Illegal Migration Bill

Baroness Kennedy of Shaws Excerpts

Report stage
Wednesday 5th July 2023 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I agree with everything that the noble Lord, Lord Kerr, has said and I particularly support the amendment in the name of the noble Baroness, Lady Stroud. During last year and this year, one of the criticisms we have heard in this House of the small boats and those coming across has been that they should have taken safe and legal routes; but as the noble Lord, Lord Kerr, has demonstrated extremely clearly, there are absolutely no safe and legal routes at the moment, unless you go through UNHCR. For people like the woman fleeing Tehran, whose case was given as an example by the noble Lord, Lord Kerr, there is no way she could get here.

If I may respectfully say so, it is hypocritical of the Government to suggest that there are routes that could have been taken to avoid taking the small boats. I deplore the small boats. I do not want to see any more of them. The dangers are appalling and I recognise the problems that the Government have but, as the noble Lord, Lord Kerr, has said, they need to provide safe routes. To suggest that these may be ready by the end of 2024 seems a nonsense; we need them now. If we are to get rid of the boats, we absolutely must have well-known, safe routes from somewhere in Europe.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, we have just had mention made of the young woman from Tehran. I have been in touch with that young woman; in fact, there are more than one of them. Some of your Lordships may have seen the BBC programme last week, which showed the amount of footage that was recorded on cell phones of what happened when the young woman Mahsa Amini was taken into custody because she had her scarf on in an inappropriate way. She ended up in a coma, and then dead. Two young women journalists had got into the hospital and photographed her in that coma, then photographed her family being told that she was dead. Photographs were seen in that programme of her beaten body, her face obviously pulverised by blows. In the days immediately afterwards those two journalists knew that, once they had published their film footage, they would be at risk of arrest—and there was no way that we could get them out. Contact was made, but there was no way.

A few months ago I spoke to the noble Lord, Lord Ahmad, who is always so sympathetic to these positions. Turkey is one of the obvious places that people can flee to, but it is not a safe place for Iranian women; we have seen returns of people to Iran. The question was: if they got to Turkey, could they go into the British embassy, ask for a visa and be given sanctuary and help to get out? The noble Lord had to come back to me and say no, that would not be an acceptable way of dealing with this.

So what is the mechanism for journalists like that, who are in imminent danger? Those two women journalists are now serving six years apiece. They were put on trial, were not allowed to have lawyers and are now serving sentences in jail. That is why I tabled an amendment to the Bill suggesting that there should be emergency visas so that people in imminent danger can do something to get out.

That usually means journalists. I have personal experience of sitting in this country with Anna Politkovskaya, a Russian journalist who had written about Putin and his conduct. She went back to Russia, and three weeks later I saw her body on the stairwell of the building she lived in, with blood pouring down the stairs because she had been shot. These are real events in the lives of people who are being courageous in calling out the abuses of Governments, yet there is no way that we can help them to escape.

It is not only journalists. The lawyer acting for Navalny, the opposition leader who was making a stand against Putin, was immediately arrested. There ought to be ways in which we can provide emergency visas for people to get out. In 2019 the Government announced:

“A new process for emergency resettlement will also be developed, allowing the UK to respond quickly to instances when there is a heightened need for protection”,


and that is what we were calling for. Four years later, that still has not happened.

In 2021, in the months immediately after the military evacuation of Afghanistan, I was directly involved in trying to get judges, particularly women judges, out of that country. We managed to evacuate 103 women judges and their families, but only a small number of them were taken in by Britain. At that stage I delivered a petition to No. 10, signed by tens of parliamentarians, lawyers and human rights experts, calling on Her Majesty’s Government to introduce as a matter of urgency emergency visas for the remaining women judges, women television presenters and women Members of Parliament who had not managed to get out. I did not hear a dicky bird. I did not even get a reply to the petition; I am sure that Mr Johnson took it with him into retirement.

We now have the embarrassment that Canada has created emergency human rights defender visas, as has Ireland. The Czech Republic recently did so too, at the behest of the great project that this country was at the heart of creating, the Media Freedom Coalition. We advised that there should be emergency visas for journalists and were persuading the world to create them. The Czech Republic did so, and it now has a huge number of the journalists who had to flee Russia. Do we have many of them?

I too will support the amendment from the noble Baroness, Lady Stroud. I will not ask for a vote on mine because we are in a bit of a hurry but, if we accept the very sensible amendment to create emergency visas and new routes for people, I call on the Government to include the ones that will be necessary where people’s lives are in imminent danger, as we have seen in a number of conflicts recently.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, the House will know that I support the direction of travel of the Bill. I have therefore listened with particular care to the heartfelt, heart-rending speeches from the noble Lords, Lord Alton and Lord Kerr, and the noble Baroness, Lady Kennedy of The Shaws, but the House and indeed the country are entitled to know, broadly, the scale of the commitment that we would be asked to accept if all these amendments were passed.

