Illegal Migration Bill

Lord Ponsonby of Shulbrede Excerpts

Report stage
Wednesday 5th July 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, this has been a wide-ranging debate on a number of issues of substance. I speak briefly to say that, on these Benches, we will be supporting the noble Baroness, Lady Stroud, on her amendment. The noble Lord, Lord Kirkhope, talked about his time in the Foreign Office and the mixing up of UN and national schemes. My noble friend Lord Triesman, who had a similar position to the noble Lord, said he was absolutely right in the way he summed up the position. So, we are happy to support the noble Baroness, Lady Stroud, on her amendment.

There have been a number of speeches that have reflected on the extremity of the situation for many people who want to come here. I thought the noble Lord, Lord Kamall, was very fair in the way he summed up his position in supporting Amendment 164. He introduced his speech by saying he wants to fix little bits of the system to make it work better. I agree with that point, and that can be done through Amendment 164.

I say to my noble friend Lady Kennedy that I too met Anna Politkovskaya when I was a member of the OSCE in the early 2000s, and she was killed just a couple of months after I met her. There are people in absolutely extreme and desperate situations and there are many pressures on the Government—we understand that—but the noble Baroness, Lady Stroud, is doing no more than asking the Government to put what they have promised from the Dispatch Box on the face of the Bill.

[Lord Murray of Blidworth (Con)]

My Lords, this has been an interesting debate. My noble friends Lord Hodgson and Lord Lilley and the noble Lord, Lord Green, made some powerful points, in particular on the presumed impact of some of these amendments on our ability to stop the boats. They also again highlighted the need to link the numbers admitted to the UK through safe and legal routes to our capacity to accommodate and support those who arrive through those routes.

Amendment 162, put forward by the right reverend Prelate the Bishop of Durham, seeks to exclude certain existing schemes from the safe and legal routes cap provision in this Bill. Exempting routes from the cap is not in keeping with the purpose of the policy, which is to manage the capacity on local areas of those arriving through our safe and legal routes. That said, I would remind the House that the cap does not automatically apply to all current or any future routes. Each route will be considered for inclusion on a case-by-case basis. This is due to the individual impact of the routes and the way they interact with the immigration system. This is why my officials are currently considering which routes should be within the cap and this work should not be pre-empted by excluding certain routes from the cap at this stage. I also point the noble Lord, Lord Kerr, to the power to vary the cap, set out in the Bill, in cases of emergency.

Amendment 163 would see the United Kingdom establish a new route for those who are persecuted on the basis of an individual’s protected characteristics—advanced by the noble Lord, Lord Alton. This would be a completely new approach to international protection that goes far beyond the terms of the refugee convention. At present, all asylum claims admitted to the UK system, irrespective of any protected characteristic, are considered on their individual merits in accordance with our international obligations under the refugee convention and the European Convention on Human Rights. For each claim, an assessment is made of the risk to the individual owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion. Critically, we also consider the latest available country of origin information.

Under the scheme proposed by the noble Lord, Lord Alton, there would be no assessment of whether, for the individual concerned, there exists the possibility of safe internal relocation, or whether the state in which an individual faces persecution by a non-state actor could suitably protect them. As well as extending beyond our obligations under the refugee convention, this amendment runs counter to our long-held position that those who need international protection should claim asylum in the first safe country they reach—that remains the fastest route to safety.

Amendment 164, tabled by my noble friend Lady Stroud, seeks to enshrine in law a requirement to bring in new safe and legal routes within two months of the publication of the report required by Clause 60 of the Bill. This puts the deadline sometime next spring. I entirely understand my noble friend’s desire to make early progress with establishing new safe and legal routes, but it is important to follow proper process.

We are rightly introducing, as a number of noble Lords have observed, a requirement to consult on local authority capacity to understand the numbers we can effectively welcome, integrate and support arriving through safe and legal routes. We have committed to launching such a consultation within three months of Royal Assent of this Bill, but we need to allow local authorities and others time to respond and for us to consider those responses. We also, fundamentally, need to make progress with stopping the boats— stopping the dangerous crossings—to free up capacity to welcome those arriving by safe and legal routes.

