Nationality and Borders Bill

Baroness Ludford Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Ludford (LD)]

My Lords, the hallmarks of this Bill are illegality and inhumanity; the imposition of still greater inefficiency and expense on our asylum system; and prejudice to the interests of society in having well-integrated refugees.

The Bill delivers neither dignity for asylum seekers nor a fair deal for taxpayers. My colleague in the other place, Alistair Carmichael, said:

“If cruelty and bureaucracy were the answer, the Home Office would have solved the problem long ago.”


The Bill represents, in the words of distinguished lawyers led by Raza Husain QC,

“the biggest legal assault on international refugee law ever seen in the UK.”

We have a system that is already working badly. Nearly two-thirds of initial decisions are found by the courts to be wrong, there is a backlog of 60,000 people whose cases await initial assessment, and it takes an average of a year to decide a case. The numbers the UK receives ought to be manageable: most European countries, including France, receive far more refugees per head of population than we do.

The obvious solution is to frontload the system, including investing in retention of caseworkers; improving the quality and accuracy of first-instance decision-making; restoring legal aid; and properly funding the courts and tribunals. But the Government, ignoring the first rule of holes, which is to stop digging, have chosen to worsen these problems by making what they call a broken system even more complex and unfair, which only entails yet more delay and expense. They will then double down on blaming asylum seekers rather than looking at the mote in their own eye—I am not the first to observe that it is the Home Office which is broken—and the whole sorry cycle will continue.

There is little in the Bill which helps to put the people-smuggling gangs out of business. The only real way is to create sufficient safe and legal routes, whether through resettlement, humanitarian visas, allowing claims to be lodged at a UK embassy or from, for instance, France, or family reunion. Can the Minister tell us what assessment her department has made of the impact the Bill will have on the number of family reunion visas granted each year?

The UNHCR makes the entirely valid point that the Government’s aim of forcing people to claim asylum in the first safe country they reach is by necessity absent from the refugee convention. The front-line states, which already accommodate nearly 75% of the world’s refugees, would never have signed a convention committing them to host 100%.

I second what the Conservative MP Caroline Nokes said on Report about penalising so-called group 2 refugees:

“It causes me real concern that we will create a two-tier system in which people with identical claims to safety—at identical risk from the Taliban—are treated very differently.”—[Official Report, Commons, 7/12/21; col. 311.]


The further marginalisation of asylum seekers is not only cruel but thoroughly misguided. Skills are lost and health harmed; they are left open to exploitation, with integration and naturalisation impeded and postponed. This is contrary to every interest of our society, which is to see refugees become contributing, productive and taxpaying citizens as soon as possible. Instead of keeping them in depressed limbo for years while they are demonised as scroungers for getting a princely £5.66 a day, the Government should allow all who are able to work. What is the Minister’s response to the recent warning by the Migration Advisory Committee of the “clear evidence of harm” being caused by the current ban on employment?

All I can say now about the proposals on channel pushback, which my noble friend Lady Jolly has fully covered, and offshoring is that they are utterly misconceived. I also have time only to flag my concerns about the proposals on age assessments.

Although the provisions of Clauses 1 to 8 on citizenship are largely welcome, there are two specific groups whose problems in acquiring British citizenship I want to flag: Chagos Islanders and some EU citizens. I signal my intention to join the noble Baroness. Lady Lister, if she so acts, in an amendment on the lines of that tabled in the other place by Henry Smith to restore the citizenship rights of the Chagossians and their descendants, who lost both their homeland and nationality rights when cruelly evicted 65 years ago. It is encouraging that the Minister, Tom Pursglove, indicated that he was “sympathetic” to its aims.

I will again be vigorously pursuing the obscure and obsolete legacy of comprehensive sickness insurance, this time because it is unjustly tripping up EU citizens as regards their own or their children’s British citizenship or family reunion rights.

Lastly, as well as Clause 10 on stateless children, Clause 9 is understandably causing great alarm among our compatriots who because of descent or marriage could be at risk of statelessness. Can the Minister—here I only echo the superb analysis of the noble Lord, Lord Anderson of Ipswich—explain how a right of appeal against a no-notice decision works if the person does not know about that decision?

I look forward to extremely robust discussion in Committee.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

I cannot read the mind of the Home Secretary, but the noble Lord is absolutely correct that that was a quote from her. On the point that she was making, I think the article he referred to was in relation to the Liverpool bomber. I think the Home Secretary gave that as an example of someone whose asylum claim had been refused. That person then went on to do potential harm to the people of this country. In fact, through the actions of the very brave taxi driver, he blew only himself up, but she was reflecting on the harm that a broken asylum system can do to the people of this country. That is why we need to give refuge to those who need our refuge and to make sure that we deter illegal migration and come down hard on those people who would wish this country harm. I hope that encapsulates my right honourable friend’s estimation of the situation and satisfies the noble Lord, Lord Blunkett.