Therefore, I will detain the House for a minute or two, particularly in relation to the background to Amendments 162 and 164. I accept that the phrase “safe and legal routes” has a seductive ring to it, because it makes it sound as though we can square an extraordinarily difficult circle. But in the end it comes down to numbers, and in Amendment 164 I see no mention of a cap or limit on the numbers—I stand ready to be corrected.

I heard my noble friend Lady Stroud refer to the Minister’s reference to caps for local authorities but, if she argues that this is one way for us to get around and break the business model of the boat smugglers, I ask her: what happens when we fill up to the cap that my noble friend the Minister will have devised? Will the people smugglers not reappear immediately? In relation to my noble friend Lady Stroud’s proposed subsection (3), on the procedures to be used and who will undertake them, there is a great deal of open-ended difficulty, not least around the sort of issues we discussed a few minutes ago about the definition of “children”—this will be about the definition of a “relevant person”.

--- Later in debate ---

[Lord Bourne of Aberystwyth (Con)]

My Lords, it is a great pleasure to follow the most reverend Primate and to support his amendment, the essence of which is constructive and positive.

Over the course of the discussions and debates on this Bill, opinions have been very passionate. Understandably, given that there are so many key issues to look at, the debate has been fractious on occasion. However, this amendment stresses the need for a long-term strategy. Rather than having individual states acting in isolation, which we are in danger of doing, surely, we can come together and say, “Yes, we do need a strategy and to look at this in a multilateral way”. This is a problem that I think we all accept will get more serious in the light of climate change, food security issues, warfare and great population movements.

This issue was last looked at in any meaningful way in 1951, and from very much a European perspective. Many states have not been signatories to that convention, but whatever one feels about it, it certainly met the needs of the time. The problems are very different now. These population movements are now much more a global issue, and we need a long-term strategy.

As the most reverend Primate said, in Committee the Government’s answer seemed substantially to be that a strategy would bind future Governments—a strange thing for them to be saying in the run-up to an election. However, it is much more important than that. As the most reverend Primate said, we have strategies on all sorts of things. It is important to build some common ground so that this does not become a party-political football. As a permanent member of the United Nations Security Council, we are in a very strong position to take an international lead on this—something that the Government would surely want to do.

I suspect that the Government’s stance may have shifted somewhat—from “We don’t want a strategy because it binds the hands of future Governments”, to “this Bill deals with a short-term issue”. This is not a short-term issue but very much a long-term one, and it will get more serious. We need an approach that is not ad hoc, not a stop-gap and not short term. It must be long term and look at these issues much more in the round, and it must do so internationally.

Given that there have been so many defeats, I hope that the Government are thinking positively about accommodating in the Bill the strength of views expressed in this House, and that developing a long-term strategy makes sense and is something we can all get behind. I urge them to do so, or to tell us what their strategy is. If they do have a strategy, it would be good to hear it. In the absence of that commitment and explanation, the conclusion will be that the cupboard is bare.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, I too added my name to the amendment tabled by the most reverend Primate. I did so because, as has been said, this issue will really challenge us in the years ahead. It is imperative that we collaborate with other nations and are involved in meaningful conversations about how to share responsibility for those who are being persecuted.

However, we must recognise that climate change will cause enormous displacements of people. While we can seek comfort, as lawyers do, in saying that the refugee convention does not apply to those fleeing climate change because its definitions do not embrace that possibility, the reality is that people will be fleeing for their lives—just as those who are persecuted do—from places to which they will not be able to return. There will be heavy questions about what we do in the face of that. In any strategy, it is necessary to think about how we support the countries alongside places where there are conflicts, where there will be a dearth of, and conflict over, water; let alone the existing conflicts over resources in parts of Africa such as lithium—the stuff in our phones—rare earth minerals, gold and black diamonds.

We will face many problems in the years ahead, and it is only by collaborating with other nations, especially developed nations and our nearest neighbours, that we will find a solution. It is a cross-party issue, and people should be thinking and talking about it together. We must have a Home Office that works well, that can deal with this issue properly and that is not failing speedily to address valid applications for asylum. It has been failing on that for a number of years because of the cuts made to it.

I support the idea that there should be a clear strategy for parties of any complexion to follow in working through this. I strongly urge the House to support the most reverend Primate’s amendment.