UK Asylum and Refugee Policy

Baroness Ludford Excerpts

Friday 9th December 2022 Lords Chamber

[Baroness Ludford (LD)]

My Lords, this has been an excellent, very important and timely debate on the eve of Human Rights Day, as the noble Baroness, Lady Chakrabarti, pointed out. These Benches very much welcome this vital opportunity to reflect upon the impact of government asylum policy. The most reverend Primate the Archbishop of Canterbury is to be greatly congratulated on instigating the debate, and the number of speakers shows the volume of interest in this topic and is a tribute to him.

The most reverend Primate said, among many other things, that a compassionate asylum system

“does not mean open borders, but a disposition of generosity and a readiness to welcome those whose need is genuine and where we are able to meet that need”,

and that it

“has confidence to reject the shrill narratives that all who come to us for help should be treated as liars, scroungers or less than fully human.”

I agree very strongly with those words—and indeed his whole speech—and with his view and that of the Bishops collectively that the Government’s policy of shipping asylum seekers to Rwanda is “an immoral policy” that “shames Britain”.

The only thing I am not persuaded about, rather like the noble Baroness, Lady Berridge, is the wisdom of opening up the refugee convention for amendment. Even if I accept the point about new causes such as climate change, I fear that revising the convention could be a Pandora’s box and invite backsliding; the words of the noble Lord, Lord Green, put me on notice about that. I would also comment that trafficking is already an international crime under EU law, but the UK Government refused to take part in that directive—though, confusingly, I noticed that they revoked it recently anyway.

The right reverend Prelate the Bishop of Leicester, the noble Lord, Lord Sahota, and the noble Baroness, Lady Twycross, have all made important and valuable maiden speeches. The noble Baroness, Lady Twycross, rightly praised the community response to Afghan refugees, as well as recalling her own family’s diverse origins. I can relate to her fate of being too opinionated for the Civil Service—I lasted only 15 months, for the same reason. The noble Lord, Lord Sahota, recalled the impressive history of his family in both India and the UK, and

“the slings and arrows of racial discrimination”.

He deplored the limbo and exploitation into which asylum seekers sink, and the cost of this to society and the public purse as well as to individuals. The right reverend Prelate the Bishop of Leicester recalled how Leicester has thrived as a city of migration, as well as speaking of his own history. We are all, he says, pilgrims in a foreign land. My own mother was born in Dublin, which makes me a dual national, so I have a tinge of that.

The contribution of the noble Lord, Lord Dubs, on refugee issues is second to none. I congratulate him on his 90th birthday. He looks embarrassed at that, but he is a splendid colleague on the Joint Committee on Human Rights, though we are both about to be chucked off—by rotation only, I should add. The noble Baroness, Lady Nicholson, talked of the terrible plight of the Yazidis. Going back to the noble Lord, Lord Dubs, he said that our asylum policy tested who we are as a country, which I so agree with, and he recalled, of course, the Kindertransport. The noble Lord, Lord Cormack, spoke of the Huguenots.

However, government policy and the language around it seems to junk this heritage, displaying a growing politicisation playing to populist nationalism, a shirking of our share of global responsibility, and an utter failure to uphold international human rights and refugee law and set an example of international leadership and partnership, including through co-operation with our European neighbours. The noble Lord, Lord Hannay, spoke on those themes. As my noble friend Lady Hamwee noted, I am sorry that the noble Baroness, Lady Stowell, and others have conflated economic migration—which the Government have full control over but have allowed to increase—and flows of refugees.

The Government’s policy is one not of shelter but of deterrence, which the Nationality and Borders Act 2022 has entrenched in several ways that violate international human rights and asylum law. As the noble Lord, Lord Kerr, said, the incompetence compounds the cruelty. These measures punish and penalise people for seeking asylum by the only means that is available to them: usually a dangerous journey controlled by dangerous organised criminals. The noble Lord, Lord Griffiths, told us that only 13% of asylum seekers who go missing are ever found.

But all of this has not prevented the escalation in the rhetoric of the Home Secretary and her Immigration Minister, Robert Jenrick, who throw around terms like “threat”, “invasion” and “illegal” about largely vulnerable and frightened people seeking asylum. As others have said, the Home Secretary called them “invaders” barely 24 hours after a firebomb attack upon people seeking asylum detained at the Western Jet Foil site in Dover. I certainly agree with the noble Lord, Lord Kamall, on the need to change the language used around this issue.

This debate takes place days after the Home Secretary welcomed and apparently endorsed as “vital and necessary” a collection of proposals, including pulling out of the European Convention on Human Rights and the refugee convention and proposing indefinite detention for arrivals, put forward in a report for the Centre for Policy Studies by Nick Timothy, a former adviser to Theresa May. These reckless proposals elicited a public denunciation from UNHCR, saying that they were based on

“critical factual and legal errors”.

UNCHR pointed out, again, that

“there is no such thing as an ‘illegal asylum-seeker’.”

The noble Baroness, Lady Chakrabarti, also made this point.

