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.

Illegal Migration Bill

Lord Kirkhope of Harrogate Excerpts

Committee stage
Wednesday 14th June 2023 Lords Chamber

Human trafficking is an evil practice, and one which violates the dignity and value of its victims. This amendment seeks to encourage development of a longer-term strategy, within which this Bill would be a part, that will go after the perpetrators of the crime, not the victims, and give the United Kingdom the opportunity to lead in seeing decisive and effective international action. We led the way remarkably under a recent Conservative Prime Minister with the Modern Slavery Act 2015. Now we should do the same in an international crackdown on perpetrators. I beg to move.

[Lord Kirkhope of Harrogate (Con)]

My Lords, it is a great honour for me to support this amendment in the name of the most reverend Primate. In opening my remarks I want to say that here we have a Bill called the Illegal Migration Bill. I say that the illegality which we should always address first is the illegality of the people who traffic those who are brought to our country —the criminals that we ought to be searching for, internationally and domestically. That is where the illegality lies, not with these poor people who are suffering and trying to escape from oppression and aggression.

Human trafficking needs immediate attention. It is a grave violation of human rights, and it requires a comprehensive, co-ordinated, well-thought-through and long-term response. That is why I agree so much with this amendment. It is imperative that we recognise the urgency of the matter, and that we take decisive action to protect the vulnerable and to hold those perpetrators fully to account. I hope that this amendment will be reacted to in a positive way by the Government.

I emphasise the critical significance of implementing a long-term strategy, as is proposed. Dealing with heinous crime requires planning, and this amendment, which would require the Secretary of State to develop a 10-year plan, would ensure a sustained and focused approach to tackle it. It is essential that we recognise the urgency and complexity of the issue, and the need for that long-term commitment.

The 10-year strategy also provides us with a framework that extends beyond simple short-term solutions. It will allow us to get involved with thorough planning, resource allocation and evaluation of effort. By adopting such a strategy, we send a powerful message: our commitment to eradicating human trafficking must be unwavering. It demonstrates our recognition that this pervasive crime requires a sustained and co-ordinated response—as I said, both domestically and internationally. Collaboration lies at the heart of the strategy. This amendment emphasises the need for the Secretary of State to work closely with partners elsewhere, particularly —as noble Lords might expect me to say—with our European partners, who are signatories to the European convention against trafficking.

Human trafficking knows no borders. By joining forces with other nations, we enhance our collective capacity to identify trafficking patterns, share intelligence and dismantle criminal networks wherever they may be. Through this collaborative approach, we can strengthen prevention measures and ensure that those involved in trafficking are brought to full justice. It is only through co-ordinated action and shared responsibility that we can provide protection to the victims, disrupt the networks, bring those responsible to justice and eradicate human trafficking from our shores to create a safer, more compassionate society for all. Stop the boats—of course we agree with it, but how do we do it? In my view, this amendment helps us to achieve it.

[Lord Hunt of Kings Heath (Lab)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Kirkhope, and to add my name to the most reverend Primate’s amendment calling for a 10-year strategy on combating human trafficking with our international partners. As he said, the intention of the amendment is to encourage the Government to focus on the long-term, global nature of the challenges we face in relation to migration and to work collaboratively with international partners. The most reverend Primate is right to emphasise the statutory nature of what is being proposed. One hesitates to go through the list of Home Secretaries any Government may have. The need for stability in policy-making in this area and agreement with our international partners is very clear indeed.

Going back to Second Reading, a number of noble Lords, including the noble Lord, Lord Forsyth, were critical of those who were critical of the Bill. They said that we had not produced any coherent answer to the problem that the Bill is meant to address. But in some of the debates over the last few days, the lack of coherence in the Bill, the real unwillingness of the Government to be explicit about their intentions and the lack of an impact assessment, despite Cabinet Office guidance to the contrary, lend themselves to criticism of what seems to be a very short-term, dog-whistle approach. We really need to see an improvement.

The JCHR’s magisterial critique is, of course, outstandingly clear that the Bill will deny the vast majority of refugees access to the UK’s asylum system, despite the fact that there will be many cases for them to enter the UK by safe and legal routes. I thought that the debate earlier today around the definition of safe and legal—or, indeed, the Government’s unwillingness as yet to say what exactly they plan to do, and how they plan for people to receive assessment and, where appropriate, get protection—said it all.

