Illegal Migration Act: Northern Ireland

Debate between Lord Sharpe of Epsom and Lord Dubs

Wednesday 15th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, obviously the Government are still seeking advice on all aspects of what the judgment means, but we will be appealing. I should also say that the final order will not be handed down for another two weeks, so an appeal cannot be lodged until after that final order is handed down.

[Lord Dubs (Lab)]

My Lords, in the meantime, what is the position of asylum seekers in Northern Ireland who no longer come under the Illegal Migration Act? Are they able to apply for asylum?

Family Reunion Visas: Gaza

Debate between Lord Sharpe of Epsom and Lord Dubs

Wednesday 24th April 2024 Lords Chamber

[Lord Dubs]

To ask His Majesty’s Government what steps they are taking to assist family reunion under the existing visa rules for persons in Gaza.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, in any humanitarian situation, the UK must consider its resettlement approach in the round, rather than on a crisis-by-crisis basis. We use existing pathways in response to events to support British nationals, those settled here and their family members. At present, there are no plans to create a new immigration route for those affected by the security situation.

[Lord Dubs (Lab)]

There are Palestinian families here who would urgently like family reunion with their relatives in Gaza on a temporary basis, perhaps modelled on the Ukrainian scheme. People are in real difficulties. Would the Minister care to comment on this? People in Gaza cannot apply for a family reunion visa to join family in the UK without leaving Gaza—but they cannot leave Gaza without a visa. Surely we can do better than that.

[Lord Sharpe of Epsom (Con)]

My Lords, the safety of all British nationals affected by the conflict in Gaza continues to be our utmost priority, but individuals who are not British nationals should apply for a visa to enable them to enter the UK in the normal way—and of course much of the process is online. Individuals who are not British citizens must not travel to the UK without existing permission to enter or remain previously agreed.

EU Borders: Hand and Face Scanning

Debate between Lord Sharpe of Epsom and Lord Dubs

Wednesday 17th April 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank my noble friend.

[Lord Dubs (Lab)]

My Lords, I hope the Minister’s optimism will be proved accurate in the event, but I am bound to say that those of us who serve on the Justice and Home Affairs Committee that is currently looking at this are not so happy. There is probably a car crash on the way in Dover, I fear. What about the situation in Northern Ireland, where it will not be at all clear whether people coming from the EU or third countries can travel north from Dublin to Belfast if they choose to do so.

[Lord Sharpe of Epsom (Con)]

My Lords, I am not entirely sure what the noble Lord would like me to say. As I have repeatedly said, this is an EU system being rolled out by the EU. I am neither optimistic nor not optimistic; I am relying on the information I have received as to the EU’s plans.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

I cannot say whether it is of the same complexity, but I can say that the ETA system, which, as noble Lords will be aware, began to be rolled out last year, is working very efficiently, so I am very optimistic about our end of the bargain.

[Lord Dubs (Lab)]

My Lords, could I just refer the Minister to what he said? Why are we blaming the EU for the consequences of a decision that this Government made in leaving the EU?

[Lord Sharpe of Epsom (Con)]

I am not blaming the EU for anything. The EU has a perfect right to control its own borders—I wish noble Lords in certain parties would afford the same right to us in this country. I would also like to say that the British Government did not leave the EU; the people of Great Britain voted to leave the EU.

Asylum Claims

Debate between Lord Sharpe of Epsom and Lord Dubs

Monday 25th March 2024 Lords Chamber

[Lord Dubs]

To ask His Majesty’s Government how many asylum claims are currently waiting to be determined.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, at the end of December 2023, there were 95,252 cases in the asylum system, 28% fewer than at the end of December 2022. Claims lodged on or after 28 June 2022 and before 7 March 2023, when the Illegal Migration Bill was introduced, are being prioritised now that the legacy backlog has been cleared. We continue to review and improve processes to accelerate decision-making while maintaining the integrity of the system.

[Lord Dubs (Lab)]

My Lords, when do the Government expect to process the claims of the 55,000 or more people who arrived since March 2023, especially the 22,000 or so who arrived between March 2023 and July 2023, who are not covered by the possibility of being sent to Rwanda?

