Illegal Migration Bill

Baroness Sugg Excerpts

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, at this hour, I do not propose to repeat anything that has been said, so splendidly and excellently, in relation to children, save to say that it is good news that, as the Minister told us, there are no unaccompanied children currently being detained. But that does not mean that they will not turn up next week, and there will certainly be unaccompanied children in the future.

I will say something very briefly about Amendments 76B and 78A on modern slavery from the noble Baroness, Lady Hamwee. I refer to my involvement in various aspects of modern slavery, which I set out earlier. I am very concerned, because it is intended that victims of modern slavery who have got through the first part of “reasonable grounds” ought, under the NRM, to be given the appropriate support. The support provided when they get to that stage of the NRM is generally very good, but none of it, as far as I can see, would be available to those detained by the Home Office under the Bill. That would be a huge deprivation to people who, by definition as having been trafficked, and likely to have been trafficked as well as enslaved, will have already suffered very greatly. This is really an extraordinary and another very cruel move of this Government.

[Baroness Sugg (Con)]

My Lords, I will speak briefly in support of Amendment 59 and its accompanying amendments. We have heard from many tonight about the impact that detention has on children; I do not need to repeat that. We heard on Monday from my noble friend the Minister, making the case against creating loopholes in this legislation. I understand his reasons for that, but, like the group that follows, this amendment is about detention and not the other powers in the Bill. We also heard on Monday from the Minister that we cannot evidence what is yet to happen. Of course we cannot, but we can look at what has happened before in this area. When routine child detention was ended in 2011, there was no proportional increase in children claiming asylum.

We all remember the situation before the current protection was in place, in Yarl’s Wood and elsewhere. I remember the campaign back in 2010, which garnered support from hundreds of parliamentarians and parliamentary candidates across the political and professional spectrum. I remember the pledges of all political parties to end child detention if elected, and I remember the then Prime Minister, David Cameron, delivering on that commitment. There remains widespread cross-party support for not returning to child detention and for maintaining the status quo of the current protections.

At Second Reading, four weeks ago today, my noble friend the Minister said that later in the passage of the Bill the Government would set out the new timescale under which children may be detained. That is very much welcome. It is clear from tonight’s debate that that detail is needed. I hope that this report will be simpler and quicker to produce than the oft-raised impact assessment. Is there any update on when this timescale will come, and can my noble friend confirm that we will see it before Report?

The troubling situation that we are seeing in our immigration and asylum system—the small boats, the backlog in processing, and the lack of broader safe and legal routes—was not caused by the lack of detention of children, and nor will it be solved by reversing our long-standing policy against child detention. I hope that my noble friend the Minister will consider accepting these amendments.

[Lord Scriven (LD)]

My Lords, I will speak to Amendments 60 and 65 in my name. I thank my noble friend Lord German and the noble Baronesses, Lady Lister of Burtersett and Lady Bennett of Manor Castle, for adding their names to these amendments.

Because of the lateness of the hour, I will not add to the very powerful speech by the noble Baroness, Lady Mobarik, and give all the reasons why increasing child detention time limits is a bad thing to do. However, I want to go back to what so many noble Lords have asked during this Committee stage: where is the evidence that this is required? The Government have not given any evidence or any reason why 24 hours-plus is required. Since the time limits for unaccompanied children were introduced back in 2014, there has been no empirical evidence and no indication of problems that have arisen which have caused either a pull factor or a push factor for child migration to this country. What is the problem? For a change of policy of this significance, which affects some of the most vulnerable children in the world, the scale of the problem and what problem this will solve have to be put before this House.

We could make the comment that so many noble Lords have, and which I am sure the Minister might: in due course, it will be in the impact assessment. However, the real issue is this. When the Minister stands up at the Dispatch Box, the reason and evidence for this, and the problem it is going to solve, need to be placed before your Lordships, otherwise we cannot in any conscience extend the detention limits.