We even have to await regulations, which in the end Parliament will have to accept, for a definition of “safe and legal”. As the noble Lord, Lord Carlile, said earlier, the Government could have come forward today with deliverable measures on this, but they have made no attempt to place concrete proposals for safe and legal routes. As the most reverend Primate has said, we could play a leading role. Instead, we are condemning ourselves to isolation in the international community. This is an international problem, and we have to find an international solution.

That is why the most reverend Primate’s call for a long-term approach is so important. His remarks about dealing with the supply chain at source were very telling, focusing on the traffickers rather than the victims. I hope that the Government listen on this occasion and agree to consider this. In all the unhappiness that this debate has caused because of the provisions in the Bill, surely we must at least hope that we can find a consensual way forward to deal with the real issues instead of coming down hard on these poor, innocent victims.

Illegal Migration Bill

Lord Kirkhope of Harrogate Excerpts

Committee stage
Wednesday 14th June 2023 Lords Chamber

In conclusion, the safe passage visa scheme offers a humane way of stopping the boats and other unsafe means of entering the UK, while maintaining the right to claim asylum and compliance with international obligations. Once it was understood that there was a safe and fair way of travelling to the UK for those with a legitimate asylum claim, which is true of the majority of those who have crossed in small boats, according to the Refugee Council’s analysis of official figures, then the incentive to risk one’s life by putting oneself in the hands of people smugglers would be, in effect, removed. There may be kinks in the scheme that need ironing out, but I am satisfied that it is a serious, pragmatic and humane attempt to solve the problems that this inhumane Bill purports to address. I hope, therefore, that the Minister will take it seriously and agree to meet those proposing it before Report.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I am a signatory to Amendment 128C, and I again declare my former role as an Immigration Minister in this country. I cannot really see, and I hope I am right, that my noble friend the Minister, or indeed the Government, could refuse to accept this amendment, which seems to be completely in line, as my noble friend Lady Stroud said a few minutes ago, with the declared policies and positions of the Government.

However, I want to clarify with my noble friend the whole question of definitions because I think there is a muddle here, as there has been in a number of interpretations by the Government, about what precisely is meant by a safe and legal route. They seem sometimes to be declaring that these include programmes that are organised by others, such as the United Nations. I was responsible for the 1996 United Nations Bosnian resettlement programme. A very important part of the work of this country is working with international agencies and, indeed, in specific cases, funding special programmes so that we can accommodate those who need to flee areas of repression or aggression. I think that is really a good thing for this country, and I hope that we will always take that approach, but that is not the same as providing facilities in wider parts of the world, where perhaps there is not a well-known conflict going on, but where nevertheless there are individuals who meet the criteria of the 1951 refugee convention but have no way to claim asylum in this country.

I just want to go back, if I may, for a moment or two to the history of how we used to deal with this. I am sure noble Lords will know that before 2011 or thereabouts—my noble friend the Minister will clarify—applications could be made through United Kingdom embassies and consulates in other parts of the world.

Indeed, we have been talking about specifying safe and legal routes. I would argue against that to some extent because if we are going to specify on a discriminatory basis certain places where these routes might be opened, we are falling into the same trap that I have just explained. Programmes may well be available through the United Nations or others and therefore if we are going to introduce these routes, they ought to be introduced widely.

The International Journal of Refugee Law from 2004 gives some of the history here. It says that in early 2002 six European states formally accepted asylum applications or visa applications on asylum-related grounds at their embassies. They were Austria, Denmark, France, the Netherlands, Spain and the United Kingdom. It seems to me that things have changed. When we got to 2011 there was a statement—I do not know whether it was made or printed or referred to. It said:

“As a signatory to the 1951 Refugee Convention, the UK fully considers all asylum applications lodged in the UK. However, the UK’s international obligations under the Convention do not extend to the consideration of asylum applications lodged abroad and there is no provision in our Immigration Rules for someone abroad to be given permission to travel to the UK to seek asylum. The policy guidance on the discretionary referral to the UK Border Agency of applications for asylum by individuals in a third country who have not been recognised as refugees by another country or by the UNHCR under its mandate, has been withdrawn”.


