Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Sharpe of Epsom and Lord Kerr of Kinlochard

Report stage
Monday 4th March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I thank noble Lords for their contributions to this debate. I will turn first to Amendment 39, tabled by the noble Lord, Lord Blunkett. As I set out in Committee, we do not consider it necessary to make this amendment.

Clause 1 sets out the obligations that the Government of Rwanda have committed to under the new treaty. The addition the noble Lord proposes does not reflect the arrangements under the treaty. Enabling persons whose claims are successful in Rwanda to return to the UK would be entirely inconsistent with the terms and objectives of the treaty. Those relocated to Rwanda are not intended to be returned to the UK, except in limited circumstances. Article 9 of the treaty clearly sets out that Rwanda shall process claims for asylum in accordance with the refugee convention and this agreement.

Since the partnership was announced, UK officials have worked closely with the Government of Rwanda to ensure that individuals relocated under the agreement will be safe and that their rights will be protected. Human rights have been a key consideration throughout this work, including the treaty, to confirm the principles for the treatment of all relocated individuals in an internationally binding agreement and strengthened monitoring mechanisms to ensure practical delivery against the obligations. For example, individuals, once relocated, will have freedom of movement. They will not be at any risk of destitution, as they will be accommodated and supported for five years. They will have access to a generous integration package so that they can study, undertake training and work, and access healthcare.

For those who are not registered as refugees, Rwanda shall consider whether the relocated individual has another humanitarian protection need. Where such a humanitarian protection need exists, Rwanda shall provide treatment consistent with that offered to those recognised as refugees and permission to remain in Rwanda. Such persons shall be afforded equivalent rights and treatment to those recognised as refugees and shall be treated in accordance with international and Rwandan laws. For those relocated individuals not recognised as refugees or granted protection, Article 10 of the treaty provides that Rwanda shall regularise their status in the form of a permanent residence permit and provide equivalent treatment as set out in Part 2 of Annex A.

It is the Government of Rwanda, and not the UK Government, who will consider asylum or protection claims and who will grant refugee or protection status to those relocated to Rwanda under the treaty that will underpin the migration and economic development partnership. As is made clear in the agreed terms of the treaty, those relocated will not be returned to the UK except in limited specified circumstances. Obtaining refugee status in Rwanda does not grant that person any rights within the UK, as would be the case for any other person granted refugee status in Rwanda who had not been relocated from the UK. Anyone seeking entry to the UK in the future would have to apply through legal routes, such as the work or family route, with no guarantee of acceptance.

Amendments 9 and 12 tabled by the noble Lord, Lord Anderson, and Amendment 19 tabled by the noble Baroness, Lady Chakrabarti, seek to qualify the requirement for decision-makers, including courts and tribunals, to conclusively treat Rwanda as a safe country, thus allowing individuals to challenge removal decisions on the grounds that Rwanda is not a generally safe country.

The treaty, the Bill and the evidence together demonstrate that Rwanda is safe for relocated individuals and that the Government’s approach is tough but fair and lawful. The Government are clear that we assess Rwanda to be a safe country, and we have published detailed evidence that substantiates this assessment. This is a central feature of the Bill, and many of its other provisions are designed to ensure that Parliament’s conclusion on the safety of Rwanda is accepted by the domestic courts. The conclusive presumption in the Bill that Rwanda is generally a safe country is not, as the noble Lord suggested, a “legal fiction”.

The courts have not concluded that there is a general risk to the safety of relocated individuals in Rwanda. Rather, the Supreme Court’s findings were limited to perceived deficiencies in the Rwandan asylum system and the resulting risk of refoulement should any lack of capacity or expertise lead to cases being wrongly decided. As we have repeatedly set out, the treaty responds to those key findings. The assurances we have since negotiated in our legally binding treaty with Rwanda directly address these findings by making detailed provision for the treatment of relocated individuals in Rwanda, ensuring that they will be offered safety and protection, with no risk of refoulement.

We have been clear that the purpose of this legislation is to stop the boats, and to do that we must create a deterrent that shows that, if you enter the UK illegally, you will not be able to stay. We cannot allow systematic legal challenges to continue to frustrate and delay removals. It is therefore right that the scope for individualised claims remains limited, to prevent the merry-go-round of legal challenges and enable us to remove from the UK individuals who have entered illegally. We cannot allow illegal entrants to be able to thwart their removal when there is a clear process for the consideration of a claim based on a risk of serious and irreversible harm. We cannot allow the kinds of spurious legal challenges we have been seeing for far too long to continue.