It was a great part of our history when the Deputy Prime Minister in the coalition Government, Nick Clegg, insisted that children, for immigration purposes, should not be detained, and the Conservative partners in that coalition Government agreed. Noble Lords can see that nothing has changed, so the Minister has to explain what the problem is, what has changed and what problem this will solve.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, I begin with an apology to the noble Lord, Lord Scriven, because, had I spotted Amendment 76A, I would certainly have attached my name to it. I judge from its numbering that it was a relatively late arrival. Having addressed the detention of pregnant refugees at Second Reading, I saw that Amendments 68 and 70 had full, cross-party and non-party support—including from the Lords spiritual—so I could not attach my name to them. I certainly would have done so otherwise. The case for all these amendments—certainly for not making things any worse than they are now—has already been overwhelmingly made.

The noble Baroness, Lady Chakrabarti, took us gazing into the abyss; I am afraid that I am going to look even further into the abyss. I have specific questions for the Minister. Throughout these many long hours of debate, we have heard again and again that the Government are determined to remove people with great rapidity—that is, that they are going to detain them for just a few days and then remove them. We have all heard the expressions of doubt about that. I want to ask some questions about the Government’s intentions for the removal of pregnant refugees.

I have looked at the NHS guidance on travelling when pregnant; for the assistance of the Minister, the website is fitfortravel.nhs.uk. It says that flying during the first 12 weeks of pregnancy is risky because of the risk of miscarriage. It says that most commercial airlines accept pregnant travellers up to 36 weeks if it is a single pregnancy or up to 32 weeks if it is a multiple pregnancy if the pregnancy is uncomplicated and the pregnant person is in good health. This advice also notes that, in the post-partum period, the risk of deep vein thrombosis is significantly elevated. My question for the Minister, because I think that it needs to be raised in this context, is this: is it the Government’s intention to remove, presumably by flying, pregnant refugees, risking their health and that of their unborn babies?

[Baroness Sugg (Con)]

My Lords, I have co-signed Amendment 68, which, as we have heard, would keep the existing protection of a 72-hour time limit on the detention of pregnant women for immigration purposes. I appreciate that the Minister will make a similar closing speech to the one for the previous group, but I want to make some different, practical points on pregnant women specifically. I believe that there is a case for special treatment here.

In our debates on previous groups, my noble friend the Minister warned against introducing loopholes that could be exploited. I do not believe that that will be the case here. This is a narrow amendment. It does not seek to exempt pregnant women from the other provisions in this Bill, such as the duty to remove. It simply ensures that their and their babies’ health will not be put at risk by being detained with no time limit.

There is no evidence to support the suggestion that maintaining the time limit will result in more pregnant women crossing the channel. Women’s groups and experts working in this area do not believe that it will increase the number of pregnant women making these journeys, so I do not believe that there will be an incentive effect. I am not really clear on the reasoning behind that argument. I do not think anyone is suggesting that this will incentivise women to get pregnant so that they can claim asylum. Nor will women take the decision to put themselves and their unborn baby at risk of a dangerous crossing and eventual deportation just because they will not be detained on arrival for more than 72 hours.

If the broader measures in the Bill work as the Government intend and people are swiftly removed to another country, we will not see people traffickers seeking out pregnant women to make the crossing, exploiting a loophole, because they will not be exempt from removal. The risk of the very small number of people on whom this will have an impact absconding is very low, given the desire and need for healthcare when pregnant. Further, where there is a real risk of absconding, Section 60 allows for detention to be extended with ministerial authorisation.

Despite the same arguments being made when this issue was debated in 2016, the 72-hour time limit placed on pregnant women’s detention has not had an incentivising effect on women claiming asylum. Unfortunately, the Home Office does not collect specific statistics on the number of pregnant women claiming asylum, but the number of women claiming asylum annually prior to the time limit was about 7,000. This figure has stayed broadly the same post time limit; there has not been any increase.

