in Committee. What a disappointment it is that the Government and many of their spokesmen have made it perfectly plain that they are going to introduce safe and legal routes but, as others have said, without any clarity at all as to what they mean. Indeed, I have been saddened to hear a number of people in the other place confusing a safe and legal route with a programme of the United Nations, which is a separate matter altogether, aimed at specific countries in the world.

As I previously stated, I was responsible as a Minister for the United Nations Bosnian refugee settlement scheme in the 1990s. This country can be very proud of that scheme, but it was organised very much internationally and we played a noble part. If the Minister is mixing it up—I do not think that he is—or if the Government are, and thinking that these schemes will satisfy this particular area, they are mistaken.

I also put it very quickly to my noble friend that, prior to 2011, and certainly in the time that I was Minister, we had at our embassies and consulates around the world provision for dealing with applications for asylum to this country. This spread out the ability to grant asylum very widely. In view of the fact that there are so many countries of the world that claim to be freedom-loving and democratic but where individuals and groups of people have prejudice shown against them, would it not be sensible—and take the pressure off the masses who might arrive in the channel, for instance—if we were to have a much wider approach restored in our representations around the world, as we used to have?

I ask my noble friend this in all seriousness because, although we are not specifically requesting it in this amendment, I think it would satisfy us if the Government were to agree to that or at least to look at it again. It would save considerable resources and go some way to restoring the Government’s credibility in relation to the Bill where, I am afraid, despite many wise and sensible suggestions by this House, the Government seem outrageously unable to accept anything that we are suggesting. So I put it to my noble friend: please let us look at this again and, in the meantime, please make sure that Amendment 164 is accepted by the Government, in view of the fact that they have spoken so strongly in favour of it in other places.