It is for this reason that I cannot accept Amendments 23 and 27 tabled by the noble Baroness, Lady Meacher, which seek to lower the threshold for a claim or appeal brought on the grounds that Rwanda is unsafe to succeed. These amendments undermine the core principle of the Bill, which is to limit challenges brought against the safety of Rwanda. The Bill makes it clear that Rwanda is generally safe and that decision-makers, as well as courts and tribunals, must treat it conclusively as such. This reflects the Government’s confidence in the assurances of the treaty and in Rwanda’s commitment and capability to deliver against these obligations. As I have set out, the UK Government and the Government of Rwanda have agreed and begun to implement assurances and commitments to strengthen Rwanda’s asylum system.

Following on from my previous point with regard to relocated individuals in Rwanda being offered safety and protection with no risk of refoulement, I now turn to Amendments 11, 14, 15 and 29 tabled by the noble Lord, Lord Coaker. I consider these amendments to be unnecessary. As I have just stated, yes, the Supreme Court did find deficiencies in the Rwandan asylum system that meant there was a risk that those relocated under the terms of the previous memorandum of understanding with Rwanda could be refouled. However, the UK and Rwanda have since worked closely together to address the court’s conclusions.

As noble Lords are aware, the Supreme Court could consider evidence only up to summer 2022, which was not reflective of the current evidential position. Not only could the court not consider additional work undertaken with the Government of Rwanda to build capacity in the Rwandan asylum system, but it had not had the opportunity to consider the terms agreed under our new legally binding treaty with Rwanda. The treaty makes very clear that no one relocated to Rwanda will be returned to another country, except, in very limited circumstances, back to the UK. This expressly addresses the court’s conclusions by eliminating the risk of refoulement.

As I have said previously, and as I stated in my letter to the noble Lord, Lord Kerr, following the debate on this matter in Committee, the treaty contains, among other provisions, a definitive undertaking from the Government of Rwanda that they will not remove any person relocated under the MEDP, except to the UK, in accordance with Article 11(1).

[Lord Kerr of Kinlochard (CB)]

Can the Minister confirm that the arrangement described in Article 10(3) of the treaty has been devised: that is, the arrangement to ensure that refoulement does not in practice occur? The treaty imposes an obligation on both parties to agree a process. Has it been agreed, and can we see it?

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Sharpe of Epsom and Lord Kerr of Kinlochard

Committee stage
Monday 19th February 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

As far as I understand it, that is the case.

On a point that we will debate further in relation to Amendment 76A tabled by the noble Lord, Lord Purvis of Tweed, and the noble Baroness, Lady Hamwee, during the period of enhanced monitoring, the monitoring committee will report to the joint committee in accordance with an agreed action plan to include weekly and bi-weekly reporting as required. It will otherwise produce a formal written report for the joint committee on a quarterly basis over the first two years of the partnership, setting out its findings and making any recommendations.

The monitoring committee will be supported in all its work by a new support team—

[Lord Kerr of Kinlochard (CB)]

Will the Minister say whether the reports from the monitoring committee to the joint committee will be made available to the House?

[Lord Sharpe of Epsom (Con)]

I cannot say that at the moment, but, as I have said, they will be published on a regular basis.

The monitoring committee will be supported in all its work by a new support team, as set out in Article 15.(8) of the treaty. The new support team will consist of individuals who do not work for either the UK Government or the Government of Rwanda. The monitoring committee has already met three times since its inception and has agreed to the publication of its terms of reference and enhanced monitoring plan, which are both available online as part of the supporting evidence document that the Government have published. Therefore, we consider that Amendment 86, tabled by the noble Lord, Lord Coaker, is unnecessary.