Secondly, there is the argument that there will be sufficient protection for pregnant women thanks to existing or updated guidance. I do not believe that that will be the case either. The existing “adults at risk” level 3 does provide some guidance but, as we saw before the Immigration Act 2016, with just guidance, pregnant women were being detained on a far more routine basis than they should be.

During the passage of the Immigration Act 2016, the original proposition was for pregnant women to be protected through guidance but ultimately it was recognised that that just would not be robust enough, and we saw the introduction of the time limit. I appreciate what my noble friend the Minister said in the previous group about updating the guidance following this Bill, but the gap between policy and practice was really only closed through the introduction of a clear time limit in primary legislation which reduced the elasticity of or room for interpretation of guidance. This protection should remain in primary legislation.

There is widespread support for this amendment from across this House, from the other place and from organisations such as the End Violence Against Women coalition, which is made up of 143 specialist women’s support services and experts, from Refuge, the largest domestic abuse organisation in the UK, from medical professionals, and from the Royal College of Obstetricians and Gynaecologists. I will not detain your Lordships by reading out their supporter quotes but, believe me, they are very supportive. I am happy to share them at a more appropriate time.

This is a narrow amendment that would impact just a small number of vulnerable women and keep the protection against detention that pregnant women currently have. It would not create loopholes as it would not exempt women from the duty to remove. The known negative impacts of detention on pregnant women outweigh the un-evidenced—and in my view, incorrect—argument that this will incentivise women to cross in small boats.

This amendment is about protecting women, not putting them at further risk. It would maintain current protections that have been widely acknowledged as working well. If my noble friend the Minister still believes the current time limit should be removed, I would welcome an explanation of the specific reasons for that. I ask him to take into account the widespread support for this narrow amendment and to consider its merits ahead of Report.

[Lord German (LD)]

My Lords, this has been another interesting debate in which there has been one side only, and we face a series of debates where we are looking at fact versus forecasting. All of the speakers who have entered this debate in this short and very narrow area of work have been clear about the issues, which are evidenced—the health and well-being of pregnant women, the effect on unborn children, the dangers of restraint, which have been very well explained.

We are in exactly the same position as we were on the last group. We are asked to make a decision in this Committee based on unevidenced forecasting—in fact, we heard the Minister say earlier that he cannot be expected to look into a crystal ball. That is exactly what the Government are doing here, against all the evidence.

If you think about the number of organisations that have been referred to in this short debate, we are not talking about a small, narrow area of influence; we are talking about huge numbers of organisations representing women throughout this country, human rights and every other sphere you can imagine, believing that this is the wrong way to go. It is the wrong way because we do not have any evidence that it will do the job the Government want it to do.

The Government should stop their crystal ball-gazing to which they directed our attention earlier and concentrate on the evidence they have given. If they cannot provide the evidence themselves, listen to the evidence of the world around us.

Illegal Migration Bill

Baroness Sugg Excerpts

Committee stage
Monday 12th June 2023 Lords Chamber

I add a brief note on Clauses 25 and 26. A sunset clause is not the worst idea, but I note that what is included here is less a straight sunset clause and more a mechanism in law that protections for victims of trafficking and abuse can be switched on and off at the whim of the Government of the day and without objective and clear criteria for so doing. There is no clarity about what an end to exceptional circumstances might be or any objective criteria or accountability to which it would seem the Secretary of State can be held in making these decisions. No other form of victim support could or should be so arbitrarily switched on and off, and it is not a precedent to be welcomed. We have designed the existing modern slavery protections because that is a matter of justice and morality, and because victims deserve to be supported as victims. It should never be a matter of administrative convenience or at the whim of the Secretary of State of the day whether those protections should or should not apply. Accordingly, I find it hard on principle to see why Clauses 25 and 26 can possibly stand in the Bill.