Having said all that, I gladly repeat the commitment given by my right honourable friend the Minister for Immigration that we will implement any proposed additional safe and legal routes set out in the Clause 60 report as soon as practicable and in any event by the end of 2024. In order to do something well, in an appropriate manner, we must have time in which to do so. We are therefore only a few months apart. I hope my noble friend will accept this commitment has been made in good faith and we intend to abide by it and, on that basis, she will be content to withdraw her amendment.

Amendment 165, proposed by the noble Lord, Lord Purvis, would enable those seeking protection to apply from abroad for entry clearance into the UK to pursue their protection claim. Again, such an approach is fundamentally at odds with the principle that a person seeking protection should seek asylum in the first safe country they reach. We also need to be alive to the costs of this and indeed the other amendments proposed here. I note the comments of the noble Lord, Lord Purvis, on the costs of Amendment 165, but I have to say that I disagree. Our economic impact assessment estimates a stream of asylum system costs of £106,000 per person supported in the UK.

The noble Lord’s scheme is uncapped; under it, there is a duty to issue an entry clearance to qualifying persons. Let us say for the sake of argument that 5,000 entry clearances are issued in accordance with that amendment each year, under his scheme. That could lead to a liability of half a billion pounds in asylum support each year. What is more, as my noble friend Lord Lilley so eloquently pointed out, it would not stop the boats. Those who did not qualify under the scheme would simply arrive on the French beaches and turn to the people smugglers to jump the queue.

Amendment 166 seeks to create an emergency visa route for human rights defenders at particular risk and to provide temporary accommodation for these individuals. This Government recognise that many brave individuals put their lives at risk by fighting for human rights in their countries. These individuals are doing what they believe to be right, at great personal cost. However, when their lives are at risk, I say again that those in need of international protection should claim asylum in the first safe country they reach. That is the fastest route to safety. Such a scheme would also be open to abuse, given the status of human rights defenders, and that anyone can claim to be a human rights defender.

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[Lord German (LD)]

My Lords, I thank the most reverend Primate, because this amendment gives us an opportunity to look beyond the Bill. It is clear from the days and days that we have been debating the Bill that there are severe doubts about whether it will achieve its aims and severe doubts about the way that it is doing it. But we need to look beyond that if we are trying to find something that will beat the situation that we are all going to face in the years and decades to come.

We support this amendment because it sets out a different approach in responding to the global challenges of refugees and trafficking. Global challenges—that is what they are—require global solutions. We just cannot be isolationists. We need to recognise and take responsibility for the impact of our responses in an interconnected global community. We have to work with our European neighbours and global partners, building on frameworks and building new partnerships that should be broad and inclusive, with the active engagement of refugees and victims of trafficking, who can contribute from their lived experience.

In the UK, there needs to be a cross-departmental approach involving real consultation with a range of stakeholders, including local government, our devolved Governments, civil society organisations and international partners, which deliver some of the resettlement and humanitarian responses we have to deal with in this country. Any strategy should include a diversity of routes to safety and a harmonised approach to entitlements and protection once in the United Kingdom, particularly access to integration support. Partnerships with faith groups and their diasporas should be forged to secure good integration outcomes, and refugee family reunion should underpin all the offers of protection that the strategy outlines.

This amendment speaks to a sensible conversation because that is what it is intended to do: to start us on that route of a journey of thinking. There are great people in this House and great wisdom is expressed in a multitude of views, but in the end we are a humane and compassionate country and I would like to see us start on that journey. I recommend the amendment put forward by the most reverend Primate as a way to begin that sensible conversation .

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I would like to open by addressing the speech by the noble Baroness, Lady Stowell. To summarise what she said, one can have a strategy only when one has people’s trust, and this Bill is about stopping the boats; I think that was the gist of her argument. My argument, and the other argument I have heard in this debate, is that even if this Bill achieves its end completely, the most reverend Primate’s amendment would still be appropriate because we still need a strategy as the situation develops over the next 10 years. I think that addresses the point the noble Baroness made.