That evidence is quite interesting because at some point—and again my noble friend will have it all available to tell us—we made a clear decision to reverse what had been practice for many years. Certainly, when I was the Minister, it was the practice that we had the ability in our embassies and consulates—people who had the discretion to be able to consider at first instance an asylum application. I recommend strongly to my noble friend that we reintroduce this, if for no other reason than to comply with the clear statements the Government have made that we can avoid the arguments and stop those boats by having a process that has a safe and legal route.

Finally, I think I am not alone in this because a number of my honourable friends in the other place have referred to it. I refer particularly to David Simmonds MP, who said:

“We must also not be afraid to look at and explore innovative solutions. For example, we could give asylum seekers the chance to have their applications processed in British Embassies around the world”—


he goes on and I do not quite agree with his last bit—

“or perhaps online”.

As far as I am concerned, to meet the terms of the convention it is important that these things are done on a face-to-face and personal basis. Online does not appeal here, although I am sure the technology is being pressed on us. I certainly would not suggest for one moment that we introduce AI in such decisions. My honourable friend Pauline Latham has also spoken of her support for the processing of asylum claims in British embassies.

I know this is a complex Bill and I have not spoken in Committee before. I believe very strongly, however, that there are solutions here which would satisfy the determination of the Government—and of us all—to stop the suffering of people who cross the channel in those boats. Let us be pragmatic and sensible about it and let us use the resources we have available and are wasting in so many other ways on these matters. Let us use them and focus our attention on providing those safe and legal routes at the very places around the world where the United Kingdom has presence and representation.

[Lord Purvis of Tweed (LD)]

My Lords, I am glad to follow the noble Lord and his very interesting contribution. In many respects, it was a very persuasive argument and, I believe, a very persuasive preparatory argument for Amendment 131 in my name, supported by my noble friend Lord Paddick and the noble Lord, Lord Carlile. It seeks to at least present a mechanism by which we would be able to realise the case that the noble Lord has made. On Amendment 128C, I have a slight concern with the way in which the Government may get around it, which I will address in a moment. At the outset I reiterate an interest that I have, in that I am currently deeply involved in working with civilian groups within Sudan and have supported an anti-trafficking project in the Horn of Africa through to the Gulf.

I am very happy to support Amendment 128B and the way in which the right reverend Prelate opened this debate so clearly today, making the case, which I believe is unanswerable, that the current schemes should not be included within any hard cap mechanism. In debates, many of my noble friends and colleagues around the House have raised the difficulties in getting some of these schemes up and running and, as the right reverend Prelate indicated, the limited scope of some of them. It would have been a tragic loss for many people if we had wrapped up these schemes in a hard cap, because Clause 58, which I argue should not be in the Bill, leaves enormous discretion for the Government. As the Refugee Council indicated, the Government could establish a cap of, say, 10,000 people and would comply with it if just 10 entered. Even a cap, an upper limit, is not a commitment to provide support and refuge for the individuals within that overall cap number.

Amendment 131 is very much designed to be a brake against smuggling and trafficking. It is meant to remove incentives for crime and is, in addition, an effective means of allowing access to apply for the very kind of support that has been called for so far in the debate. On that basis, I also commend my noble friend Lady Hamwee, who made arguments for this in debates on the Nationality and Borders Bill last year. The Government accept the case for a non country-specific emergency scheme for people who qualify for asylum in the UK. However, not only have they accepted the case but they have also, I believe, sought to misrepresent the situation and suggest that it is available already in many instances.

My first question for the Minister is that if it is the Government’s position that they will consider new routes once the boats have stopped, at what level of crossings over the channel will the Government consider that the boats have stopped? Is it in their entirety or do the Government have an indicative level under which they would then trigger the mechanism they have indicated, which is to consider new safe and legal routes? Given that, as my noble friend Lord Scriven has pointed out on many occasions, this is an issue not simply about cross-channel crossings but about road access, rail access and misuse of papers, what is the level of this being stopped before which the Government will indicate new safe and legal routes?

I indicated earlier that the Government seek to misrepresent the situation. On the morning of 26 April, the Home Secretary said to Sky News:

“If you are someone who is fleeing Sudan for humanitarian reasons, there are various mechanisms you can use. The UNHCR is present in the region and they are the right mechanism by which people should apply if they do want to seek asylum in the United Kingdom”.