A far better report than Nick Timothy’s came in October from the Oxford Refugee Studies Centre, the Refugee Council, the NGO Unbound and the noble Baroness, Lady Stroud, of the Legatum Institute, whose excellent speech I was delighted to listen to today. Of course, she did so much in the debates on the Nationality and Borders Bill to advocate for the right of asylum seekers to work, which is a win-win policy on every level, including self-respect, self-support and fairness to taxpayers. I think this is the answer to the noble Baroness, Lady Fox, who talked about people complaining about generosity to asylum seekers—they are not allowed to support themselves and give back. Such a policy would also help to address our acute shortage of labour, as well as providing one of the keys to successful integration—but the Government stubbornly refuse it and no doubt will again today. I very much look forward to the report of the commission chaired by the noble Lord, Lord Carlile, on integration.

The contrast between the two reports I have mentioned could not be greater: one is rooted in fear and dislike, the other on hope and opportunity. The second report, in which the noble Baroness, Lady Stroud, played a role, says:

“Refugee policy should be a strategic priority for the United Kingdom … it can and should be a source of national unity as it has in the past for Conservative and Labour-led governments”.


I am pleased to see that the Bill of Rights Bill—also known as the rights removal Bill—which seeks to destroy the Human Rights Act, has been “deprioritised” by the Prime Minister. But my pleasure is tempered by the fact that the apparent reason is to make more space for a Bill to overhaul the “broken” asylum system and combat the so-called channel boats crisis.

But the asylum system, which my noble friend Lady Hamwee called “exclusionary and unworkable”, is only broken because successive Conservative Home Secretaries have failed to get to grips with what ought to be a manageable administrative task of establishing, through a fair and efficient determination of claims, whether people are refugees, and sending back those who are not. We received 70,000 asylum applications in the year to September 2022—that is a fair number, but it is far fewer than France or Germany, and it should not overwhelm the Home Office.

Other noble Lords, including my noble friend Lord Roberts and the right reverend Prelate the Bishop of Durham, cited the backlog figures, so I do not need to repeat this sorry tale—but I note the dire effect that this has on physical and mental health. As the most reverend Primate said,

“Control has become cruelty. Staggering inefficiencies by successive Governments trap people in limbo … at incredible expense … in the system for years, unable to build a life or to contribute to our society.”


This is the worst of all possible worlds and such a waste.

However, rather than prioritising the clearing of that backlog, the complications, differential treatment and inadmissibility rules in the Nationality and Borders Act are likely to add further delays. What assessment has the Home Office made of the impact of the inadmissibility rules, which provide a new sort of red tape, on the prospect of reducing the backlog? As the most reverend Primate the Archbishop of York said, we have a dysfunctional asylum system that threatens our social cohesion.

I have a particular interest in family reunion because I steered the latest version of that Private Member’s Bill through the House recently, taking up the baton from my noble friend Lady Hamwee. The rules are far too restrictive; for instance, they do not allow even unmarried daughters who are 19 or in their early 20s from somewhere like Afghanistan to join their parents, siblings to be reunited or, in particular, children to sponsor family members, so those children have to remain alone, lonely and vulnerable. The right reverend Prelate the Bishop of Durham referred to this.

Child refugees are getting a raw deal all round, as the noble Lord, Lord Carlile, described. The Home Office placed nearly 3,300 children in hotels in the year to October 2022, with no lawful basis and outside the child welfare and protection systems of local authorities, meaning that opportunities to protect children from trafficking have been missed. Will the Minister set out the department’s plan to end the use of hotels, particularly for unaccompanied asylum-seeking children? As the right reverend Prelate the Bishop of Chelmsford highlighted, housing is an important feature of integration. The noble Earl, Lord Sandwich, noted the scandal of money being diverted from the aid budget to the Home Office.

The results of the Government’s failed deterrence policy have been disastrous for all parties except organised criminals, as the noble Lord, Lord Desai, pointed out. Smugglers, traffickers and other abusers are thriving because Governments, including, sadly, our present one, refuse or fail to take up their responsibilities to provide fair and efficient asylum systems. I say to the noble Baroness, Lady Fox, that an efficient system would, inter alia, identify and remove those who did not qualify. Expanding safe, regular and accessible pathways for refugees to travel to the UK—including through expanded family reunion and humanitarian visas, as the noble Lord, Lord Kerr, stressed; processing on French soil, probably, as the noble Lord, Lord Cormack, said; and greater resettlement, as the noble Lord, Lord McInnes, spoke of—would offer real alternatives to dangerous, irregular journeys.

The debate today has provided numerous ideas for the Government to improve our asylum system, instead of it being stuck in the disastrous state in which it currently resides.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

Those considerations are being studied in the department and will feed into future policy on this issue.

Where an individual’s claim is unsuccessful, they would need to be removed to their country of citizenship or another destination where they would be accepted.

