Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Murray of Blidworth and Lord Stewart of Dirleton

Committee stage
Monday 19th February 2024 Lords Chamber

[Lord Stewart of Dirleton (Con)]

My Lords, in view of the hour and the information which I have to hand, and given the stark terms in which the noble Lord expresses himself, that might perhaps be the better course.

[Lord Murray of Blidworth (Con)]

Is it not the case that the answer to the question of the noble Lord, Lord Anderson, is that it depends? We know from the Policy Exchange paper and many other sources that there have been many cases where Rule 39 indications have not been complied with by states parties, including France, Italy, Albania and Slovakia. It all depends on the circumstances, does it not?

[Lord Stewart of Dirleton (Con)]

I am grateful to my noble friend but the answer “it depends” renders the matter, to a certain extent, even more complicated and emphasises the number of considerations that I will have to take into account in writing to the noble Lord, Lord Anderson of Ipswich. While I am grateful to my noble friend for his contribution, my undertaking to write to the noble Lord remains in place.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord Stewart of Dirleton

Committee stage
Wednesday 14th June 2023 Lords Chamber

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

Yes.

[Lord Stewart of Dirleton (Con)]

I am grateful to the right reverend Prelate and my noble friend Lord Murray. I did indeed mean that, and I apologise. However, if I may, I will stay with the right reverend Prelate, because he opened the debate on Amendment 139A, which deals with data sharing in relation to victims of crime.

I understand fully the sentiment behind the amendment. The whole Committee, and indeed the whole House, can agree on the need to protect all victims of crime, regardless of their immigration status. As the right reverend Prelate will be aware, guidance issued by the National Police Chiefs’ Council, updated in 2020, makes it clear that victims of crime should be treated as victims first and foremost.

The NPCC guidance provides that police officers will not routinely search police databases for the purpose of establishing the immigration status of a victim or witness or routinely seek proof of their entitlement to reside in the United Kingdom. In addition, police officers must give careful consideration, on a case-by-case basis, to what information they share with the Home Office and when to do so. The reasons for sharing information must be recorded and the victim advised as to what has been shared and why. Noble Lords will appreciate that I am setting up a paper trail of responsibility. I should stress that any data sharing is on a case-by-case basis, so, to that extent, I respectfully submit to the Committee that subsection (1) of the proposed new clause is misconceived in referring to the “automatic” sharing of personal data.

We should not lose sight of the fact that benefits may flow from sharing information, as it can help to prevent perpetrators of crime coercing and controlling their victims on account of their insecure immigration status. Moreover, providing a victim with accurate information about their immigration status and bringing them into the immigration system can only benefit them.

We appreciate the need to protect women and girls from threats of violence. All that being said, the Committee will understand that the Government are duty-bound to maintain an effective immigration system, protect our public services and safeguard the most vulnerable from exploitation if that might happen because of their insecure immigration status.

Information is shared with the Home Office to help protect the public, including vulnerable migrants, from harm. The need for this was recognised by Parliament in the Immigration and Asylum Act 1999, which permits the Home Office to share information for the purposes of crime prevention, detection, investigation or prosecution, and to receive information for the purposes of effective immigration control. As for the officers charged with fulfilling those duties, Immigration Enforcement has a person-first approach and will always seek to protect and safeguard any victim before any possible enforcement action is taken.

It is important to note that the mere fact that the Home Office is aware that a person does not have lawful status and is an immigration offender does not lead automatically to that person’s detention or removal. The decision on what may be the most appropriate course of action is based on many factors that require a full assessment of the individual’s circumstances, and evidence of vulnerability is an essential part of that assessment.

The public rightly expect that individuals in this country should be subject to its laws, and it is right that when individuals with an irregular immigration status are identified they should be supported to come within our immigration system and, where possible, to regularise their stay. The Home Office routinely helps migrant victims by directing them to legal advice to help regularise their stay. The NPCC guidance provides, I submit, an appropriate framework for data sharing between the police and the Home Office where a victim of crime has insecure immigration status. On that basis, I do not consider the amendment necessary.

Amendment 139B, tabled, again, by the right reverend Prelate the Bishop of Durham, would place on the Home Secretary a duty to give effect to the recommendations of the Chief Inspector of Prisons in so far as they relate to immigration detention accommodation. I start by making the general observation that recommendations by an independent inspectorate are just that: recommendations and not directions. It is properly a matter for the Home Secretary to consider whether in all the circumstances it is appropriate for her to accept and give effect to relevant recommendations by the Chief Inspector of Prisons. We naturally take very seriously all reports and recommendations by the chief inspector and have accepted many practical recommendations to improve our immigration detention accommodation. The Home Office regularly publishes service improvement plans alongside His Majesty’s Chief Inspector of Prisons’ report on its website. However, on occasion, there may be good policy, operational or other reasons why it would not be appropriate to accept a particular recommendation, and it would be wrong to bind the Home Secretary’s hands in the way that Amendment 139B seeks to do. However, I assure the right reverend Prelate and others in the Committee that the duties to report will remain and that the existing inspection framework will apply to any new detention accommodation, as my noble friend Lord Murray said from the Dispatch Box at an earlier juncture of this Committee’s deliberations.

Turning to the point raised by the noble Lord, Lord Scriven, a moment ago, I compliment the noble Lord on his important work in the field of detention, in particular working with persons rendered especially vulnerable by their sexuality. I assure him and the Committee that the Home Office does not ignore, but rather considers carefully, the recommendations which come to it. Independent scrutiny is a vital part of assurance that our detention facilities are safe, secure and humane, and the Home Office carefully considers all recommendations made by the Chief Inspector of Prisons along with the service improvement plan which sets out the action that will be taken by the Home Office, and such a plan is published in response to any concerns raised.

The noble Lord, Lord German, spoke to two amendments. If I may, I will take them out of the order in which the noble Lord put them, so I shall start with Amendment 139FE. I assure the noble Lord that the power in Clause 62 to make consequential amendments to devolved legislation is commonplace. The examples that I put before the Committee are Section 205 of the Police, Crime, Sentencing and Courts Act 2022 and Section 84 of the Nationality and Borders Act 2022.

As the noble Lord knows, it is the Government’s contention that the Bill deals with matters—in this case, immigration—that are reserved to this Parliament rather than to the devolved Administrations. As we see in Clause 27, it may be necessary to make consequential amendments to devolved legislation pursuant to that reserved purpose. The standard power in Clause 62 simply enables regulations to make any further necessary consequential amendments to enactments. The Delegated Powers and Regulatory Reform Committee did not comment on this regulation-making power in its report, and any regulations that amend, repeal or revoke primary legislation would be subject to the affirmative procedure.