Border Security, Asylum and Immigration Bill

Debate between Lord Harper and Lord Katz

Committee stage
Monday 13th October 2025 Lords Chamber

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, I thank the noble Baroness, Lady Coussins, supported by the noble Baroness, Lady Ludford, the noble Lord, Lord Hogan-Howe, and, to an extent, the noble Lords, Lord Harper and Lord German, for raising this matter of both practical importance and human dignity: the provision of translation and interpretation services within the Home Office.

The Government’s immigration White Paper rightly underscores the importance of English language proficiency as a cornerstone of successful integration into British society. We believe, as I am sure not only the noble Baroness but all noble Lords will agree, that the ability to speak English empowers individuals to participate fully in our communities, to contribute economically and to build meaningful lives in the United Kingdom.

However, obviously, there are circumstances where the needs of both protection and expediency trump this proposal. As we have already heard from noble Lords, particularly from the noble Baroness, Lady Coussins, there are individuals for whom translation and interpretation services are essential to enable them to access care and to begin the long journey of recovery and justice—for example, dealing with young women who have been trafficked to the UK against their will, suffering abuse and exploitation. The Home Office has a duty to uphold the high standards of delivery of these services. It is not merely a matter of administrative efficiency but of moral and legal obligation.

Paragraph 339ND of the Immigration Rules already makes it clear that the Home Secretary must provide, at public expense, an interpreter wherever necessary to allow an applicant to submit their case. This includes the substantive asylum interview, a moment that can determine the course of a person’s life.

Noble Lords may be aware that, in the other place, an MP elected on the Reform ticket asked a number of His Majesty’s Government’s departments not to provide such translation services. I, for one, believe that the Government regret that approach. Both natural justice and respect for the rule of law are essential characteristics of our system and our society, and we will not undermine these principles. As I said, we understand the importance of providing proper interpretation services, not simply so that asylum seekers can access the system adequately but, as the noble Baroness, Lady Ludford, pointed out, so that the system makes the right call the first time round.

Moreover, in the context of criminal investigations undertaken by Immigration Enforcement, the principle of common law and the European Convention on Human Rights both affirm that a defendant must understand the charges against them and be able to mount a proper defence. This is not optional extra, and we do not treat it as such. As I said, the current Immigration Rules make clear the need to provide interpretation services. For instances where we do not provide translation services within the asylum process, claimants can utilise legal representatives to support them. Furthermore, Migrant Help’s asylum services, which are available 24 hours a day, offer free, independent advice, guidance and information, including full interpretation services.

We have had some discussion about funding, and noble Lords will appreciate that value for money remains a guiding principle for this Government in public service delivery. We must therefore ensure that language services are cost effective, and the Home Office is committed to assessing language service needs and spend to ensure we deliver both fiscal responsibility and a compassionate, practical approach to translation. We understand well the point made by the noble Baroness, Lady Ludford, about penny-pinching undermining the integrity of the system. The noble Lord, Lord Harper, asked about the cost gap in the sense, I suppose, of a counterfactual situation. I am not sure that any assessment has been made of that additional cost gap, but I will go back and ask officials whether that has been the case.

[Lord Harper (Con)]

Having listened to the Minister, I am not sure that there would be much of a gap. However, this is what I was driving at: based on what rights would be put in place by this amendment, compared to what is already delivered, what will the gap be? Listening carefully to the Minister, he seems to me to be saying that, certainly in the Immigration Enforcement pieces of that list, the services are already delivered, so it may just be an argument about the quality of that service, which I think the noble Baroness, Lady Coussins, was pushing at. It may be useful for your Lordships’ House to understand whether there are areas here that are not specifically about Immigration Enforcement and where there may be a gap.

[Lord Katz (Lab)]

I thank the noble Lord. Indeed, that was what I was getting at. I am not entirely sure how easy or practical it is to make an assessment of the upgrade to professional services and what the additional cost would be. However, as I said, I will go back and talk to officials to see whether an assessment has been made.

In a similar vein, I am afraid to say to the noble Baroness, Lady Coussins, that I do not have to hand any sufficiently watertight briefing on the EU retained law aspect of her question. However, I will go back and talk to officials and write to her with a fuller explanation, rather than risking some barrack-room lawyership on my feet this evening.

In conclusion, I thank the noble Baroness for raising her amendment and giving us the opportunity to discuss the importance of high-quality services provided by the Home Office, as well as the importance of high-quality translation services for people who are rightly seeking asylum and need that support to access our system adequately. The points raised today reflect our values as a nation and our commitment to upholding the rights and dignity of every individual. Given the points I have outlined, and the fact that our Immigration Rules already make clear the obligation of the Home Office to provide translation and interpretation services where necessary, I ask the noble Baroness to withdraw her amendment.

Border Security, Asylum and Immigration Bill

Debate between Lord Harper and Lord Katz

Committee stage
Monday 13th October 2025 Lords Chamber

[Lord Katz (Lab)]

I think we know from our experience of asylum seekers and migration that, generally speaking, one cannot take that almost continuous journey through many countries from a place, as indeed my noble friend Lady Chakrabarti set out in greater detail and with a greater grasp of geography than I can muster at this time of night, where people could potentially not be seen to have stopped in a safe country. We know that that does not happen and I think it would be a reasonable interpretation, not so much of the convention but just of the reality of what happens, that if we were to take on the interpretation as set out in the noble Lord’s Amendment 203I, we would be taking in practically nobody. That is not, as I say, the intention of this Government’s policy towards asylum seekers, refugees and migrants.

