Illegal Migration Bill

Baroness Janke Excerpts

Committee stage
Monday 12th June 2023 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, as noble Lords will see, my name is attached to the amendment from the noble Baroness, Lady Brinton, and I support it. I am a patron of both Hong Kong Watch and another human rights organisation, The 29 Principles, relating to what is happening in Hong Kong and China. I, too, have been lobbied by many young people and Hong Kong families here, who have fled because of the threats to their safety back in Hong Kong. They face great difficulties and uncertainties around the status of their children. I will not rehearse all of the arguments that noble Lords have heard.

Having heard the noble Lord, Lord Moylan, make an eloquent argument about the whole business of citizenship, and listening to my noble friend Lady Lister, I support this clause stand part proposition. Our special relationship with Hong Kong, and our special duties and responsibilities concerning those people, should be at the forefront of this Government’s mind.

[Baroness Janke (LD)]

My Lords, I will speak to Amendment 95EA in the name of my noble friend Lady Ludford. The amendment seeks to ensure that all UK obligations under EU law are considered when persons are considered for ineligibility in terms of the rights to entry or citizenship.

As my noble friend said, the consideration of rights under the ECHR raises a number of concerns, such as in relation to Articles 2, 3 and 8. This includes, for example, the right to family reunion, the right for individual circumstances to be considered, and even the rights of safety and not to be tortured. The need to consider the best interests of children is a priority under the ECHR as well as the United Nations Convention on the Rights of the Child. Indeed, the Government have acknowledged that children affected by the Bill will rarely qualify for citizenship, so it is difficult to see how provisions in the Bill are in the best interests of children, as required by the UN Convention on the Rights of the Child.

The right to citizenship is the means by which an individual is able to construct a life, settle, earn a living and feel at home in their circumstances. However, individuals fulfilling Clause 2 conditions will be denied those things. They will most likely be kept in a form of limbo, waiting to be moved elsewhere. Ineligibility for citizenship is particularly important for children, who, in effect, will be denied a future by this Bill through no fault of their own.

The Bill does not comply with many of the UK’s international obligations and penalises the most vulnerable and threatened people. The safeguards of ministerial discretion to protect people from breaches of international law are inadequate, as the report of the JCHR makes clear in its recommendations. I would be interested to hear the Minister’s response to those recommendations.

We have heard from noble Lords some of the punitive measures in the Bill, so how could any of us support what the Government propose in terms of treatment of children? How can it be right to punish children for the activities of their parents? That is unjust and insupportable. To flout international law is deplorable, as it condemns many who have already suffered to more injustice. The Joint Committee has exposed the inadequacy of the Bill, and I hope that the Minister will consider its recommendations.

As others have said, the systematic wrecking of long-supported safeguards for the protection of refugees and asylum seekers is totally unacceptable. The potential for the contravention of international obligations has been clearly established by the JCHR, and is the basis for Amendment 98EA and many other amendments in this part of the Bill, which deserve our support. I look forward to hearing the Minister’s response.

[Lord Paddick (LD)]

My Lords, my noble friend Lady Ludford has fully explained our reasons why Clauses 29 to 36 should not stand part of the Bill. The lifelong prohibition on status is disproportionate; extending the prohibition to children, who may not have had any choice in their irregular arrival in the UK, is both unfair and unlawful.

As my noble friends Lady Ludford and Lady Janke have said, these provisions will produce a permanent underclass who are unable to work and reliant on the state. We believe that these provisions are incompatible with the European Convention on Human Rights, the UN Convention on the Rights of the Child and the Children Act 1989.

We also support the amendments from the noble Lord, Lord Moylan, and my noble friend Lady Brinton, on the narrow issues affecting citizenship by registration and British national overseas citizens, particularly the children of those settling here from Hong Kong and their inability to acquire travel documents.

We believe that Clauses 29 to 36 should not stand part of the Bill, and we also support my noble friend Lady Ludford’s Amendment 98EA, to ensure that the Home Secretary has to comply with all international agreements and not just the European Convention on Human Rights.