[Baroness Sugg (Con)]

My Lords, I support Amendments 86 and 90. No one wants to see abuse of modern slavery legislation or false claims from those arriving on small boats, but I regret that in the Bill currently, all protection for genuine victims of modern slavery has been removed. These amendments are focused just on those who have been unlawfully exploited here in the UK; they do not allow people arriving to claim it. Any abuse of the national referral mechanism should be addressed but, as we have heard, no data currently exists on this, so I would be grateful if my noble friend the Minister could share any information on the scale of this issue. These amendments provide the additional protection for victims of modern slavery that the Immigration Minister is looking at, and I hope my noble friend will carefully consider them.

[Lord Paddick (LD)]

My Lords, as was pointed out by the noble Lord, Lord Kerr of Kinlochard, not one speaker has supported the Government’s position on these clauses. The only person who is going to speak in favour of the Government is the Minister. Surely the Government must realise what the Committee’s view is of these provisions.

In the debate on the Nationality and Borders Bill, we discussed the importance of a period of recovery and reflection for victims of modern slavery. For example, those traumatised often do not have a clear recollection of what has happened to them until after they recover. They cannot co-operate with the police until they have had a period of recovery; it is counterproductive to remove that provision.

In the remarks made by my noble friend Lord Purvis of Tweed on a previous group, we heard a clinical dismantling of the government case that the protections afforded by the Modern Slavery Act are being abused. It does not stand up to scrutiny. In previous groups, we also discussed how unlikely it was that victims would support a prosecution if they were removed from the UK. As the noble Lord, Lord Morrow, said, what will the impact of these measures be on tackling modern slavery?

We all want to see the prosecution of criminals involved in the exploitation of vulnerable people, whether they are children or vulnerable people trafficked into this country, but what assessment have the Government made of the impact on the likelihood of such prosecutions? How can all victims of modern slavery who arrive in the UK through what the Bill calls irregular routes be considered a threat to public order? We know how children can be groomed and coerced into committing offences—as so many children with British citizenship have been in connection with county lines drug dealing, for example—yet the Government want to disqualify from protection non-British children who could be in a similar position.

As the noble Lord, Lord Coaker, said, Clauses 21 to 28 remove all protections from victims of modern slavery who arrive irregularly, making it more difficult to prosecute the criminals exploiting vulnerable migrants, including children. If the noble Lord, Lord Macdonald of River Glaven, with all of his experience as a former Director of Public Prosecutions, is telling us that this will have a devastating impact on the police’s ability to tackle these issues, the Government should surely be paying attention. The noble Lord, Lord Carlile of Berriew, outlining the amendments of the noble Lord, Lord Alton of Liverpool, talked about witnesses of modern slavery not feeling safe in giving evidence against offenders.

The other important question raised by these amendments is when a new Independent Anti-Slavery Commissioner will be appointed. Will it be at the same time as the Government respond to the Joint Committee on Human Rights’ report on the Bill? They say that will be in August, when the danger of the Bill being criticised by such an independent commissioner will have gone.

What assessment has been made of how safe the countries in Schedule 1 are for victims of modern slavery? As the right reverend Prelate the Bishop of Durham said, there is a bigger problem with modern slavery in Rwanda than in this country, yet this Government are proposing to send victims of modern slavery to that country.

My noble friend Lady Hamwee drew attention to the excellent report of the Joint Committee on Human Rights, published on the weekend. It entirely supports the position taken by these Benches in opposing all clauses in the Bill, including those in this group. Clauses 21, 25, 26 and 28 undermine the Modern Slavery Act without justification and should not stand part of the Bill for the reasons powerfully explained by noble Lords on all sides of this Committee, including in the very powerful contributions of the noble Lords, Lord Randall of Uxbridge and Lord Cormack. I pay tribute to the long and continued dedication of the noble Lord, Lord McColl of Dulwich, in this area.

The amendments in this group, while commendable, would not remove the dangers to the victims of modern slavery proposed by this Bill. That is why these clauses should not stand part.

Illegal Migration Bill

Baroness Sugg Excerpts

Committee stage
Wednesday 14th June 2023 Lords Chamber

That of course was President Reagan at the Bitburg air base in Germany, not long after he had been to Bergen-Belsen in 1985. I was reminded of that kind of moral leadership when I heard the speech of the noble Baroness, Lady Helic. Her words about these people being not a burden but a responsibility that we must share globally are words that I will not forget in a hurry.

