Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Brinton and Baroness Lawlor

Report stage
Wednesday 6th March 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I tabled Amendment 35 in this group, which is broadly similar to Amendment 34 in that it is concerned with relying on age assessments of children, and those who end up in Rwanda—even though the Bill claims that they will not end up in Rwanda.

I thank the Minister for his letter, which I received by email just before Report started on Monday. I did not think that I needed to check with the other people I was told it would be cc’d to, but a large number of them have not received it. I wonder whether the Minister would mind forwarding it on to them, even though they are all named.

I agree with everything that has been said by the previous speakers, and from these Benches we will support the noble Baroness, Lady Lister, if she wishes to test the opinion of the House.

Regarding the letter about age assessment, I note that the SI for immigration age assessments went through on the 9 January and came into force on the 10 January. I also note that the Home Office has not let launched the process but is beginning to plan how to do so. I asked my question because the detailed report by the specialist committee, the AESAC, was always concerned that there is no infallible method for gauging age—and the letter from the Minister says that the AESAC acknowledges that

“there is no infallible method for either biological or social-worker led age assessment”,

and that

“the committee acknowledge that there is uncertainty in the data used to predict the maturation points of the teeth and bones particularly”.

So, despite three pages of trying to persuade me that age assessment is okay, the principal concerns of this specialist committee are that it is not something that can be relied on scientifically.

On that basis, I hope that the noble Baroness, Lady Lister, will test the opinion of the House later.

[Baroness Lawlor (Con)]

My Lords, I oppose this group of amendments on two grounds. I too want to promote the best interests of the child, but it is not in the interests of the child to be sent on dangerous journeys by land and sea, and in small boats, or to be removed from the care of family, relatives, friends, and a familiar home, to a distant country, to be brought up in care by strangers, where public authorities are stretched to the limit looking after their own children. I hope that the deterrent effect will be taken seriously by parents contemplating sending young children.

Many of the children are discovered, after scientific age assessment, not to be minors. I will not discuss the findings, and there are many different views about the validity of age assessments in this country. But I will take an impartial view from a neighbouring G7 country: that age determination tests have been used and have revealed that many who claim in a sample—I think one of the samples was for 2019—were not so. I draw attention to the analysis of age based on bone age, where radio- graphical evidence suggested that 55% of those claiming to be minors were over the age of 18. In fact, the average age of that 55% was found to be 29.

So, for two reasons, I oppose any change to the Bill, which will weaken the deterrent effect, as these amendments would. First, it is not in the interests of the child to be removed from their family, and not in the interests of the parents. I agree that nobody in this Chamber would probably contemplate doing it, and I do not think we should encourage parents overseas to contemplate doing it. Secondly, without tough conditions on age assessment, people might be encouraged to make false claims.