[Lord Sharpe of Epsom (Con)]

My Lords, those who arrive illegally and fall into scope of the Act will be banned from obtaining any form of lawful immigration status in the UK. So, since 7 March 2023, anyone who has arrived illegally may be unable to obtain settlement or citizenship or re-enter the UK using a lawful migration route. As we bring more of the powers of the Act into force, those who have arrived illegally will also be unable to obtain any form of temporary permission to stay in the UK, other than in very limited circumstances.

Shamima Begum

Debate between Lord Sharpe of Epsom and Lord Dubs

Tuesday 27th February 2024 Lords Chamber

[Lord Dubs]

To ask His Majesty’s Government what assessment they have made of the implications of the Court of Appeal’s judgment on 23 February depriving Shamima Begum of British citizenship, in particular with regard to whether she is now in effect stateless.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, we are pleased that the Court of Appeal has found in favour of the Government in Shamima Begum’s appeal against the decision to deprive her of British citizenship. It would be inappropriate to comment further, given the potential for further legal proceedings. The Government’s priority remains maintaining the safety and security of the UK.

[Lord Dubs (Lab)]

My Lords, I am sorry but that does not get us very far. Will the Minister confirm that Shamima Begum must still be regarded as innocent, although she has said that she is willing to come back to this country and face trial? Furthermore, will the Minister confirm that it is very likely that, at the age of 15, she was trafficked away from this country to Syria? Will he finally confirm that, in the wider context, many of our partners—the United States, France, Germany, Australia, Canada, Belgium and the Netherlands—have all repatriated women and children.

[Lord Sharpe of Epsom (Con)]

My Lords, the Home Secretary’s powers to deprive an individual of their British citizenship are used sparingly, but they have existed in law for over 100 years. The British Nationality Act 1981 provides for the current deprivation power; Section 40(2) allows the Secretary of State to deprive any person of British citizenship should they deem it conducive to the public good to do so, but the law requires that this action proceed only if the individual concerned would not be left stateless. All decisions are made in accordance with the 1961 UN Convention on the Reduction of Statelessness. I cannot comment further on the specific case.

Refugees: Notice Period for Home Office Accommodation

Debate between Lord Sharpe of Epsom and Lord Dubs

Monday 18th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Lord is right that they get seven days from the notice to quit, but they get 28 days from the issue of the biometric residence permit, so it is not quite right.

[Lord Dubs (Lab)]

My Lords, a little while ago I was talking to an organisation that looks after people who become homeless. It quoted a recent example of a refugee who could not find any accommodation in the time that he had and eventually had to sleep for a week at Euston station—having gone through all the trauma of being a refugee and all that that entailed—before this charity picked him up. That is not good enough.

Refugees: Homelessness

Debate between Lord Sharpe of Epsom and Lord Dubs

Wednesday 13th December 2023 Lords Chamber

[Lord Dubs (Lab)]

My Lords, the Minister talked about a period over the Christmas holidays when refugees would not be thrown out on the streets. How many are going to be thrown out on the streets when that period is over?

[Lord Sharpe of Epsom (Con)]

My Lords, obviously, I cannot predict what that number will be, as those asylum cases are still being processed.

Net Migration

Debate between Lord Sharpe of Epsom and Lord Dubs

Wednesday 29th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

As I alluded to in my opening Answer, there are well-understood reasons why net migration is high at present. Global events such as the world’s recovery from Covid-19, the war in Ukraine, the Taliban takeover in Afghanistan and the national security law in Hong Kong, along with policy changes introduced as part of the new immigration system and the end of EU freedom of movement, have all had an impact on migration. On 23 May the Government acted decisively by announcing a package of measures to reform the student route. We are working on further measures to prevent exploitation and manipulation of the visa system, including clamping down on those who take advantage of the flexibility of the immigration system, and we will announce details of these measures in due course.

[Lord Dubs (Lab)]

My Lords, will the Minister confirm that asylum seekers coming across the channel by boat are probably between 5% and 7% of the total figure? Is the hostile attention given to asylum seekers not totally disproportionate in relation to inward migration?

[Lord Sharpe of Epsom (Con)]

My Lords, I have enormous respect for the noble Lord, but these asylum seekers are illegal migrants. They arrive here by methods that facilitate the activities of criminal gangs, they place their own lives and the lives of others at risk while they are in the English Channel, they impose themselves on the generosity of the British taxpayer, and they are jumping the queue of legal migrants. I think there are principles at stake.

