Illegal Migration Bill

Baroness Butler-Sloss Excerpts

Report stage
Wednesday 28th June 2023 Lords Chamber

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I have looked through these amendments but not put my name to any of them. I have to say that they—in particular Amendment 8—drive a coach and horses through much of what this Bill stands for. Therefore, I am going to ask my noble friend to make sure he resists them.

This is important because we face some very serious challenges in our society as a result of the rapid growth in our population. I will go over this issue only briefly because we are time-constrained, but I just remind your Lordships that this is already a relatively overcrowded island. Last year, we admitted permanently 600,000; the year before last, we admitted 500,000. Stoke-on-Trent has a population of 250,000, Milton Keynes 288,000 and Derby 259,000. If we are going to house those people properly—and we certainly should —we will have to build four Milton Keynes or four Derbies over just two years. On dwellings, we all know how fiercely fought this is. In 2001, there were 21 million dwellings in this country; there are now 25 million—in 20 years, we have built 4 million dwellings.

It is not just at that very high level. The fact that we are introducing hosepipe bans in the south-east of England now is because the population is rising so fast we are running short of water. When we debated this in Committee, I took a certain amount of incoming from the most reverend Primate the Archbishop of Canterbury. He said:

“everyone who has spoken so far has agreed, that we have to control migration. I do not think there is any argument about that, but does the noble Lord accept that of that 700,000 last year, or whatever the number turns out to be exactly, the Bill will cover only 45,000? The Bill is not about overall immigration”.—[Official Report, 24/5/23; col. 897.]

That is a fair point. However, the figure turned out to be 600,000 and it may well be that that 45,000 is 60,000, in which case it is 10%, not a sufficiently significant number, but the real challenge to us is that everybody thinks it is not their challenge. Everybody thinks it is somebody else’s challenge.

We have heard persuasive, dreadful, heart-rending speeches about the positions that people find themselves in—on behalf of interest groups of various sorts—and no doubt we shall hear them again. However, one group has essentially not been heard during our debates, and that is the 67.3 million people who live in this country, 18% of whom are from minority communities.

When I undertook my polling—which, as I have said to Members of the House, is freely available to anyone—I did not want it to be said that it was going to be old white Brexiteers living in the country, as opposed to young trendy hipsters living in the towns. In response to the question “The UK is overcrowded”, between 60% and 70% of people polled, across all social classes, all regions of the country and all age groups, felt that was the case. Every interest group, including those that are seeking to blunt the effect of the legislation before us, has to play its part in reducing the number. Unless we are seen to be responding to between 60% and 70% of our fellow citizens, uglier and nastier voices will emerge to capture that. We need to be conscious of that.

In my view, the amendments would punch holes in the bucket. How much water would flow out I do not know, but I hope the Minister will think very carefully before allowing the bucket to lose too much water because that way difficulties lie for us, for our communities and for generations ahead.

[Baroness Butler-Sloss (CB)]

My Lords, in Committee I tabled a similar amendment to Amendment 10, so I will not say much now because I said it then. I listened with interest to what the noble Lord has just said, and I recognise that we do not want illegal migration. However, there are broader and more important issues.

Children have rights. A child who is unaccompanied comes to this country, sometimes quite young, and is settled here in local authority care, placed perhaps in a foster family or a residential home. They go to an English school and become fluent in English but then, at the age of 18, are then removed either to Rwanda—the only country with which there is an agreement apart from Albania, and Albanian children are unlikely to be in this group—or to some other country or home that they have fled. Quite simply, to uproot children at 18 is, as I said in Committee, cruel.

[Lord Hacking (Lab)]

My Lords, I am afraid I have dropped my notes.

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Tabled by

[Baroness Butler-Sloss]

10: Clause 3, page 5, line 14, at end insert—
“(6A) An unaccompanied child who reaches the age of 18 must not be removed unless it is in their best interest to do so.”

[Baroness Butler-Sloss (CB)]

With great regret, because I know that I do not have sufficient support from the House, I will not move my amendment.

Amendment 10 not moved.

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[Lord Cormack (Con)]

My Lords, my name is on this amendment and the others that the noble Lord, Lord Hunt of Kings Heath, has tabled. He, like the noble Baroness, Lady Chakrabarti, has given us an admirable example of brevity, and I do not think one needs to repeat what was said in Committee.