On the same day, in the House of Commons, the Minister, Robert Jenrick, said:

“The best advice clearly would be for individuals to present to the UNHCR. The UK, like many countries, works closely with the UNHCR and we already operate safe and legal routes in partnership with it. That safe and legal route is available today”.—[Official Report, Commons, 26/4/23; col. 774.]


Clearly, that was awful advice because, on the same day, the UNHCR issued a statement:

“UNHCR is aware of recent public statements suggesting that refugees wishing to apply for asylum in the United Kingdom should do so via the United Nations High Commissioner for Refugees’ respective offices in their home region. UNHCR wishes to clarify that there is no mechanism through which refugees can approach UNHCR with the intention of seeking asylum in the UK”.


The Government seemed to accept that because, in the evening, Foreign Office Minister Andrew Mitchell was on Sky News, and he was asked for clarification on what safe and legal routes a Sudanese person could use to claim asylum in the UK. He said:

“Well, at the moment those safe and legal routes don’t exist”.


So after what was said in the Commons and on Sky News in the morning, after clarification in the afternoon it was clear by the evening that safe and legal routes do not exist. This is the political environment in which we are having to seek clarity from the Minister today with regard to the Government’s position.

Illegal Migration Bill

Lord Kirkhope of Harrogate Excerpts

Committee stage
Wednesday 24th May 2023 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I have only a very brief intervention to make, but I want to speak to Amendment 4. I have two questions for the Minister which I think require serious clarification. First, do the Government accept that the Bill, if enacted, should be implemented in such a way as to comply with the convention rights that are itemised in Amendment 4? We are entitled to know what the thinking of the Government is. Do they intend that the Bill, if enacted, complies with convention rights?

The second question is contrariwise and actually is a suspicion. What is the purpose of the purpose test set out in Clause 1(2)? My suspicion is that the purpose test is designed to displace the convention rights if they come up against the Bill, if enacted. In other words, is the purpose test designed to override convention rights? I think this House is entitled to a very direct answer on both those questions.

For myself, let me make this absolutely plain to the Government. If Amendment 4 is put to a vote at any stage, I shall vote for it, because I believe that this Government and this country should comply with convention rights. If the purpose test is designed to override convention rights, I shall vote against it if given the chance.

[Lord Kirkhope of Harrogate (Con)]

My Lords—

[Baroness Jones of Moulsecoomb (GP)]

My Lords—sorry, we have had quite a lot of Tories, have we not?

[Lord Kirkhope of Harrogate (Con)]

I am sorry, my Lords. I want to indicate that I think all of us in this Chamber wish, as the Government put it, to stop the boats. We all want to stop the suffering of people who are coming to this country in a particular manner at the moment. I am sure those of us proposing amendments all have that very much in our minds.

I support Amendment 4, which bears my name and others, and very much support what the noble Baroness, Lady Chakrabarti, said about it. I refer to my entry in the register of interests as a lawyer and a former Immigration Minister, and I have real concerns about any legislation that appears to threaten the important laws or agreements in place and signed in international forums by this country. I know that there are those who take a divided view between domestic law and international law. There are those who regard treaties, international agreements and conventions which bear the signature of the UK as being less important, and inconvenient when the Government and others promote domestic policies. However, if the Government wish to either disregard or, worse, discard, these obligations, I find that fundamentally unacceptable, and I hope that my noble friend, at least, as a fellow lawyer, would agree.

The Home Secretary has stated that there would be no problem in pursuing her new ideas. Apparently, she stated that she had consulted and secured the support of “the finest legal minds in the country”. As my noble friend knows, I asked at Second Reading whether he would list these minds, in case I wished to pursue some briefing or instruction, but I failed to get an answer to that, so he now has a further opportunity to let us know who the Home Secretary was referring to. The eminent lawyers I have consulted seem fairly confident, as was said by the noble Baroness, Lady Chakrabarti, that no asylum seeker can per se be described as illegal, and this worries me intensely.

