Illegal Migration Bill

Baroness Hamwee Excerpts

Committee stage
Wednesday 24th May 2023 Lords Chamber

[Lord Sahota (Lab)]

My Lords, I will be very brief in speaking to the amendments in the names of my noble friend Lady Chakrabarti, the noble Lord, Lord Paddick, and the noble Baroness, Lady Ludford.

As the son of an immigrant, it always makes me uneasy when that word is spoken in vain. I am the son of an immigrant who was a member of the Sikh community which came to the UK in the 1950s, 1960s and 1970s and helped to build this country by working their guts out in the foundries of the West Midlands. Most of the foundry workers were Sikhs.

The Sikh population in the UK is now about 550,000 people. It is one of the most successful communities in the UK, with the lowest number of benefit claimants, the lowest unemployment rate and high rates of home ownership. Only 4% of the Sikh community lives in social rented housing, compared with 18% of other groups. It has the highest proportion of people in high-skill occupations at 39%, compared with 30% among other groups. Only 2% of the Sikh elderly are in care homes compared with a much higher number in other communities. A recent BBC study found that Sikhs are the most generous group when it comes to giving to charities. Over 60,000 meals—langar—are served every week on the streets of the UK by Sikhs. And yet—this is my first point—in a recent faith report for the Government by Colin Bloom, the impression given was that Sikhs are terrorists and extremists. I do not accept that characterisation of the Sikh community.

As for the Bill, I wish the Prime Minister had shredded it along with the other European papers. Whichever way you look at it, the Bill stinks to high heaven. It does not speak to our country’s traditional moral values, our international obligations on human rights, the UN convention on refugees, the European convention against human trafficking, other international treaties and so on and so forth. All these have been mentioned by other noble Lords. There is not a decent principle in the Bill that does not break human rights. I fully agree with these amendments.

We shredded our position and power in the world by pulling out of the European Union. Now, we are shredding our moral obligation in the world with this Bill—and what for? For a few votes in so-called “red wall” areas. Our Prime Minister and Home Secretary should think again before pursuing the Bill. As the son and daughter of immigrants, they should know how much immigrants have given to this country. I support these amendments.

[Baroness Hamwee (LD)]

My Lords, I am glad that the noble Lord, Lord Kerr, brought his copy of Hansard from Second Reading with him. My recollection of the Minister’s explanation regarding Section 19(1)(b) was that the matter had not been tested by the courts. That sticks in my mind because I thought it was curious, since the Government are rather critical of people running off to the courts for interpretations of the law.

I will say quickly, because I want to put it on the record, that I subscribe to the view that no asylum seeker can be illegal and to the comments about international law which have been made. I am afraid that I am going to retreat from the big picture and Second Reading to Amendment 1—possibly unconventionally. I am grateful to the noble and learned Lord for tabling it, because it made me start thinking about the definitions of a lot of other terms used in Clause 1. The term he has singled out—I agree with him that it needs clarity—raises a lot of issues. There is a sort of endless loop of argument about compliance by the individual and compliance by the Government in their assessment of what they are doing.

In my mind, that is not the only phrase in Clause 1(1) that needs to be clearer. The same sentence uses the wording,

“and in particular migration by unsafe and illegal routes”.

That raises a lot of issues, does it not? Unsafe, of course, is a matter of judgment. As for illegal routes, in legislative terms, how does a route become illegal? What does “and in particular” signify in this context? Does the reference to unsafe and illegal routes exclude other routes? I really do not know. It is good prose, but not in this context.

Another phrase which bothers me at a technical and, I have to say, a political and a practical level is

“in breach of immigration control”.

Superficially, one understands what that means, but I do not know and was unable to find whether this is a technical phrase and so legally clear within domestic law. Immigration control is breached by a contravention of legislation, I would think, at a given time. That is clear enough. However, in the area we are discussing, the Immigration Rules—which we know are constantly changing and which come from Ministers and do not touch the sides for parliamentary scrutiny—are part of immigration control. So, I would be interested to know what that means in this context. It seems to me that one could portray this as delegation to Ministers by another mechanism. It is not clear—this is the political point, I suppose—so it is not a deterrent. I think it is inappropriate and gives more power to the Executive, which the Constitution Committee reports are given

“an unusual degree of power”

by the Bill.

I have added my name to Amendment 84. The noble Lord, Lord Alton, is not in his place; I did not expect to find that the debate on this would come today, and possibly neither did he. I am grateful to the right reverend Prelate for highlighting compliance with the anti-trafficking conventions. I agree with the noble Baroness, Lady Chakrabarti, that we need to come together with a single list that we can gather around.

I do not want to pre-empt debates on the substantive issues regarding trafficking and slavery—I say that without intending to suggest that the conventions and directives are not significant; they are—but will simply say that I expect the term “world-leading” to be used quite a lot with reference to the Modern Slavery Act when we get to that part of the Bill. The international nature of trafficking means that the UK has to consider it internationally and comply with conventions and directives—which brings us directly back to the point that many other noble Lords have made.

[Lord Sandhurst (Con)]

My Lords, I will speak to Amendments 2, 4, 84 and 148. I shall not speak to Amendments 1, 3 and 5. As for those later amendments, I will wait to hear what the Minister has to say about their meaning and effect on the Bill.

I turn to Amendment 2. Let me begin by way of introduction by explaining what I understand to be the effect of Clause 1(5) of the Bill, which will disapply Section 3 of the Human Rights Act 1998. Importantly, it does not mean that the convention ceases to apply to matters covered by the Bill or to acts by Ministers and officials; they will still be covered by it. Section 3 provides that

“primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights”.