As somebody who wrote a biography of William Wilberforce, my parliamentary hero, in 1983 to mark the 150th anniversary of his death and the abolition of slavery, I was particularly proud when it was a Conservative Home Secretary who took through the other place the Modern Slavery Act. I was very glad indeed to be able to give that support. It was in the very best cross-party spirit of your Lordships’ House, and we all of us are genuinely proud—I particularly that it was a Conservative achievement but with support from friends and colleagues in all parts. This Bill before us is going to undermine an international achievement of far-reaching importance. To quote another famous Conservative, this is something up with which we should not put.

[Baroness Butler-Sloss (CB)]

My Lords, I have also put my name to most of these amendments. I agree with every word that the noble Lord, Lord Hunt, has said, and I do not propose to say anything more about them, this being Report. I just want to make two extra points.

As noble Lords know, the noble Lord, Lord Coaker, and I got back from Warsaw today. I was chairing 14 countries discussing how Ukraine could be helped against exploitation and modern slavery. I had to deal with questions from so many other countries among the 14 as to what on earth the United Kingdom was doing in the Illegal Migration Bill. To my shame—and I admit that I was ashamed of what is happening— I could not for one moment support the Bill to those MPs from other countries; because this was a parliamentary meeting, everyone was an MP. It was really very distressing for me to stand up unable to support my own country.

The other point is that not only will victims not leave traffickers—the traffickers will say, with perfect truth, “Either you stay with us or you go to Rwanda. Which is worse? We suggest you stay with us”—but it will have a marked effect on prosecutions. There are already far too few prosecutions, and I think the impact on prosecutions of perpetrators and the extent to which modern slavery will increase over the years as a result of this Bill will be enormous.

[Lord Griffiths of Burry Port (Lab)]

My Lords, I spent the whole of last week in Strasbourg, where there was a very similar response from the 47 nations of the Council of Europe towards what we are doing here, with bewildered questions about it put in debate. I simply add that to what the noble and learned Baroness, Lady Butler-Sloss, said about her experience in Warsaw.

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[Lord Murray of Blidworth (Con)]

Order! Secondly, I suggest that the material figures are those in detention. It is a fundamental part of the scheme that people will be detained and removed. We can see from the figures that those in detention have been utilising NRM claims; you can see the increase from the statistics I gave a moment ago. On the noble Lord’s final point, those are all published statistics, and I can confirm that the 65% figure is in paragraph 143 of the impact assessment.

I remind noble Lords that the application of the public order disqualification is firmly grounded in the provisions of the European convention against trafficking, or ECAT. Article 13(3) of ECAT clearly provides that states are not bound to provide a recovery and reflection period on the grounds of public order. It is again worth stressing that these provisions are time-limited. We recognise their exceptional nature, and the Bill expressly provides for Clauses 21 to 24 to cease to apply after two years unless both Houses agree to extend their operation for no more than 12 months at a time.

For the reasons I have set out, we consider that this sunsetting provision is more appropriate than the sunrise provision proposed by the noble Lord, Lord Alton, in his Amendment 113A.

[Baroness Butler-Sloss (CB)]

I wonder whether the Minister could help me on this. On the figure of over 500 days in the NRM, from beginning to end, is that entirely due to Home Office officials not getting through it in a timely way, or is there any other reason why it is taking so long?

[Lord Murray of Blidworth (Con)]

The NRM process requires the gathering of evidence and input from the party, so it is not down entirely to Home Office resourcing issues.

The appointment of the new Independent Anti-Slavery Commissioner is at an advanced stage, and I am sure that once appointed they will want to monitor closely the impact of these provisions.

In relation to my noble friend’s amendments, I repeat the assurance that my right honourable friend the Immigration Minister made in the other place: namely that we will consider additional protections through statutory guidance for those who have experienced exploitation in the United Kingdom. We are continuing to develop such guidance and in doing so will adopt an appropriate balance between protecting victims of modern slavery and delivering the intent of this Bill.

As regards Amendment 103, the noble Lord, Lord Morrow, quite properly raises the issue of how the modern slavery provisions in the Bill sit with the continued operation of the relevant EU directives in Northern Ireland. As I have said in earlier debates in Committee, the provisions in the Bill are compatible with the Windsor Framework. In particular, in the context of this amendment we do not consider that the 2011 anti-trafficking directive falls within the scope of Article 2 of the Windsor Framework.