[Baroness Sugg (Con)]

My Lords, I welcome the Government’s commitment to deliver safe and legal routes and I support Amendments 128B and 128C, which help deliver that commitment.

There are numerous details and duties in the Bill on how illegal and unsafe routes will be stopped, but little on how safe and legal routes will be opened—so how and when? The number will be decided by the elected Parliament, but I would welcome clarity from my noble friend on whether country-specific, at House of Commons or listed schemes will be included, as I do not really understand how the system will work if that is the case. So I support Amendment 128B.

We have had various ideas about the mechanism, and a point has been made about the UNHCR resettlement scheme. Can my noble friend explain how the Government envisage that the scheme’s safe, legal and deliverable routes will work?

On timing, which I do not think has been mentioned before, the Minister has previously given verbal reassurance that these safe and legal routes will be opened by 2024. I think we all agree that they should be opened, but that does not really deliver the balance and the overall approach that is needed in the Bill. The plan is that, by the end of this year, the Bill will be law and the plans the Government have designed to stop the boats will be actioned. We are assured that the backlog is being dealt with, so safe and legal routes should be open by then, too.

The Minister has rightly highlighted the frustration that many people in this country feel about the unfairness of illegal immigration but, to make it fair, not only must we stop illegal and unsafe routes but we must open safe and legal ones. Amendment 128C does that.

The Bill is full of obligations and duties to stop the boats and to close illegal and unsafe routes. I hope the Government will agree to include the same obligations and duties to open safe and legal ones.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise with great pleasure to follow the noble Baroness, Lady Sugg, who raised some of the points on which I am going to focus about balance and the importance of all of this group. I offer Green support for all this group. In saying that, particularly looking at the exclusion of the Ukrainian, Afghan and Hong Kong BNO schemes, I should declare my position as co-chair of the All-Party Parliamentary Group on Hong Kong.

That word “balance”, raised by the noble Baroness, Lady Stroud, is terribly important. There is a real reflection to be made. We often hear in your Lordships’ House great praise for the Act passed through this Chamber centuries ago on the abolition of slavery. Yet there is a great deal of concern about the fact that there was just one very short paragraph that addressed what would happen to the former slaves, and paragraphs and paragraphs addressing compensation for the slave owners. That has had a very long historical tail that still rebounds today. I suggest that the Bill as currently constructed, with its extreme focus on attempts at deterrence and at treating refugees—desperate people—really badly, has real echoes of that, and that the Committee might like to reflect upon those parallels.

We have had a lot of discussion about terminology. The term that I prefer and will try to always use for what we are talking about in this group is “safe and orderly routes” for people to reach refuge in the UK. There is no such thing as illegally seeking asylum, and no person is illegal. That really needs to be stressed.

I pick up the point made by the noble Lord, Lord Purvis of Tweed, about our overseas development assistance and the way in which we are utterly twisting the classification as well as cutting the total sum in a way that will only produce more refugees, as well as more death and suffering around the world. In that context, I have to mention a briefing that I attended this morning from a brilliant organisation, the Global Antibiotic Research and Development Partnership—GARDP—which is working on sepsis in infants around the world and on drug-resistant sexually transmitted diseases. A comment was made that we put less money into that scheme than Germany does, despite our claims of world leadership in the pharmaceutical area. That is something to which some of our ODA money could, and should, be going.