At the Reykjavík summit last week, which was referred to earlier, a declaration was signed by all the participating states, including us, which stated great support for the international conventions. It said:

“We recall the increasing challenges of migration and the necessity to fight against trafficking and smuggling of migrants”.


I am sure we all agree with that.

“We commit to intensifying efforts to foster and improve international co-operation in this regard, while continuing to protect the victims and respect the human rights of migrants and refugees, as well as supporting frontline States, within the existing Council of Europe frameworks”.


I could not agree more—and, as I said, it was signed by the United Kingdom. It called for

“building a European legal community of shared values”.

That is something we should all agree with too.

It also referred to the Venice commission, which was referred to by my honourable friend the Member for Henley, John Howell, while this matter was before the other place. It is a legal body that is equipped to deal with interpretation of concerns over conventions, and the rule of law checklist is an inherent function of that body. That reference is important, in my opinion. As has been mentioned, our Prime Minister was very clear in his remarks at the end of that meeting. He was talking about how and why it was so important that our work with our friends on the continent went on to support the

“values of freedom, democracy and the rule of law”.

So I am confident—in fact, I am sure—that my noble friend will not only accept the amendment but will embrace the opportunity it provides to restate this country’s important position in the rule of law and our international relations. Those principles are so important.

I finish my remarks by pointing out that the amendment exemplifies our nation’s traditional unwavering dedication to upholding international law and being part of the development of international law. That is terribly important. By supporting the amendment, we reiterate our commitment to fairness, compassion and the respect for human rights, while remaining cognisant of the complexities and sensitivities surrounding the issue, of which we are all aware. By upholding these principles, we also strengthen our global standing, and that is surely something we ought to embrace ourselves. Whether or not the Minister embraces some of the things we are suggesting, I want to embrace that situation for our country.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I apologise to the noble Lord, Lord Kirkhope. It was an excess of enthusiasm in coming in after the noble Viscount, Lord Hailsham, and actually agreeing with him on something. I agree with the noble Lord, Lord Kirkhope, as well.

At first glance, this looks like an illegal Bill; it certainly looks as if it violates international law and suspends the Human Rights Act. Before I came into the Chamber today, I took some legal advice from a very fine legal mind—apparently a very sought-after Silk—and I was assured that the Bill is not unconstitutional or illegal. I would like to take another opinion on that because, quite honestly, I do not believe it. Even if it is legal—which I do not accept—it violates so many principles that you have to ask: how can we not be ashamed to let a Bill like this go through? It is all very well talking about legalities, but there are also such things as embarrassment and humiliation, particularly on the world stage. I think that is what the Bill offers, as other noble Lords have said.

What we are seeing, not just in this Bill but in other Bills, is the removal of our rights—all sorts of rights: parliamentary rights but also human rights in wider society. We have to be very careful about that. We, in many ways, are seen as the last bastion of humanity and respectability out there. People constantly say to me now, “We really thought the House of Lords was a complete waste of time, but we’ve changed our minds”. It is because we have been fighting this Government and trying to say to them that this is wrong. I think we have to say that this Bill is wrong.

The Government have tried to make us focus on other people. They have othered a lot of people: migrants, trade unions, even nurses, and of course protesters. They are trying to make us think we are providing solutions with a Bill like this, but we are not. We are not stopping the boats. We are not solving any problems with this Bill; we are creating more problems. I support all the amendments in this group. Amendment 3 is too cautious and I would like to see it strengthened, but Amendment 4 is very clear and strong.

Albanian Asylum Seekers

Lord Kirkhope of Harrogate Excerpts

Tuesday 13th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

On the BNO Hong Kong cohort, I do not have the answer, and I will write to the noble Lord in relation to it.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I am very pleased that the Government have reached an agreement with Albania about the large number of Albanians arriving in this country. However, I dispute slightly what my noble friend said about the legality or illegality of asylum seekers. Under the 1951 convention, it is perfectly clear that merely seeking asylum cannot in itself be an act of illegality. It is, however, obvious to all of us, I think, that the illegality about which we are so concerned lies with the people traffickers, smugglers and those forcing often very poor people to come to this country. I urge my noble friend that we must take further action to alleviate that problem.

[Lord Murray of Blidworth (Con)]

I entirely agree with my noble friend: the 1951 convention prohibits the penalisation of asylum seekers. It is the illegal entry—entry without leave—that renders it unlawful under the Act.