Amendments 96, 102 and 105, tabled respectively by the noble Lord, Lord Carlile, the noble Baroness, Lady Bryan, and the noble Lord, Lord Morrow, relate to the presumption that it is not necessary for a person to remain in the United Kingdom to co-operate with an investigation. As I outlined to the Committee, remote participation is now the norm in the workplace, and the criminal justice system is no different. It is simply no longer the case that a victim of crime needs to be in face-to-face contact with the police or others to assist with an investigation. In some cases, victims may even feel safer providing virtual or video-recorded evidence. I assure noble Lords that we are working to ensure that the relevant technology, interpreters and intermediaries are available where needed.

We have provided for statutory guidance to support decision-making by caseworkers when determining if there are compelling circumstances why the presumption should be set aside in a particular case, but there is no evidence as to why, in the majority of cases, such co-operation cannot continue by email, messaging and video conferencing. The presumption in Clauses 21(5), 23(5) and 24(5) is therefore perfectly proper and should be retained.

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[Lord Kerr of Kinlochard (CB)]

My Lords, I will speak in support of the amendment of the noble Lord, Lord German, to which I have added my name, and in strong support of the amendment of the noble Lord, Lord Dubs.

The noble Lord, Lord German, spoke of limbo, which is exactly what we will create here if we do not pass Amendment 15. These people will be detained indefinitely, in the dark about when they will be sent somewhere and in the dark about where they will be sent. That simply is out of keeping with the traditions of the society in which we are proud to live.

The Government will no doubt say that the possibility that a case might be allowed to start in the asylum process would significantly weaken deterrence. That seems to be the principal argument against today’s amendments—even, astonishingly, against the modern slavery amendment a few moments ago. The Government should perhaps read their own impact assessment, in which paragraph 31 says:

“The academic consensus is that there is little to no evidence suggesting changes in a destination country’s policies have an impact on deterring people from leaving their countries of origin or travelling without valid permission, whether in search of refuge or for other reasons. Non-policy drivers of behaviour (for example diaspora, shared language or culture, and family ties) are also known to be strong factors influencing the choice of final destination”.


I believe that that is the case.

The noble Baroness, Lady Kennedy of The Shaws, spoke powerfully in reaction to the noble Lords, Lord Clarke and Lord Howard, about the importance for the rule of law domestically and respect for international law of allowing the due process of hearing an asylum claim to take place. We all know that it needs to be streamlined and to have more resources put into it, but, basically, it is a sane system. The idea of limbo is insane, immoral and illegal, and, as the noble Lord, Lord German, pointed out, would be costly. The case for Amendments 14 and 15 is rock-solid.

[Baroness Butler-Sloss (CB)]

My Lords, I have put my name to the amendment of the noble Lord, Lord Dubs, which I strongly support, as noble Lords can imagine. I agree with everything that was said in support of Amendment 14, and I will add only two short points.

The first is that, over the years that I have been in this House, the Government have spoken again and again about the welfare and best interests of children. In the Bill, it is notable how the best interests and the welfare of children are totally ignored. Secondly, I visited Calais and met a number of young people, under 18, who were determined to come to this country. There was no question of them being pushed by any adults— I never saw an adult in any of the areas of Calais that I visited. They are determined to come, and they have good reasons to have fled their country. I heard harrowing stories of why they wanted to get away. Quite simply, this amendment would put back what they are entitled to and what is in their best interests. It should be supported.

[Baroness Lister of Burtersett (Lab)]

My Lords, I will make two brief points in support of Amendment 14. Before that I repeat the question I posed earlier: where is the child rights impact assessment that we were promised? It is now Report, and we really ought to have it.

My first point is that, in Committee, I quoted from the previous Lords Minister and from Home Office guidance that unaccompanied young children are

“not suitable for the inadmissibility processes”.

I asked the Minister to explain why, given these recent statements, they are considered suitable now, and on what evidence this policy volte-face is based. I did not get a reply, so I would welcome one now, please.