Amendments 81 and 82 tabled by the noble Baroness, Lady Chakrabarti, and my noble friend Lord Hailsham seek to ensure that the Act does not come into force upon ratification of the treaty but instead requires secondary legislation to be laid before commencement requiring a JCHR report on the safety of Rwanda and agreement on this point from the House of Commons and the House of Lords. Amendment 71 in the name of the noble Lord, Lord German, would introduce a new clause whereby the Secretary of State must lay a statutory instrument before Parliament every six months stating that their assessment is that Rwanda is a safe country. This Bill reflects the strength of the Government of Rwanda’s protections and commitments given in the treaty to people transferred to Rwanda in accordance with the treaty. The treaty, alongside the evidence of changes in Rwanda since summer 2022, already enables Parliament to reach the conclusion that Rwanda is a safe country. There is therefore no requirement for any further legislation or additional reporting prior to commencement.

The UK-Rwanda partnership is a long-term policy and forms part of a wider set of measures to tackle illegal migration. A review of the policy every six months or two years would be an inefficient use of both government and parliamentary time. Furthermore, as I have set out, this is not needed, as the functions of the independent monitoring committee have been enhanced to ensure that obligations under the treaty are adhered to in practice. These arrangements, which have been carefully agreed with the Government of Rwanda and will be binding in international law, will ensure continued compliance with all the terms of the treaty.

It is also worth noting that Article 4.(1) of the treaty sets out clearly that it is for the UK to determine the timing of a request for relocation of individuals under the terms of the agreement and the number of such requests made. The treaty does not place on the UK an obligation to make any such request. This means that the Government would not be obligated to remove individuals under the terms of the treaty if there had been, for example, an unexpected change to the in-country situation in Rwanda that required further consideration. As is the case in many scenarios, the Government would be able to respond and adapt as necessary.

I turn to Amendments 69 and 87 in the name of the noble Lord, Lord Coaker, and Amendment 74 in the name of the noble Lord, Lord Purvis of Tweed. This legislation does not impact the financial agreement with Rwanda which was reached in 2022 through the memorandum of understanding for the migration and economic development partnership. Noble Lords will be aware that we have provided Rwanda with £220 million as part of the economic transformation fund and £20 million as an advance credit to pay for operational costs in advance of flights commencing. The spend on the MEDP with Rwanda so far is £240 million. In response to a point raised by the noble Lord, Lord Purvis, the £100 million is not a credit line, as he indicated last week.

There was an initial investment of £120 million in 2022 as part of a new economic transformation and integration fund, ETIF, created as part of the MEDP. The ETIF is for the economic growth and development of Rwanda. Investment has been focused in areas such as education, healthcare, agriculture, infrastructure and job creation. A further payment of £100 million was made in 2023 through the ETIF as part of the partnership. We anticipate providing another £50 million in the next financial year. This is not new but follows the same arrangement from 2022. We also made a separate payment of £20 million to the Government of Rwanda in 2022 in advance of flights to support initial set-up costs of the asylum and processing arrangements under the MEDP.

With regard to the question of whether there will be another tranche of funding for the Hope hostel in the next financial year, procurement of accommodation is for the Government of Rwanda. Accommodation costs are covered by the funding stream for operationalisation, and it is then up to the Government of Rwanda as to which accommodation they procure. This legislation also does not impact the process for removals to a safe third country, so the appraisal set out in the illegal migration impact assessment remains unaffected. The published economic note on this legislation explained that the exact cost will depend on the details of the implementation and the level of deterrence. The Government are already committed to disclosing further payments made as part of the economic transformation fund and the per-person relocation costs as part of the department’s annual accounts in the normal way.

Your Lordships will also be aware that the National Audit Office will be producing a factual report on the costs of this partnership. Officials have been working closely with the National Audit Office to ensure that they have the relevant information required for this. I cannot give any opinion on the date of publication, but it will likely be in the near future.

Finally, with the—

Immigration Detention: Brook House Inquiry

Debate between Lord Sharpe of Epsom and Lord Kerr of Kinlochard

Thursday 11th January 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for that; I agree with him. I would also point out that Stephen Shaw, as I mentioned earlier, wrote a report, which he updated in 2018, on welfare in immigration detention. He said the following:

“The current Government position is to oppose a time limit (whether of 28 days or any other period), but Parliament may at some point take a different view … at present, the case for a time limit has been articulated more as a slogan than as a fully developed policy proposal”.


I am afraid that I agree with that.