In terms of the impact of provisions on women, which I touched on earlier, I was very interested to hear the contributions of the noble Baronesses, Lady Coussins, Lady Lister and Lady Neuberger, about the experiences of women and girls including those fleeing sexual violence, and from the noble Baroness, Lady Hollins, about the experience of vulnerable people who may be experiencing physical or mental ill health. These must be quite traumatic experiences, particularly if you are in a war-torn country.

We recognise that people who have experienced those traumas may feel unable to provide evidence relating to their protection or human rights claim. That is why the Bill makes very clear that, where late evidence is provided and there are good reasons for that, the credibility penalties relating to late evidence will not apply. We will set out in guidance what can constitute good reasons to allow decision-makers the flexibility to take a case-by-case approach depending on a person’s specific situation and vulnerabilities. Looking at the noble Lord, Lord Ponsonby, and his potential case study, it might apply in that case.

We have heard many views expressed on our proposals to make it possible to remove protection claimants to a safe country while their claims are processed. I note in particular the speeches from the noble Lords, Lord Desai, Lord German and Lord Dubs, and my noble friends Lord Horam and Lord Kirkhope of Harrogate. While people are placing their lives at risk making perilous journeys, every possible option must be considered to reduce the draw of the UK. The Government have made their position clear throughout the debate: people should claim asylum in the first safe country that they reach. That is the fastest route to safety. We are also clear that this Bill is fully compliant with all our international obligations and we will not act in such a way which means that a person’s life is at risk or which places a person at risk of persecution, torture, inhumane or degrading treatment.

I move on to the British Hong Kong service personnel. I hope noble Lords will indulge me for an additional minute or two because I was intervened upon. The noble and gallant Lord, Lord Craig of Radley, raised concerns about the former British Hong Kong service personnel, and I think, to be fair to him, has been doing so since I have been a Home Office Minister, so I must give him credit for that. We remain extremely grateful to those former British Hong Kong service personnel. Under the British nationality selection scheme, a limited number were settled in Hong Kong and could apply to register as British citizens, as he knows. I can confirm, as he requested, that the Government have identified a potential solution to this issue and are currently investigating proposals that could see this cohort treated in a similar way to other non-UK service personnel. That would be in addition to other pathways that they may already be eligible for. There is considerable work to be done to fully scope the ramifications and impact of the policy; however, we aim to provide further details as soon as we can with a view to a solution being provided before the end of this calendar year. Given that he has waited nearly six years—under my tenure anyway—I know he has got an awful lot of patience.

More broadly in terms of international co-operation, my noble friend Lord Balfe, the noble Lords, Lord Reid, Lord German, Lord Davies, Lord Liddle and Lord Dubs, and the noble Baroness, Lady Prashar, have spoken eloquently about the need for us to work with our international partners to tackle what really are shared global challenges. I totally agree; all countries have a moral responsibility to tackle the issue of illegal migration. Most countries have got the challenge of illegal migration.

[Baroness Ludford (LD)]

I apologise for creating a slight extra delay, but I have listened in the last 21 minutes to the noble Baroness several times referring to “illegal migrants” or “illegal migration”. This Bill is about asylum seekers and refugees. We may differ on the legal issue of people arriving or entering irregularly, and our interpretation of the refugee convention, but under the Government’s own terms this Bill is not about illegal migrants; it is about asylum seekers.

[Baroness Williams of Trafford (Con)]

It is also about illegal migrants.

Going back to international partners, we expect them to engage with us and we have tried to work with them to build on our good current co-operation and continue to highlight the importance of having effective returns agreements to stop people making perilous crossings. This is an established principle of any functioning migration relationship, and it enables us to maintain public confidence in our immigration system.

We have already signed agreements with India and Albania. There are more people here illegally from India than from any other country, and there are more foreign criminals from Albania than from anywhere else. It is now easier to return criminals and people with no right to be here to both countries. Beyond this, we will seek to negotiate readmissions arrangements with key EU member states which have a mutual interest in preventing asylum seekers moving between safe countries. Where we do not have broad returns agreements, we will seek returns on a case-by-case basis. We will continue to work with our international partners to meet this joint challenge.

We have heard a range of views on international conventions. I note the contributions of the noble Baronesses, Lady Fox, Lady Chakrabarti and Lady Neuberger, and the noble Lords, Lord Green of Deddington, Lord Dubs, Lord Coaker, Lord German, Lord Hannay of Chiswick, Lord Oates and Lord Griffiths of Burry Port. This Government remain committed to our international obligations, including the 1951 refugee convention and the European Convention on Human Rights. Those in need of protection should claim in the first safe country they reach. That is the fastest route to safety.