Safety of Rwanda (Asylum and Immigration) Bill

Debate between Baroness Coussins and Lord Kerr of Kinlochard

Report stage
Monday 4th March 2024 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

My Lords, there is an irrefutable case, in my view. It is very odd when you think about it. We had three days in Committee and a long Second Reading, and the Government have heard nothing from us which is of any interest to them. There are no government amendments on the Marshalled List today, not a single one, and the Government have shown no signs of picking up, improving, adjusting, or taking advantage of any of the amendments tabled by anyone all around the House. I am tempted to say it is rather contemptuous. We have taken their Bill seriously. I am not sure that they have taken seriously what we have said about the Bill, but now we come to the test because this group contains nothing which would in any way detract from what the Government are trying to do.

Having heard the explanation by noble and learned Baroness, Lady Butler-Sloss, of the modern slavery amendment, that it cannot be right to treat the victims of modern slavery as perpetrators and it cannot be right to penalise victims; having heard the arguments advanced by noble and learned Lord, Lord Etherton, who has drawn attention to what clearly is a lacuna—not a large lacuna, but a real lacuna—in the Bill; and having heard the noble Lord, Lord Browne, explain what seems to me to be a debt of honour, it would not cost the Government very much to say, “Okay, we have heard you. Maybe we want to adjust your wording, but we are prepared to incorporate your thoughts because you hit on three real points, not seriously damaging to our Bill, where changing our view would be the honourable course to take”.

I very strongly support the amendment from the noble Lord, Lord Browne. The service that I was privileged to lead is a small service, which, in my time, employed more than 10 locally engaged staff for every single member of the Diplomatic Service in our high commissions and embassies around the world. The vice-consuls, the clerks, the drivers, the security guards, the messengers: many of them worked for us for a lifetime. In certain countries, at certain times, having worked for us puts such people in grave danger. One thinks nowadays of Russia, Belarus, Iraq, Iran and, of course, Afghanistan.

I strongly support the case for doing the right thing for those who have assisted our military, but those who have assisted the King’s servants on the ground in diplomatic missions, without diplomatic immunity, and who are now, as a consequence, at risk deserve the same degree of support. It is a matter of honour; not to pick up the amendment of the noble Lord, Lord Browne, would be dishonourable.

[Baroness Coussins (CB)]

My Lords, I strongly support Amendment 44 in the name of the noble Lord, Lord Browne of Ladyton, to which I would have been more than happy to add my name had there not been a limit of four sponsors for each amendment.

As we have already heard, one of the groups of Afghans to whom this exemption would apply would be the interpreters who worked with the UK Armed Forces in Afghanistan, whose predicament at the hands at the Taliban I have been highlighting in your Lordships’ House for over 10 years now. I am happy to say that many thousands of Afghan interpreters have succeeded in being relocated to the UK with their family members, but there are others whose claims under the various schemes have been unfairly or inexplicably rejected and who still live in fear, as do their family members. Only two weeks ago, I was contacted by one such individual, who had worked as an interpreter and translator. He said it was common knowledge in his community that he had been working for the British, so he felt forced to flee to a third country where he is now living in hiding, in fear of his life, with his mother and younger brother.

The importance of this proposed new clause to this individual and others like him is that his application under ARAP was refused on the grounds that he was not directly employed by HMG. His employment as an interpreter and translator was with a global agency under a contract that that organisation had with DfID to provide translation and interpreting services to the Armed Forces and to UK government projects in Afghanistan. So he would clearly fall under the terms of proposed subsection (1)(b) of this new clause in relation to indirect employment, and his family would fall under Clause 1(c).

To me he appears to be typical of the brave linguists who worked with pride for the UK but who, in the end, may feel forced to seek access to the UK by what would be treated as illegal means. In no way should he then have to face the indignity of being further removed to Rwanda. His loyalty is to the UK.

I am equally concerned about those who worked for the British Council as well as the so-called Triples, whom the noble Lord, Lord Browne, mentioned. Some of these Afghans are also in hiding, in fear of kidnap, violence and death threats at the hands at the Taliban. If forced to seek asylum here other than through an official route, they also deserve our gratitude, respect and protection. I appeal to the Minister to accept the amendment and to undertake to review all ARAP rejections, not just those of the Triples.