[Baroness Stowell of Beeston (Con)]

As the noble Lord has referenced what I said, if I may, I shall respond to that point. What we have to understand is that people question our motives now because we have too many times behaved in such a way as to suggest that we do not want to take seriously what they are voting for.

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[Lord Davies of Gower (Con)]

Will my noble friend please ask the question?

[Lord Ponsonby of Shulbrede (Lab)]

I do not question the most reverend Primate’s motives in putting down this amendment. It is a shame that we are ending like this, because it has been a wide-ranging debate about aspirations beyond the Bill. I have certainly never seen an archbishop move an amendment at any stage of a Bill, let alone the latter stages of such a contentious Bill. As the noble Lord, Lord Bourne, said, this has been a passionate and fractious debate; nevertheless, people have raised their eyes—if I can put it like that —to talk about the wider issues we are trying to address through the Bill and into the future. The most reverend Primate’s amendment is about strategy.

My colleague quickly checked on the phone, and I cannot help noting that the noble Lords, Lord Horam, Lord Waldegrave and Lord Green, all voted for the Government in the previous vote and have all indicated that they will be supporting the most reverend Primate in the forthcoming vote. The noble Lord, Lord Horam, is shaking his head; I beg his pardon.

Nevertheless, this has been a remarkable debate, partly for the reason that it has been initiated, and also because it is ending a Bill which has really caught the attention of the wider public. We are dealing with fundamental issues concerning the way we manage our asylum system. The Government and the Opposition acknowledge that there are fundamental problems with the way we deal with these very vulnerable people.

There has been a number of speeches in this debate about Britain taking a leading role in trying to come up with a migration system which addresses these fundamental problems. I have been in this place a long time—some 33 years—and in that time I have been on the OSCE, the Council of Europe and the relevant committees dealing with migration issues. These are fundamentally problematic issues. Here, we are addressing an amendment moved by the most reverend Primate the Archbishop of Canterbury that tries to put a strategy in place, and I invite the Minister to accept it.

[Lord Murray of Blidworth (Con)]

My Lords, I am very grateful to all noble Lords, but particularly the most reverend Primate, for clearly setting out the rationale behind his amendment. Let me say again from the outset, as I did in Committee, that I entirely understand the sentiment behind the proposed 10-year strategy for tackling refugee crises and human trafficking.

The Government recognise the interconnected nature of migration and the need to work collectively. That is why we are already engaged and working tirelessly with international and domestic partners to tackle human trafficking. As I set out in Committee, we continue to support overseas programmes to fight modern slavery and human trafficking, including through the modern slavery fund, through which more than £37 million of funding has been provided by the Home Office since 2016. The work includes projects across Europe, Africa and Asia, a joint communiqué with Albania and a signed joint action plan with Romania, which reinforce our commitment to working collaboratively to tackle modern slavery and human trafficking in both the short and long term. We also engage with the international community on a global scale by working with multilateral fora such as the G7, the G20, the Commonwealth and the United Nations.

Moreover, while I understand the desire for a published strategy, I would not want this to detract from the work already being done to deliver in this way. This Bill is part of the Government’s strategic and interconnected approach to tackling human trafficking and illegal migration. It is the aim of this Bill to tackle the threat to life arising from dangerous, illegal and unnecessary channel crossings and the pressure that places on our public services.

Furthermore, the view of this Government—one which I believe is eminently sensible—is not to create a siloed refugee strategy. As has been highlighted by many noble Lords throughout Committee and Report, refugee crises are complex and something for the entire international community to address. Indeed, migration by irregular routes to the United Kingdom would usually involve individuals travelling through multiple countries, so it follows that, and I agree with many noble Lords that, the United Kingdom cannot tackle this alone. I certainly also agree with the most reverend Primate’s challenge: that the best way to address displacement on this scale is through a holistic approach, utilising, where appropriate, developmental, diplomatic, military and humanitarian interventions. This is what we are already doing, working with our international partners.

During the debate on the previous amendments, I also detailed the United Kingdom’s work in developing the Global Compact on Refugees and our substantial engagement with the World Bank, which I shall not repeat here. However, I wish to stress that we already engage with our international partners through proper channels and will continue to do so.