[Lord Kerr of Kinlochard (CB)]

My Lords—

--- Later in debate ---

[Lord Kerr of Kinlochard (CB)]

Will the noble Lord tell the House how many asylum seekers are now held in detention, in limbo, with their cases unheard by us—or never to be heard by us? Is he at all ashamed that Médecins Sans Frontières is having to look after them?

[Lord Sharpe of Epsom (Con)]

I will stick to the question at hand, and will happily provide some statistics on the number of people in immigration detention as of 30 September last year. That number was 1,841, including those detained solely under immigration powers in prisons. That was 11% lower than at the end of September 2022, when there were 2,077 people in detention. I think that those numbers are encouraging and heading in the right direction.

Pakistan: Afghans Eligible for Resettlement in UK

Debate between Lord Sharpe of Epsom and Lord Kerr of Kinlochard

Monday 18th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I cannot say that unequivocally, no. As I have just said, it is on a case-by-case basis. In principle, of course that is the case, but with the caveat that it depends on the case under discussion.

[Lord Kerr of Kinlochard (CB)]

The Minister is a little short on numbers on the Afghan citizens resettlement scheme. When the scheme was introduced two years ago, the promise was that it would bring in 20,000 people a year. We know that thousands are lurking in hotels in Peshawar, Islamabad and Lahore, now with their permission to stay likely to be withdrawn. We know too that thousands of them have been accepted for resettlement here but are not allowed to travel because the accommodation has not been provided. They are supposed to arrange, from Peshawar, accommodation for their families in this country, which is absurd. Does the Minister accept that this may be one cause of Afghans being by far the largest group by nationality—8,600 last year—coming in small boats across the channel at grave risk to themselves? Does he not think that is a disgrace?

[Lord Sharpe of Epsom (Con)]

My Lords, the fact is that if people are not eligible under ARAP, they should not be coming on small boats and claiming asylum. Why would you forgo a legal and safe route to support a criminal gang’s activities? That rather eludes me. I do, however, understand why people are desperate to get out of Afghanistan in particular, but I go back to what I said earlier: the Government of Pakistan have co-operated, largely, with the UK, high-level negotiations are ongoing and as yet no one has been deported.

UK-Rwanda Partnership

Debate between Lord Sharpe of Epsom and Lord Kerr of Kinlochard

Thursday 7th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

From the noble Lord’s last remark, it sounds like he has answered his own question. However, as I said in my opening remarks, the numbers are uncapped. I do not know the context of the Court of Appeal judgment in this regard, so I cannot comment on that.

[Lord Kerr of Kinlochard (CB)]

I have two questions for the Minister. First, Article 19 of the treaty says that we are under an obligation to take a “portion”—an odd word—of Rwanda’s “most vulnerable refugees”. A two-way flow of people is envisaged, some going from here to Rwanda, some going from Rwanda to here. Can the Minister give us a forecast ballpark figure of how many Rwandans are coming? Secondly, he will remember that last year the State Department found the Government of Rwanda guilty of arbitrary murder, torture, cruel and inhuman and degrading punishments, arbitrary detention in harsh and life-threatening prison conditions, carrying out murders and kidnappings abroad and harassing domestic and international human rights groups. Our Bill requires us to deem Rwanda a safe country. Will he tell us why the State Department is wrong?

[Lord Sharpe of Epsom (Con)]

In answer to the first part of the noble Lord’s question, Section 19 of the treaty indeed says that the UK will resettle refugees from Rwanda to the UK. This is not new; it was also set out in the MoU. As I have mentioned before from this Dispatch Box, Rwanda currently hosts and provides for around 130,000 refugees from across the region, and as part of our joint commitment to the principles of the refugee convention, and through the partnership, we have offered to settle particularly vulnerable refugees hosted in Rwanda, whom we could better support. Rwanda is leading in supporting the UNHCR and neighbouring regions with those in need of resettlement, and the UK will support these best efforts as its partner. We expect the number to be small. However, the UK resettles many refugees each year, through safe and legal paths from those first safe countries which accommodate many people who seek their sanctuary. As the MEDP has not yet been operationalised, there have not yet been any refugees from Rwanda resettled in the UK as part of it.

The second part of the noble Lord’s question was on the State Department. We have also just published a new treaty, which contains many legally binding elements. In the light of that, I imagine the State Department will reconsider.