[Lord Harper (Con)]

The Minister is presenting one counterfactual, which is that we would take almost no one in. The alternative is to do what we did, which is Ministers make decisions about quite large groups of people that we take in. I just point to our Afghan schemes and our schemes for Ukrainian refugees and British national passport holders from Hong Kong. Those were very significant and there is something very important about them: because they were decisions taken by people who were democratically accountable, supported by Parliament, they were largely supported by the vast majority of the British public. I think that is a better model than having a convention which is interpreted by courts in a way that the public do not support. I think that is a better alternative model and one which we delivered in practice with considerable public support. It is a better model, and I urge him to support it.

[Lord Katz (Lab)]

To be clear, I was not talking about schemes that were set up for specific groups of people in specific situations, such as those from Hong Kong, Ukraine or Afghanistan, which the noble Lord mentioned. Indeed, I am absolutely clear as well that I do not disagree with him or the noble and learned Lord, Lord Garnier, on the principle that we would not want to leave that purely up to the courts rather than having it as part of legislation that has been proposed by Ministers and supported by both Houses of Parliament. I do not disagree with that, but the counter-counterfactual is also the case: if we excluded anyone who passed through any country in which they could reasonably stop, as a safe port of call, then we would not be taking anybody else in outside those established schemes. I do not think that is a reasonable, practical interpretation of the facts on the ground. For that reason, I am afraid that we will not be able to support Amendment 203I from the noble Lord, Lord Murray of Blidworth.

Before I finish, the noble Baroness, Lady Jones of Moulsecoomb, had the courtesy to say that she would not be able to be in her place until the end of this stage of the debate. She took the opportunity when speaking to rail against the increasing authoritarianism and blaming of refugees for all the ills of this country. I urge her, and indeed all noble Lords, if they think this is the case for this Government, to read carefully the words of our Prime Minister in his leader’s speech to the Labour Party conference. He set out a clear case, with humane and progressive reasons, for controlling borders. Indeed, I point to the words of our new Home Secretary, Shabana Mahmood. She is very clear that for people from, as she says, an ethnic minority, having a controlled system of borders is a good thing. There is nothing progressive about insecurity, whether insecurity of income, on our streets or on our borders. This Government were elected to tackle all three things, and we are determined to tackle them.

Given that, and given the time of night, I will conclude and ask the noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Murray, not to press their amendments.

Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2025

Debate between Lord Harper and Lord Katz

Thursday 3rd July 2025 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

The noble Lord had little choice then.

First, I think it is entirely inappropriate in this discussion, which is fraught enough, to assume you know which side people are on around the Israel-Gaza situation. The noble Baroness, Lady Jones, and I disagree wholeheartedly, but I agree with her that there is real concern over this particular issue. Secondly, when you are trying to make a contribution and are heckled, with people standing up and calling out, and you are basically on a minority side, I think it is perfectly respectable for noble Lords to accept that you do not want to take interventions. To draw any other conclusion from that has a really unpleasant, nasty vibe about it.

I am actually shocked. I am generally on the side of the people backing this proscription. At one point, listening to the noble Lord, Lord Beamish, I thought maybe people were being proscribed for misinformation. I have got to the point now where I do not know what the terrorist act is. However, I think it is completely wrong to assume that there is cowardice involved in not taking points from other Members.

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

I suggest we take the heat out of this a bit. Interventions are welcome, but noble Lords are not obliged to take them, and they should be brief.

[Lord Harper (Con)]

I am grateful to the noble Lord.

The noble Baroness, Lady Fox, said I was making assumptions about what views people have about Israel or Palestine. I do not think I made any assumptions about that at all. I just happen to think that, in a debate, it is helpful if people take questions and listen to the arguments of others and are prepared to deal with them. That is how in a democratic forum you test arguments. I think it is very helpful, and perfectly reasonable, for people to draw conclusions from the fact that people are not prepared to have their arguments challenged. That is all I was saying.

Let me come to the Minister’s opening remarks. I strongly support the proscription of all three organisations mentioned in this statutory instrument. I am going to limit my remarks to Palestine Action, as that is the subject of the noble Baroness’s regret amendment, and draw attention to and support several things the Minister said.

In part two of the amendment, the noble Baroness talks about the misuse of anti-terrorism legislation and mentions property damage. The Minister made it quite clear that, on multiple occasions, this particular group has been involved not just in property damage. The attack against the Thales factory in Glasgow caused over £1 million pounds-worth of damage and caused panic among the staff, who feared for their safety as pyrotechnics and smoke bombs were thrown into the area to which they were evacuating. When passing custodial sentence for the perpetrators, the sheriff said that throwing pyrotechnics at areas where people are being evacuated to cannot be described as non-violent.

It is very clear that this organisation is careless about the effects of its actions on people. I am not going to draw attention to the specific event that is now the subject of criminal charges, but once you start attacking the defence assets of the United Kingdom—the people and property designed to keep this country safe—you cross a line. That is a line that peaceful protesters do not cross, and it helps support proscription.