X-Rays: Child Refugees

Lord Kirkhope of Harrogate Excerpts

Tuesday 6th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

The international experience would tend to suggest that that is not the case. The position adopted by the department is that age assessment is one option on a menu of options available for the assessment of age; there is no suggestion that the assessment of age will be undertaken, at this stage and in the present state of the science, simply on a scientific assessment.

[Lord Kirkhope of Harrogate (Con)]

Would my noble friend the Minister not agree with me that this has been a problem for a considerable period of time? When I was in the Home Office, we also had difficulties with this matter, but the rules are quite clear: minors are entitled to support in a way that those who are overage are not. So, although it is regarded as being rather unfair to use X-rays, and maybe even dangerous, does my noble friend not agree that at least we have to apply those rules and find ways of applying them that are as fair as possible?

[Lord Murray of Blidworth (Con)]

I entirely agree with my noble friend. I can assure the House that we will ensure that scientific methods are implemented in such a way as to be compliant with the existing regulatory and statutory frameworks governing safety. I entirely agree with the sentiment of my noble friend’s question.

Metropolitan Police: Misconduct

Lord Kirkhope of Harrogate Excerpts

Wednesday 19th October 2022 Lords Chamber

[Viscount Hailsham (Con)]

My Lords—

[Lord Kirkhope of Harrogate (Con)]

My Lords, my noble friend has just rightly said that action should be taken. I think we all agree that those who transgress the high standards in public office should be dealt with and that lessons should be learned. However, is it not also right for us to acknowledge that the vast majority of serving police officers, men and women, serve this country with the highest levels of probity and public service, for which we should be enormously grateful?

[Lord Sharpe of Epsom (Con)]

I could not agree more with my noble friend and I am grateful for the opportunity to pay tribute to the vast majority of our police men and women in the Met and indeed across the whole country. They do a very difficult and often thankless job in often very difficult conditions, and they do it to a very high standard. I thank my noble friend for the opportunity to say that, and I thank those officers. I am sure that they are equally upset by this report’s findings.

Spousal Visas: Processing Times

Lord Kirkhope of Harrogate Excerpts

Tuesday 21st June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Baroness underlines that to have the Ukrainian visa scheme as a priority is absolutely the right thing to do.

[Lord Kirkhope of Harrogate (Con)]

My Lords, my noble friend has answered a question on the length of time for inquiries to be made and for decisions to be taken. This appears to be the case throughout administration in relation to passports, as well as in relation to these matters. If we are now going to totally rely on the number of weeks in which we have to deal with matters, surely we are at risk of cutting corners. Is it not really rather important that we be more concerned with the thoroughness and fairness of the examination that takes place before a decision is taken?

[Baroness Williams of Trafford (Con)]

My noble friend is absolutely right. Of course, those thorough processes were some of the things that noble Lords were asking us to cut corners on right at the beginning of this process. We have not, and we are proud of the thoroughness of our processes.

Migration and Economic Development Partnership with Rwanda

Lord Kirkhope of Harrogate Excerpts

Wednesday 15th June 2022 Lords Chamber

[Lord Kirkhope of Harrogate (Con)]

My noble friend knows my unhappiness with this provision. Indeed, I moved amendments in Committee on the nationality Bill to try to remove offshoring. As a former Immigration Minister, I revealed then that I looked at the possibility of offshoring asylum applications some years ago. After considerable research, I came to the conclusion that it was not a good thing for this country to do.

I am a lawyer, though not in the same league as some of the other speakers today, and my understanding is that someone who claims asylum in a particular country is entitled to the matter being considered by the country in which they claim asylum. In offshoring the whole application, which is not made to the Rwandans but ends up in their hands, how are we complying with the 1951 convention and general international law?

Finally—I am sure that my noble friend will be aware of this—I am most surprised that, once an application has been considered in Rwanda and accepted there, this does not entitle an applicant who initially made that application in the UK to come back to this country. They have to remain in Rwanda, where they have not made any form of application whatever.

[Baroness Williams of Trafford (Con)]

My noble friend refers to the long-standing inadmissibility rule, which states that the asylum seeker should claim asylum in the first safe country.