Justification Decision (Scientific Age Imaging) Regulations 2023

Debate between Lord Sharpe of Epsom and Lord Kerr of Kinlochard

Monday 27th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am not familiar with the case that the noble Baroness refers to, so I am afraid I will have to look into it.

Individuals will be assessed for their fitness to undergo scientific age assessment, which will include consideration of both mental and physical health. The individual will not undergo scientific age assessment if they refuse to consent. Reasonable grounds for refusal will be set out in guidance and considered on a case-by-case basis. Appropriate adults, translators and others will be available to support the young person. If a young person is assessed as lacking the capacity to consent, they will not undergo any such methods and a negative credibility inference will not be taken.

Provisions under the Nationality and Borders Act 2022 allow for decision-makers to make a negative inference. As I have said, the Home Office considers negative inference to be proportionate to prevent individuals deliberately frustrating the system. There is precedent in other legislation of negative consequences being applied where an individual refuses to submit to a medical examination. For example, an individual may be asked to undergo a medical examination to determine their eligibility for employment and support allowance. If they fail to undergo such an assessment, they will be treated as ineligible. Therefore, consent can still be informed and freely given even if there is a negative consequence for a refusal to give that consent.

It is important to note that taking a negative inference from a refusal to consent does not result in an automatic assumption that the individual is an adult. Rather, the negative inference is taken into account as part of the overall decision on age. A decision-maker can still assess an individual to be a child following the holistic age-assessment process, even if they refuse to consent to scientific methods without good reason.

I will answer the questions from the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Hamwee, about monitoring and review. The Ministry of Justice will monitor and review the Home Office’s use of X-rays approved by this instrument and compliance with the conditions as per Regulation 10 of the Justification of Practices Involving Ionising Radiation Regulations 2004.

I would like to reassure the House that, as this is a new practice in the UK, the Home Office will monitor and review the policy to evaluate its success and make any changes necessary for its effective operationalisation. The Home Office will not do this in isolation but will continue to seek advice from the Age Estimation Science Advisory Committee and key stakeholders to support the process. Quarterly datasets including age disputes are already published on GOV.UK and, when scientific methods of age assessment are introduced, the Home Office will ensure that the relevant statistics are published alongside them.

The noble Baroness, Lady Brinton, questioned whether these regulations should be made before a full impact assessment and costings have been laid before Parliament. As I stated, scientific methods will be integrated into the current age-assessment process. A full impact assessment has not been produced at this point as it would not provide the rigour of economic value required at the early stage. The Home Office recognises the importance of transparency—please be assured that a full impact assessment will be prepared when appropriate, as my right honourable friend the Immigration Minister said in the other place.

I will go into the costs in a little more detail. As I have said, we could not provide the rigour of economic value that the impact assessment would require. Instead, the Home Office has produced an economic note that pertains to the narrow focus of the SI—the impact of introducing the specified methods for age-assessment purposes. We have decided not to publish this yet, as the information provided would be isolated from wider plans; it is the Home Office’s view to wait until we have an appropriate level of detail to better reassure and inform the public of our plans. As policy and operational development continue, the Home Office will take a view on when it is appropriate to produce the full impact assessment.

[Lord Kerr of Kinlochard (CB)]

I am rather surprised that the Minister has repeated the bits of the Home Office written evidence that struck me as a bit odd. The clue, surely, to the timing of an impact assessment is in the name: impact. It should be there at the start. We are not terribly interested in an impact assessment two or three years down the line. We would have liked to have one today.

[Lord Sharpe of Epsom (Con)]

I take the noble Lord’s point; obviously, I will take it back to the Home Office and make sure that it is well understood.

On the use of X-rays, I remind the House that the Ministry of Justice has determined the practice is justified under the Justification of Practices Involving Ionising Radiation Regulations 2004. The Ministry of Justice made this decision to justify the practice independently from the Home Office, as they are functionally separate on the policy of age assessment as required by the 2004 regulations.

Your Lordships will know that X-ray scans are commonly used in the UK for medical purposes by doctors and dentists. Although age assessment is for non-medical purposes, images will be taken by qualified professionals who are trained to minimise exposure to ionising radiation and any other potential risks. We expect all professionals to abide by their own professional guidelines, as well as any set out in Home Office guidance, but medical professionals are required by the relevant legislation for ionising radiation.