It was apparent that there was a tension between the suggestion of the most reverend Primate the Archbishop of York and the most reverend Primate the Archbishop of Canterbury on whether we should extend our Ukrainian policies to all nationalities. As the most reverend Primate the Archbishop of Canterbury rightly noted, it is of course not immoral to have a limit or restrictions on immigration. While we sympathise with the many individuals who are in difficult situations around the world, the United Kingdom simply cannot help everyone who may like to come to this country.

We have introduced the asylum transformation programme, which aims to bring the system back into balance and to modernise it. It focuses on increasing productivity by streamlining, simplifying and digitising processes to speed up asylum decision-making and increase efficiency and output. Since the programme was established in the summer of 2021, a number of positive steps have been taken. More decision-makers have been recruited, alongside steps to keep experienced staff in post.

We have also tested a range of initiatives aimed at reducing the time it takes to interview and decide asylum claims. Changes in recent trials have doubled the number of decisions made per week; we are looking to roll these initiatives out nationwide as a result. This is undoubtedly a significant task, but I assure the House that efforts to address the backlog and alleviate the current pressures will continue in earnest. I hope this assures my noble friend Lord McInnes that the changes we are making will fix the issues with the asylum decision-making process.

Many of those arriving in the UK claim to be children and do not have clear evidence, such as a passport, to back this up. Decision-making is very challenging, and the current process is very subjective and can be disputed in long and expensive legal proceedings. The United Kingdom typically receives more than 3,000 asylum claims from alleged unaccompanied asylum-seeking children per year. Many of those arriving in the UK who claim to be children do not have evidence. Between 2016 and September 2022 there were 7,357 asylum cases in which age was disputed. In the subsequent resolution, some half—3,696 individuals—were in fact found to be adults. If there is doubt whether a claimant is an adult or a child, they are referred to a local authority social services department for a careful, case law-compliant age assessment. They will be treated as a child until a decision on their age is made. I do not need to remind noble Lords that one of the consequences of an adult being treated as a child is that this has the potential to expose those in local authority care to risk.

Beyond our domestic reforms, we are working closely with our international partners to deter small boat arrivals and put an end to the practices of people smuggling and clandestine travel into the United Kingdom. I entirely agree with the comments from the noble and learned Lord, Lord Brown of Eaton-under-Heywood, who pointed out the nonsensical position that Albanians can prioritise themselves by crossing the channel in a small boat and, on that basis, effectively jump the queue. It is incumbent on us to prevent that sort of self-selection and queue jumping. The noble Baroness, Lady Prashar, and others overlook the basic fact that not all those who claim to be refugees are actually refugees. It is not immoral to point this out. As my noble friend Lord Robathan stated, we must be sensible and not naive about this.

While legal challenges are ongoing, we remain committed to delivering the migration and economic development partnership between the United Kingdom and Rwanda to address the shared international challenge of illegal migration and break the business model of the people-smuggling gangs. This policy does not subcontract or outsource our responsibilities to Rwanda. Instead, the United Kingdom and Rwanda working together will help make the immigration system fairer and ensure that people are safe to enjoy the new opportunities to develop. It is by reforming the asylum system and taking bold international action to address the global migration crisis that we can keep providing protection for those who need it through safe and legal routes.

I would like to respond to the assertions of the noble Lord, Lord Browne of Ladyton, on our assessment that found Rwanda to be

“a fundamentally safe and secure country with a track record of supporting asylum seekers.”—[Official Report, 14/6/22; col. 1518.]

This is set out in the relevant country policy and information notes available on GOV.UK. These assessments are kept under review and updated periodically to reflect any significant new issues or evidence. We regularly monitor and review the situation in Rwanda and are working closely with the Foreign, Commonwealth and Development Office.

Last month the United Kingdom and France signed a new agreement further to bolster our combined efforts to prevent dangerous channel crossings, including through strengthened operational co-operation and investment in cutting-edge surveillance technology. The UK remains committed to addressing illegal migration with France via our enduring relationship. We continue to engage with our French friends at all levels, political and operational, supporting the meeting of our shared strategic aims with the provision of technology and sharing of intelligence. France and other EU countries are safe countries and, like the UK, have asylum systems that provide protection to those who need it.

[Baroness Ludford (LD)]

I apologise for interrupting the Minister, but I did not do so earlier. He talks about safe countries, and earlier he said there is an obligation to claim asylum in the first safe country, but he will of course be aware that the UNHCR said that it is absolutely not the law. Indeed, if it were, the refugee convention would never have been signed because countries that neighbour conflict areas, which already take the bulk of refugees, would never have signed it.

[Lord Murray of Blidworth (Con)]

I hear what the noble Baroness says. I commend to her the excellent Policy Exchange paper From the Channel to Rwanda: Three Essays on the Morality of Asylum. On page 14 of that excellent paper, Professor Finnis reminds us that

“the Rwanda scheme does not sub-contract anything. The UK as a founding party to the Refugee Convention, did not undertake to receive or process or admit refugees. Its contractual undertaking and obligation is (a) to give certain rights and privileges to those refugees whom it has chosen to admit and given leave to stay, and (b) not to deport anyone to an unsafe country.”