UK Asylum and Refugee Policy

Baroness Prashar Excerpts

Friday 9th December 2022 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I, too, thank the most reverend Primate the Archbishop of Canterbury for introducing this important debate, and for doing so so effectively. It is essential that we discuss this issue in the way it has been framed, because the debate about asylum and refugee policy has become very toxic. We have lost sight of the principles which should guide this policy.

Challenges facing asylum and refugee policy are quite different from those facing voluntary migration policy. Of course, every country has the right to control voluntary migration and develop policies to meet its needs, but we have to remember that involuntary migration is different. Asylum seekers and refugees do not move out of choice; they are forced to flee persecution and other intolerable conditions. Unfortunately, debates about asylum and voluntary migration have been conflated—sometimes, I fear, deliberately. This has confused the issue and has led to a very negative and ill-informed public debate. Of course public opinion matters, but those in authority have the responsibility to explain. Inappropriate terminology has crept into this discourse and has influenced policy. For example, the term “illegal refugees” is used by many, even by those in authority, and as we know, under international law this is a misnomer.

The 1951 refugee convention is the cornerstone of the international refugee protection regime. We are party to this convention and we have a duty to comply with its provisions, but the UNHCR said that our current asylum and refugee policy undermines established international refugee protection law and practices. It said that arrangements that seek to transfer refugees and asylum seekers to third countries in the absence of sufficient safeguards and standards simply shift asylum responsibilities, evade international obligations and are contrary to the letter and spirit of the refugee convention. For a country that prides itself on promoting the rule of law here and abroad and that wants to influence international standards, this is a damning statement.

The Nationality and Borders Act will create differential status for asylum seekers based on their mode of travel to the UK. It will divide people into “genuine refugees” and “failed asylum seekers” through the creation of a two-tier system. Furthermore, under this Act, asylum seekers now face the threat of criminal charges and a four-year prison sentence for entering “illegally”. This policy is not only contrary to the spirit and letter of the refugee convention; it is estimated that these misguided measures will cost £2.7 billion.

In trying to justify the provisions of this Act, some have said that the 1951 convention is a Cold War relic with outdated definitions and is not suitable for the challenges we face today. In my view, the principles contained in the convention provide a humane and compassionate framework that should remain the cornerstone of our asylum policy, as was so eloquently stated earlier by the noble Lord, Lord Griffiths of Burry Port. It is deeply regrettable that our policy is now based on two guiding principles: deterrence and creating a hostile environment, the consequences of which have been dire. What we need is a refugee protection system that provides safe and legal routes and treats refugees with compassion and humanity. This will be a better deterrence against smugglers than costly and ineffective surveillance at sea.

While there are specific schemes for people from countries such as Ukraine, Hong Kong and Afghanistan, for many others no such routes exist. At present, asylum seekers must be present in the UK before applying for asylum. If no safe route is available, irregular entry is the only option, which the smugglers exploit. Unfortunately, in recent years the Government have severely reduced the number of people coming through global resettlement schemes and have relied on an inconsistent, piecemeal approach and creating a hostile environment. Instead of expanding refugee resettlement programmes and dealing with an asylum backlog that has left more than 100,000 people waiting for over six months, billions of pounds have been wasted on deterrence measures that do not work. Meanwhile, as we have heard, thousands of people are left in limbo, banned from working and living in dreadful, isolated accommodation. A more humane approach would be to open up targeted and limited legal asylum routes, along with a new humanitarian visa for asylum seekers.

The challenges of forced migration are unlikely to abate and are likely to be exacerbated by climate change. It is estimated that by 2050, 200 million people globally each year will require humanitarian assistance due to climate change. This underlines the importance of international co-operation to develop responses which are compassionate, humane and preserve human dignity. Working with the United Nations and other multilateral institutions to find ways of dealing with this should be a priority. Having left the EU, Britain is no longer a party to Dublin III. Apart from with France, to date, no equivalent arrangement has been made either bilaterally or between the EU and the UK. In 2023, the Global Refugee Forum will be held in Geneva. These are opportunities to strengthen international co-operation in order to develop viable international responses that tackle the plight of refugees and asylum seekers.

The current situation is untenable and a blot on our image as a country which has a proud history of welcoming refugees. I look forward to the Minister’s response.