I will focus in particular on Amendment 129 in the name of the noble Baroness, Lady Ludford, who has already outlined it very powerfully. I was pleased to be able to attach my name to it—it was one of the few that had space. It is about refugee family reunion, and I have two reflections on this. I am sad that the noble Baroness, Lady Kennedy of The Shaws, is not currently in her place, because I will first reflect on the work of the Refugee Rights Hub at Sheffield Hallam University, which is part of the Helena Kennedy Centre for International Justice. It has a scheme—a very innovative one, particularly following the cuts in legal aid to refugees, which were discussed earlier in Committee on a group when I am afraid I was not able to be present—in which 50 third- year undergraduate law students and two postgraduate interns work to help refugees already here to arrange family reunions. It is worth reading the accounts of those students and their experiences. They realise, “Wow, she is just like my sister”, or “Wow, he acts like my brother”. People who have heard lots of nasty things about refugees on social media, and in so much of the media bombardment we are subjected to, realise that they are doing something wonderful and amazing and how much they are enriching our whole society.

We really have not thought enough about the joy that a family reunion brings and the way in which it enriches our whole society. If a child comes and joins a school and brings all their experience and knowledge, or if an elderly parent comes—as proposed under this amendment—and a family is reunited, just think about how we are adding to the richness of our society and of the world. I do not think that we have talked about that very much.

I would love to stay hopeful but I cannot, so I will turn to the other side of this, which is the most recent report from the Independent Chief Inspector of Borders and Immigration regarding the Home Office’s management of the current family reunion schemes. A report in 2019 said that there were serious problems and made recommendations for addressing them. Sadly, what we had from the report of what happened from June to September last year is that the performance of the family reunion scheme has in fact deteriorated. The chief inspector reported that the system is “beset with delays”, the team is “ill-equipped to manage”, there is a “backlog of … almost 8,000” cases and it routinely takes double the standard 60 days to manage an application for family reunion. There is no evidence of prioritisation based on vulnerability—it is very often the intervention of an MP that makes a difference—despite the commitment and hard work of the staff.

Illegal Migration Bill

Baroness Sugg Excerpts

Report stage
Wednesday 28th June 2023 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak briefly in support of the amendments tabled by the noble Baroness, Lady Mobarik.

First, on the principle of third time lucky, for the third time today I ask where the child rights impact assessment is. By my reckoning, nearly half the groupings on Report concern children, and yet we have not been given the child rights impact assessment that we need to assess these amendments.

To return to these amendments, it is worth recalling what the Conservative Immigration Minister, Damian Green, said in his Written Statement in December 2010, following the announcement of the policy to limit child detention:

“This Government believe that children should not be detained in our immigration system … This new system will strengthen families’ trust and confidence in the immigration system, maintain public confidence in the Government’s ability to control the UK’s borders and ensure that families with children are treated humanely and in a way that meets our international obligations and our statutory duties in relation to children’s safety and welfare”.—[Official Report, Commons, 16/12/10; cols. 125-26WS.]


He had previously explained that:

“We want to replace the current system with something that ensures that families with no right to be in this country return in a more dignified manner”.—[Official Report, Commons, 17/6/10; col. 211WH.]


We have still not heard a plausible justification for why the Government are going back on their own policy. The deterrence argument is all the more unconvincing in the light of the impact assessment.

In Committee, I asked what steps would be taken to ensure that children are detained for as short a period as possible, as we have been assured of that. There was no reply. I asked about the estimate of the numbers of children in detention. There was no reply, and nothing, as far as I could see, in the impact assessment.

Yesterday, I received an open letter from 12 young people who arrived in the UK as unaccompanied children and child trafficking victims and who comprise a youth advisory group for ECPAT UK. They expressed their concerns about the Bill’s impact on children who come after them. They asked us to think what it would be like for us as children, or for our own children, and to ensure that children are treated as children first.

In a similar vein, I quoted earlier from a Barnardo’s report which set out ways to give a warm welcome and hope to child asylum seekers. Locking these children up in detention is the very antithesis of this. Please can we vote on Monday to treat children as children and give them a modicum of comfort and hope?

[Baroness Sugg (Con)]

My Lords, I rise briefly to support my noble friend’s Amendment 51 on maintaining the current protections for unaccompanied children. The commitment that the Government would set out a new timescale under which genuine children may be detained—made by the Immigration Minister in the other place and my noble friend in Committee—was very welcome. I hope that my noble friend the Minister will at this point on Report be in a position to provide further detail. If not, the other place will want the opportunity to discuss the matter further with the Government.