Refugees and Asylum Seekers: Safe Routes

Debate between Lord Sharpe of Epsom and Lord Dubs

Wednesday 22nd November 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, there are no provisions in our Immigration Rules to enable someone to travel to the UK to seek asylum or temporary refuge. The UK welcomes vulnerable refugees, including children, directly from regions of conflict and instability through our global resettlement routes, the UK resettlement scheme, community sponsorship and the mandate resettlement scheme. We also have bespoke routes responding to crises in Ukraine and Afghanistan and the Hong Kong BNO visa route.

[Lord Dubs (Lab)]

My Lords, I am grateful for the Answer, but is it not the truth that virtually every safe and legal route to child refugees has been closed by the Government? Perhaps the Minister will not recall, but some years ago I was given assurances both privately by Ministers and in the House that the Government would not close down safe and legal routes. Why are they not willing to do that?

[Lord Sharpe of Epsom (Con)]

My Lords, I do not think it fair to say that there are no safe and legal routes. Since 2015, we have offered a safe and legal route for over half a million people. This includes over 28,600 refugees, including 13,800 children, via the refugee resettlement schemes with the UNHCR. We are the fifth largest recipient of UNHCR-referred refugees and, in Europe, we are second only to Sweden.

Illegal Immigration

Debate between Lord Sharpe of Epsom and Lord Dubs

Monday 20th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I was not present in the debate when the noble Lord said he was right, so I am not going to say whether or not my noble friend was right because I do not know what he said. As regards the Prime Minister’s views on the International Court of Justice, I am afraid I do not know as I have not asked him.

[Lord Dubs (Lab)]

My Lords, the Minister more or less said that the Government had no intention of leaving the European Convention on Human Rights—he is shaking his head. In which case, are the Government aware that if they tamper with the ECHR, they are also tampering with the Good Friday agreement, which is linked to it? Is the Minister furthermore aware that there is still the Human Rights Act that the Government are talking about getting rid of? There is the 1951 refugee convention. There is the convention against torture and the International Covenant on Civil and Political Rights. There is a range of conventions, treaties and agreements. Are the Government saying that they are all liable to be changed as a result of the Supreme Court decision?

[Lord Sharpe of Epsom (Con)]

I did not say what the noble Lord asserts about the ECHR. I said that I do not know. The fact is that this decision was a domestic decision, not a European one. I am well aware that the ECHR is a cornerstone of the Good Friday agreement, and of course we recognise the significance of that. However, I reiterate that the Prime Minister has committed to stopping the boats and to removing barriers if necessary. The detail and any implications of doing so would obviously be carefully considered at the time.

Rwanda Asylum Partnership

Debate between Lord Sharpe of Epsom and Lord Dubs

Wednesday 19th October 2022 Lords Chamber

[Lord Dubs (Lab)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. I think I am right in saying that this is the Minister’s first appearance in this post, so I welcome him and warn him of trouble to come.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, the Government remain committed to delivering the partnership between the UK and Rwanda, so we can break the business model of people smugglers and prevent further loss of life in the channel. Working together, the UK and Rwanda will help to make the immigration system fairer and ensure that people are safe and enjoy new opportunities to flourish.

[Lord Dubs (Lab)]

My Lords, that is of course the standard Answer. I had hoped for a little bit of a U-turn on this issue, but it seems there will not be one. The Government say that this is fully in accordance with the United Nations High Commissioner for Refugees, but the UNHCR disputes this. There is no basis in international law for our doing this, and we are made to look foolish and in breach of our normal traditions of human rights and a humanitarian approach to refugees. Is it not time for the Government to think again? This is not going to happen in any case, because the lawyers are going to stop it.

[Lord Sharpe of Epsom (Con)]

I remind noble Lords that Rwanda is a state party to the 1951 UN refugee convention and the seven core UN human rights conventions. It is also worth pointing out that, in September 2019, the African Union, the Government of Rwanda and the UNHCR signed a memorandum of understanding to set up an emergency transit mechanism to evacuate refugees and asylum seekers out of Libya. The EU has provided support and donated €12.5 million to the ETM through its emergency trust fund. The UNHCR also stated, in a 2020 press notice, that

“Rwanda has been welcoming refugees for over two decades … The country offers a safe and protective environment to all asylum seekers and refugees.”