The Age Estimation Science Advisory Committee suggests that any risk associated with this low level of exposure to ionising radiation is minimal when compared to the benefits of swifter, more informed age assessment in terms of both safeguarding and well-being.

Refugees and Asylum Seekers: Safe Routes

Debate between Lord Sharpe of Epsom and Lord Kerr of Kinlochard

Wednesday 22nd November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I do not think that it was declared unlawful by the courts. The fact is that there were some issues with regards to a particular county, and, as far as I understand it, the courts basically reaffirmed that there is a statutory duty on local authorities to look after unaccompanied asylum-seeking children. In terms of the support that is available to those councils, we have made a considerable amount of money available, and we are working very closely with the councils that are involved in order to make that happen.

[Lord Kerr of Kinlochard (CB)]

My Lords, why do the Government continue to turn down repeated French offers to facilitate our establishing a processing centre for asylum seekers in France?

[Lord Sharpe of Epsom (Con)]

My Lords, I do not know that that is true. I have not seen any evidence that we have turned down French offers. I will investigate again, and if I am wrong, I will definitely correct myself.

Illegal Immigration

Debate between Lord Sharpe of Epsom and Lord Kerr of Kinlochard

Monday 20th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

If my noble friend is right in his assertions, yes, they should be convicted, but I do not what has happened with prosecutions and convictions in that space. I will endeavour to find out.

[Lord Kerr of Kinlochard (CB)]

Does the Minister recall that the International Agreements Committee criticised the form taken for the previous agreement with Rwanda—a memorandum of understanding—and thought it should have been a treaty, partly because it was so weighty and partly to provide this House and the other place with an opportunity to scrutinise it properly. I think this new agreement will be scrutinised properly in this House so I am very glad that it is taking the form of a treaty, which will enable us to do that. The Statement said that it will be amended

“to make it clear that those sent”—

to Rwanda

“cannot be sent to any country other than the UK”.

That is what the Home Secretary said in the other place. How is that consistent with our Illegal Migration Act, which says that those who come illegally, in its terms, to this country can never be admitted to this country, will be sent to Rwanda and will be processed there by Rwanda for asylum in Rwanda?

The Minister said that other countries are seeing what we are doing and following suit. With respect, that is not the case. We are the only country that is saying, “If you come by a route that we do not like, we refuse to look at your claim”. We are telling people they may claim asylum in Rwanda but they can never come back here. No other country is doing that. Other countries are considering outsourcing the process and having the processing done abroad, but then the people could go on claiming asylum in the country they intended to go to. How does the Minister reconcile the statement that these people will never be sent to any country other than the UK with the Act, which we spent so long debating here and which I thoroughly disagreed with, that says they can never be sent back to the UK?

[Lord Sharpe of Epsom (Con)]

First, I agree with the noble Lord about the International Agreements Committee and the previous comments made there. The fact is that the International Agreements Committee is now getting its wish. Legally enforceable treaties should be the vehicle of choice; obviously, it will be scrutinised in both Houses of Parliament. As regards the apparent anomaly between what the Home Secretary has said and what the noble Lord has just pointed out, to respond to that would be to speculate as to what will be in the forthcoming legislation when I simply do not know. I will make sure that point is well made, and I hope to come back to the noble Lord with a strong answer very soon.

Support for Migrant Victims

Debate between Lord Sharpe of Epsom and Lord Kerr of Kinlochard

Wednesday 12th July 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

Noble Lords can rest assured that I will take this back. However, I have heard in many debates in the House in recent weeks calls for more evidence. The fact is that we have evidence and we are considering it carefully. Noble Lords should applaud that.

[Lord Kerr of Kinlochard (CB)]

There is a degree of urgency in this that the Minister is not acknowledging. We do not ratify Article 59 because it is still the Government’s policy that, other than those who benefit from the little pilot scheme, local authorities are not allowed to permit migrant women who are subject to domestic abuse to access shelters. This disgrace is going on and we should stop it as soon as possible.

[Lord Sharpe of Epsom (Con)]

My Lords, I have just outlined some of the other options available to the migrant women the noble Lord describes. They are far from without support. As I have alluded to, there is also a migrant victims protocol detailing other aspects of the work being done that will be published towards the end of this year.