I fully acknowledge the verbal reassurances that we have been given by the Government on their ambition to limit the use of powers given by this Bill in relation to the detention of children, which are very welcome. However, accepting my noble friend’s amendment, or bringing forward one of their own in relation to the timescale for the detention of children, will really provide the reassurance that we are looking for.

[Baroness Stroud (Con)]

My Lords, I too support the amendment tabled by my noble friend Lady Mobarik. As we have heard, the abolition of child detention in 2014 was one of the landmark achievements of our Conservative Government. Along with the Modern Slavery Act, it was a major step forward in the protection of the most vulnerable in our society. The arguments for this amendment have already been made, so I will keep my remarks short, but I want to make a couple of brief points.

The new detention powers have no time limit in the Bill and apply to unaccompanied children and children with their families. Obviously, this is deeply concerning. The Government have rightly stated that we do not want to detain children, and have acknowledged the vulnerability of unaccompanied children in debates on this Bill. However, there are still no protections enshrined in the Bill to guarantee that protections remain in place for minors, and there has been time for the Government to clarify this. This really needs to change before the Bill becomes law.

Having spoken with the Minister in the other place, I am aware that the Government are considering these arguments, so this amendment gives them the opportunity to think again. I commend my noble friend Lady Mobarik’s amendment to the House.

Illegal Migration Bill

Baroness Sugg Excerpts

Report stage
Monday 3rd July 2023 Lords Chamber

[Baroness Gohir (CB)]

My Lords, I support the amendment from the noble Baroness, Lady Lister, to which I have added my name, because this Government are compromising the safety of pregnant migrant women and their babies.

To date, the Minister has not provided evidence that the numbers will increase if women are not detained. I wrote to the Minister and last week he acknowledged that, since January, no pregnant migrant women have arrived in this country illegally. Evidence has also not been provided that housing a few handfuls of migrant women, who have probably arrived over several years, will provide a danger to our society. For those reasons, I urge the House to support the amendment from the noble Baroness, Lady Lister.

[Baroness Sugg (Con)]

My Lords, I support the cross-party amendments in this group. I thank my noble friend the Minister for his engagement, which I have truly appreciated, but I regret to say that I have yet to hear an argument as to why this amendment should not be accepted.

This is a very narrow and focused amendment that simply maintains the current protection on the detention of pregnant women. There is a clear medical case, which is why it is supported by the royal colleges, medical professionals and over 140 groups representing women. It will not create loopholes. It will not incentivise pregnant women to make a dangerous crossing across the channel. It does not exempt women from the rest of the provisions of the Bill, such as removal. It will not create a pull factor, and there is really no way it can be exploited by the criminal gangs who arrange crossings. There cannot be false claims of pregnancy, as the time limit starts only once the Home Office is satisfied that a woman is pregnant.

Some have said that pregnant women are unlikely to be removed, given fitness to fly, but that is not the case, as NHS guidelines say that women can travel safely well into their pregnancy. That argument also misses the point, as this narrow amendment is not about removal; it is about detention. If it is the Government’s case that pregnant women may not be removed, it is even more important that this amendment be accepted, so that pregnant women are not detained for lengthy periods of time.

The amendment does not undermine the Bill. It is not a wrecking amendment; I have been very careful to try to avoid those. It impacts just a small number of women, but it will have a big impact on those women’s health and futures.

My noble friend the Minister is sincere when he says that the Government do not wish to detain pregnant women for any longer than is strictly necessary. Sadly, however, before this protection was in place and in legislation, women were kept in detention for weeks and sometimes months. We should not return to that. This narrow amendment is designed to ensure that that does not happen and that no women can slip through the cracks. Even at this last minute, I sincerely hope that my noble friend will accept the amendment. If he does not, however, and the amendment is pressed, I will, with regret, vote against the Government and in support of the amendment.