There seems to be a degree of inconsistency in the UNHCR’s opinion.

Refugees (Family Reunion) Bill [HL]

Debate between Lord Sharpe of Epsom and Lord Dubs

2nd reading
Friday 8th July 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I will have to write the noble Baroness. I am sorry, I do not know.

As I set out, the Government’s family reunion policy is designed to welcome the immediate family members of those recognised as needing protection in the UK, but we also provide protection to the most vulnerable direct from regions of conflict and instability. Sadly, global humanitarian need continues to grow, with over 100 million people around the world forced from their homes and around 27 million refugees. I reiterate the UK’s generous resettlement offers, which are an integral component of our response to this challenge, addressing the needs of some of the most vulnerable refugees. The UK provides safe and legal routes for tens of thousands of people to start new lives here, through the new global UK resettlement scheme, as well as the community sponsorship and mandate resettlement schemes.

As has been referred to by many noble Lords, in January, the Government launched the Afghan citizens resettlement scheme, providing up to 20,000 women, children and others at risk with a safe and legal route to resettle in the UK. I need to make it absolutely clear, particularly in reference to the point from the noble Baroness, Lady Wheatcroft, that no children are detained in hotels. We have sought to provide a comfortable and supportive environment for children while they await permanent placement.

In March, in response to the Russian invasion of Ukraine, we launched the Ukraine family scheme and the Homes for Ukraine Scheme, both of which are uncapped and have allowed hundreds of thousands of individuals to seek sanctuary in the UK. I should point out how these schemes clearly demonstrate the commitment made by the Government’s new plan for immigration to strengthen our safe and legal routes to the UK for those in need of protection. The concessions put in place have been designed to address the very specific set of circumstances that have unfolded in Ukraine. These are time-limited and the honest answer to the question from the noble Lord, Lord Paddick, about what the difference is, is that it is Putin’s war.

In answer to the noble Lord, Lord Kennedy, about the Dubs scheme, the Government did not shut it down; it was a one-off commitment that was completed. I cannot really argue with the numbers; I am not in a position to do that—it may well not have been the right number in the first place—but it was not shut down.

[Lord Dubs (Lab)]

My Lords, may I protest just a little? What happened was that the Government said that no local authorities had any more places to accommodate children. I am afraid, however, that a lot of us found other local authorities that did. It was an arbitrary decision by the Government.

[Lord Sharpe of Epsom (Con)]

I will take the noble Lord’s point and investigate it further—I will leave it there for now.

I close my remarks by again thanking noble Lords for their insightful and thought-provoking contributions throughout this debate. I understand that this remains an emotive issue. I will ensure that the department continues to reflect on these debates in considering the Government’s approach on this important issue and I will look forward to further debate on these points in the future.

Ukrainian Refugees

Debate between Lord Sharpe of Epsom and Lord Dubs

Tuesday 15th March 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I absolutely agree with my friend, if I may say that: the noble Lord, Lord Alton. The world’s Governments are collecting the evidence, as has been made very plain. I salute the courage of all those in Ukraine and, in particular, the train drivers to which he refers. If I may, I would like to stray wildly from this topic and single out another instance of courage: that of the Russian TV producer Marina Ovsyannikova, which the world witnessed yesterday. My thoughts—and I am sure those of all noble Lords—are very much with her, and I am sure that President Putin would like to know that the world is watching.

[Lord Dubs (Lab)]

My Lords, I very much agree with the comment about the Russian TV producer. She is a very brave woman indeed and I hope we will do all we can to try to protect her at this distance. Whatever the mode of travel that refugees fleeing Ukraine use, would it not be better if we facilitated their journey by dropping the visa requirement, as other European countries have done?

[Lord Sharpe of Epsom (Con)]

My Lords, on the subject of visa waivers, the Prime Minister and the Home Secretary have stated on numerous occasions that we will not be issuing blanket visa waivers in response to the crisis. Security and biometric checks are a fundamental part of our visa process in order to keep people in this country safe. This is consistent with our approach to the evacuation of Afghanistan. It is vital to keep British citizens safe and the humanitarian visa process that was announced yesterday will open the doors, but we also need to ensure that we are helping those in genuine need. We are already seeing people presenting false documents and claiming to be Ukrainians. This is a fluid and fast-moving situation.