Border Security, Asylum and Immigration Bill

Debate between Lord Lemos and Lord Harper

Committee stage
Monday 8th September 2025 Lords Chamber

[Lord Harper (Con)]

I am very pleased that my noble friend Lord Jackson raised that, because I read that piece this morning and it is part of the reason why I was keen to speak on this amendment. In the debate that was going on this morning, our friend the shadow Home Secretary was challenging the new Home Secretary on this. She hit back and made the point that this permissive power had been in place for some time and had not been used for the reasons that I set out and because of all the other arguments that will be brought forward in government about why you would not want to disturb the relationship between the United Kingdom and the other country that is refusing to take back its citizens. It was interesting to note that the Home Secretary appears a little more seized of using this power.

We are trying to be helpful here because—I do not know, but I suspect—when she has these arguments inside government and expresses her intention to use this power, she will get quite a lot of push-back from the Foreign, Commonwealth and Development Office and from the new Foreign, Commonwealth and Development Secretary, who perhaps may not have remembered that, just a short while ago, she was responsible for these important matters in the Home Office; it is amazing how quickly Ministers forget when they change departments. The Business Department and the new Business Secretary will be making the point about our important commercial relationships. Actually, the new Home Secretary may well welcome the strengthening of her hand that would be put in place by the Government accepting Amendment 199.

When the Minister responds, even if he does not like the specific drafting of the amendment on the Marshalled List today, and given what my noble friend Lord Jackson said about the Home Secretary’s views, I hope that he gives it a fair wind and commits to come back with a government amendment on Report. If he does not, perhaps we will discover that the Home Secretary’s tough words are just that—words.

[Lord in Waiting/Government Whip (Lord Lemos) (Lab)]

My Lords, if the noble Lord, Lord Harper, will forgive me, I will not comment on the consequences of the fall of the French Government on this legislation or any other. My noble friend Lord Hanson has been a Minister for 15 years; I am of a rather more recent vintage, like a cheap wine, so, if the noble Lord does not mind, I will pass on that. But I have not the slightest doubt that it will be the subject of further debate and comment in your Lordships’ House before too long.

Amendment 198, from the noble Lords, Lord Davies and Lord Cameron, proposes a cap on the number of entrants of partners and proposes amendments to the immigration requirements for a partner of a person present and settled in the UK. I will set out the overall position. The Government are very clear that net migration must come down, and the swift return of those with no right to be in the UK forms a key part of a functioning migration system that commands the confidence of the British public. The provision for family members to come to or stay in the UK is set out in the Immigration Rules, so this is not, strictly speaking, the correct legislation for this debate. But the Government’s position is clear: we support the right to family life and we value the contribution that migrants make to our society. As a migrant myself, I am profoundly grateful for the opportunities that I have had in this country. Like so many others, I have an ineradicable respect and admiration for British institutions and values. Perhaps that is why I am here today.

The noble Lord, Lord Harper, talked about the expectations of immigrants. I entirely endorse those remarks but, as an immigrant myself, I should also say that, in large numbers, immigrants are happy and proud to fulfil the expectations that he sets out.

However, this commitment to supporting the right to family life must be balanced, as we all know, by a properly controlled and managed immigration system that commands public confidence. I note that the noble Lord, Lord Jackson of Peterborough, commented on earlier amendments that there is a great deal of consensus on these points. Our immigration system welcomes people from across the globe to come to the UK to join family here, and it is right that we continue to enable family migration.

To ensure financial independence, the family rules include financial requirements. The minimum income requirement is currently set at £29,000. On 10 June, the Migration Advisory Committee published its independent review of the financial requirements across the family route. The report is now under review, and we will consider the recommendations made by the MAC.  The Home Secretary will respond to the review in due course.