Nationality and Borders Bill

Baroness Prashar Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Baroness Prashar (CB)]

My Lords, as we have already heard, several provisions in this Bill are a real cause for concern. The actual effects of the Bill in its current form would be to punish refugees, reduce safe and regular routes to the UK and limit refugee family reunion rights. I associate myself with the comments made by the noble Lords, Lord Rosser, Lord Blunkett, and Lord Anderson of Ipswich, about Clause 9.

This Bill will create a differential status for asylum seekers based on their mode of travel to the UK, leading either to their claim for asylum being dismissed or to them being given temporary asylum status with significant restrictions on family life and financial support. Asylum seekers will face the threat of criminal charges and a four-year prison sentence for entering illegally, thus criminalising asylum seekers.

Those who make irregular journeys to seek refuge do so because conditions in their countries of origin are desperate and necessitate leave for asylum. The UNHCR has clearly stated that these provisions will not only be discriminatory but are inconsistent with the refugee convention and have no basis in international law. These concerns should not be dismissed lightly. There is nothing in the refugee convention that defines a refugee or their entitlement under it according to the route of travel, choice of country of asylum or the timing of their claim. Orderly exit from dangerous and volatile situations is never easy. We only have to recall the shocking scenes we all witnessed in Afghanistan. Delays in opening up safe routes and settlement schemes exposed the arguments about safe third countries.

The Government have been keen to emphasise their desire to increase safe and regular routes, but this Bill does not introduce any new legal routes of this kind, nor does it increase the numbers already coming here. It also attempts to close off asylum status for those who have travelled from a safe third state to the UK. This again is contrary to international law, which allows asylum seekers to seek protection in specific countries where they have legitimate reasons.

The Government’s attempts to criminalise asylum seekers for irregular entry to the UK is beyond comprehension. The consequences of this have been powerfully articulated this afternoon by organisations working closely with asylum seekers. The Bill is not worthy of the UK and the values we purport to project to the world. If we want to prevent the exploitation of vulnerable people from ruthless smugglers, we need to give priority to the provision of safe and legal routes and not become ruthless towards asylum seekers.

The Bill also proposes that refugees arriving in this way should be housed in accommodation centres. Plans for accommodation centres have been criticised by the Refugee Council, the British Red Cross and others. Conditions in current centres are harrowing and have been graphically documented. The extension of this dehumanising proposal, particularly offshore centres, would lead to human rights abuses where oversight would not be possible. Offshore processing of asylum claims is not only inhumane, it also undermines the refugee convention by shifting our obligations offshore.

Anti-slavery provisions are also deficient. They do not tackle the concerns which have been raised by victims of trafficking being seen through the immigration lens rather than as victims of trafficking. As I said earlier, aspects of this Bill are inhumane. Analysis of facts and figures show that claims from asylum seekers are small compared to other countries. Why they come here is evident if we look at the countries from which they are coming. The changes we need to make need to keep this perspective in mind, and we need to ensure that the system treats asylum seekers with humanity and not as numbers to be processed or criminalised in the process.

As the noble Lord, Lord Kirkhope of Harrogate, said, we have a tendency to conflate asylum seekers with migrants. This confuses the issue and leads to misleading debates. This issue also requires international co-operation. If we care about our international obligations and our image as a decent country, I urge the Government to listen to the concerns expressed and to respond with understanding to the amendments which will be introduced in Committee.