[Lord German (LD)]

My Lords, we on these Benches are pleased to support both amendments in the name of the noble Baroness, Lady Lister. I recommend that the Minister take note of the request she has made time and time again in this House for some form of impact assessment in respect of pregnant women.

Illegal Migration Bill

Baroness Sugg Excerpts

Consideration of Commons amendments
Wednesday 12th July 2023 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I rise to speak to Motion N1 in my name, which is just ahead of the Motion in the name of the right reverend Prelate the Bishop of Manchester. This is a rather different point; it relates to a situation where there may be a stand-off between the Home Office and the local authority.

Picture a child who is either being accommodated under Part III of the Children Act or for whom a judge or magistrate has made a care order which the local authority is complying with, and the Home Office, according to Clause 16, wishes the child to be removed in order to send them back to their parents or to some other place. Although it said to use it only occasionally, it does not say in Clause 16 that the local authority should be consulted or, rather more importantly, should actually consent. In particular, if there is a care order, that is an order of the court. As far as I can see, it would be very difficult for the Home Office just to pick the child up and take them away where there is a court order saying that the child must live with the family, or whoever it may be, arranged by the local authority.

Quite simply, what I am seeking is that the Secretary of State should bear in mind all these things and not just consult the local authority but gain its consent to the removal of the child from its care. It is a very simple proposition.

What I would like from the Minister is either an assurance that the Secretary of State will do that, or that he will take it back to the Home Office for the Secretary of State to consider and agree to it. I do not propose to put this issue to the House, but it is very important that the Home Office’s interaction with local authorities under Clause 16 be clarified and that the Home Office recognise the fact that it cannot just remove a child if it is contrary to the Children Act.

[Baroness Sugg (Con)]

My Lords, on the narrow issue of the detention of pregnant women, I thank the Government and the Minister for listening to and considering carefully the arguments made in your Lordships’ House and acting on them. Thanks to the many who made the case, and the government amendment, the existing protection of a 72-hour time limit remains in place. That is a small change, but it will make a big difference to the women in question, and for that I am very grateful.

[Lord Scriven (LD)]

My Lords, on these Benches, we support Motions E1, J1, K1, N1 and N2. We welcome the Government’s Motion L on time-limiting detention for women who are pregnant. This suite of Motions is about the depriving of liberty of some of the most vulnerable people who reach these shores and, in particular, the welfare of children.

Government Motion J is narrow, as the noble Baroness, Lady Mobarik, said. It is a limited concession, and as Tim Loughton pointed out in the other place yesterday, unaccompanied children’s arrivals are to be treated the same way as adult arrivals in terms of their detention for initial processing, and the amendment proposes nothing for unaccompanied children detained for those purposes.

As the noble Baroness, Lady Mobarik, said, for those who are deemed in detention for removal, there is no automatic condition of eight days; there is a condition that, at that point, a child can ask for bail. Just think of a 10 year-old child in detention: how will they have the support to be able to ask for bail? It is for that reason that, if the noble Baroness moves Motion J1 to a vote, these Benches will definitely support her. The same is true for the right reverend Prelate the Bishop of Manchester’s Motion on unaccompanied children.

I support Motions N1 and N2, and particularly the points made by the noble and learned Baroness, Lady Butler-Sloss. Throughout the passage of the Bill, these Benches have asked on a number of occasions, as have other noble Lords throughout the House, what the role is of the corporate parent—the local authority—under Clause 16. To date, the Minister still has not answered that question. It is really important that the Minister says something from the Dispatch Box; otherwise, this will end up in the court, given the contradiction between the Bill and the provisions in the Children Act 1989, particularly Sections 17 and 47. That is why it is important that the assurance the noble and learned Baroness asked for be addressed by the Minister now. We believe that Motions E1, J1, K1, N1 and N2, if put to the House—particularly Motions J1 and K1—will add a little more humanity, kindness and compassion to the Bill.