Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Murray of Blidworth and Lord Kirkhope of Harrogate

Committee stage
Wednesday 14th February 2024 Lords Chamber

[Lord Murray of Blidworth (Con)]

I find it a little odd for the noble Baroness to say that she is criticising the Government for disapplying various provisions of the Human Rights Act, yet criticising us for not, as it were, expressly disapplying Section 4. As we have heard, the reason for not disapplying Section 4 is clear; namely, it demonstrates that the Government are complying with their obligations on the international plane to provide a right of a remedy under Article 13 of the treaty.

[Lord Kirkhope of Harrogate (Con)]

I am sorry, but as I listened to the noble Lord, I was getting the impression that he was agreeing with my amendment to a large extent, except perhaps for my suggestions that we move the process on a bit more and improve the accountability with this House. Is that not the case? He said that my amendment serves no purpose; I think that it serves a very valuable and important purpose to give reassurance to this House that Parliament will have some say on, and be involved in, these processes; otherwise, I think that he is trying to minimise the impact of these matters and the way in which we can look at them.

[Lord Murray of Blidworth (Con)]

I am afraid that the amendment still has no purpose. The point is, as I hope I demonstrated to your Lordships’ Committee, that the decision as to whether and how to act on a declaration of incompatibility is clearly set out in the Human Rights Act, and it rests with a Minister of the Crown. This Parliament does not have a role other than to consider, under the procedure for a remedial order, whether a decision is taken to lay one. That is the law as it stands and as it should be, so this amendment is unnecessary.

Asylum Applications Backlog

Debate between Lord Murray of Blidworth and Lord Kirkhope of Harrogate

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.

Albanian Asylum Seekers

Debate between Lord Murray of Blidworth and Lord Kirkhope of Harrogate

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

Debate between Lord Murray of Blidworth and Lord Kirkhope of Harrogate

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.