Secondly, last week, I attended Barnardo’s launch of its report A Warm Welcome: A Blueprint for Supporting Displaced Children Seeking Protection in the UK. We were given a booklet about a comic book for children seeking safety, co-designed by children and young people with lived experience of the asylum journey. It ended with a letter to the children who follow in their footsteps, which said:

“I know when you came to the UK you had a difficult time. I know this because I did too. So don’t worry, everything is going to be ok … You have been through a difficult time but you are safe now … You can forget the past because you are safe and you can look to the future and start your life here”.


I was close to tears reading this poignant letter because, if the Bill goes through in its present form, the children who follow will no longer be able to start a life here. The booklet was called Journeys of Hope; the Bill destroys that hope. This amendment would at least give back some hope to unaccompanied children who reach the UK through irregular routes.

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Moved by

[Baroness Butler-Sloss]

19: Clause 5, page 8, line 23, at end insert “and the Secretary of State is satisfied in relation to the proposed country of removal that it is a safe third State as defined in section 80B of the Nationality, Immigration and Asylum Act 2002.”
Member's explanatory statement
This amendment, and others in the name of Lord Carlile of Berriew, seek to ensure that asylum seekers can only be removed to third countries or territories listed in Schedule 1 if those countries are places where they will be protected from onward refoulement in breach of the Refugee Convention and be able to be recognised as a refugee and receive protection in accordance with the Refugee Convention (if so recognised).

[Baroness Butler-Sloss (CB)]

My Lords, the noble Lord, Lord Carlile, has asked me to speak on his behalf to this series of amendments. My name is on Amendment 33, and I strongly support the noble Lord’s amendments. As we all know, the refugee convention was signed by the British Government. These amendments look at a major concern about safe countries.

It is extraordinary that the Government have put 150 countries in Schedule 1, as I referred to in Committee, given that we know that only two on the list support this. We are told that, even with the additional number that the Minister has told us about, there is no agreement with the majority of countries and that some of the countries with which there are agreements, notably India, have not signed the refugee convention. How can the Government expect to send migrants and refugees to a country that has not signed it? It seems quite extraordinary. The Minister then tells us that it is such a good thing that these countries have joined. It is not only India, but I raise it as an important example.

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[Lord Stewart of Dirleton (Con)]

My Lords, I repeat the point. The Government retain discretion to enter into agreements and discretion in relation to the level of detail to be shared.

[Baroness Butler-Sloss (CB)]

I am so sorry to interrupt the Minister again, but could I ask a straightforward question? What is the view of the Government about countries they are referring to that have not joined, or have not signed up to, the refugee convention?

[Lord Stewart of Dirleton (Con)]

The straightforward answer to the noble and learned Baroness’s question is that we are content to treat with countries that have not signed up to the refugee convention.

On Amendments 29 to 36, the Secretary of State may add a country to Schedule 1 by regulations only if satisfied that there is in general in that country or part of it no serious risk of persecution and will not in general contravene the United Kingdom’s obligations under the human rights convention. In so doing, the Secretary of State must have regard to information from any appropriate source, including member states and international organisations. The views expressed by the United Nations High Commissioner for Refugees on a particular country, among other sources of information, will therefore be considered before a country is added to Schedule 1.

In response to the amendments tabled by the noble Baroness, Lady Hamwee, our contention is that, when considering adding a country to the list in Schedule 1, we need to consider the position in the round. We do not live in a perfect world, so it is reasonable to assess a country on the basis that they are generally safe and to consider the possibility of adding to the list only a part of a country.

The noble and learned Lord, Lord Etherton, raised the matter of Rwanda. In relation to protections for LGBTQ+ persons in that country, the constitution of Rwanda includes a broad prohibition on discrimination. Rwanda does not criminalise or discriminate against sexual orientation in law, policy or practice.

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[Lord Stewart of Dirleton (Con)]

My Lords, as I stated at the outset, the position is that the provisions for the ability of people to bring applications for serious harm suspensive claims allow for scrutiny of the safety of any location to which a person would be sent.

I was on the point of saying that, although we will not be voting this evening, I none the less urge the noble and learned Lord, Lord Etherton, and other noble Lords not to press their amendments.

[Baroness Butler-Sloss (CB)]

My Lords, I thank everyone who has spoken on this group. In relation to Amendment 19, it is not proposed to test the opinion of the House.

Amendment 19 withdrawn.