Nationality and Borders Bill

Baroness Williams of Trafford Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

Moved by

[Baroness Williams of Trafford]

70B: Before Clause 69, insert the following new Clause—
“Visa penalty provision: general
(1) The immigration rules may make such visa penalty provision as the Secretary of State considers appropriate in relation to a country specified under section (Visa penalties for countries posing risk to international peace and security etc) or 69.(2) “Visa penalty provision” is provision that does one or more of the following in relation to applications for entry clearance made by persons as nationals or citizens of a specified country— (a) requires that entry clearance must not be granted pursuant to such an application before the end of a specified period;(b) suspends the power to grant entry clearance pursuant to such an application;(c) requires such an application to be treated as invalid for the purposes of the immigration rules;(d) requires the applicant to pay £190 in connection with the making of such an application, in addition to any fee or other amount payable pursuant to any other enactment.(3) The Secretary of State may by regulations substitute a different amount for the amount for the time being mentioned in subsection (2)(d).(4) Before making visa penalty provision in relation to a specified country, the Secretary of State must give the government of that country reasonable notice of the proposal to do so.(5) The immigration rules must secure that visa penalty provision does not apply in relation to an application made before the day on which the provision comes into force.(6) Visa penalty provision may—(a) make different provision for different purposes;(b) provide for exceptions or exemptions, whether by conferring a discretion or otherwise;(c) include incidental, supplementary, transitional, transitory or saving provision.(7) Regulations under subsection (3)—(a) are subject to affirmative resolution procedure if they increase the amount for the time being specified in subsection (2)(d);(b) are subject to negative resolution procedure if they decrease that amount.(8) Sums received by virtue of subsection (2)(d) must be paid into the Consolidated Fund.(9) In this section—“country” includes any territory outside the United Kingdom;“entry clearance” has the same meaning as in the Immigration Act 1971 (see section 33(1) of that Act);“immigration rules” means rules under section 3(2) of the Immigration Act 1971;“specified” means specified in the immigration rules.”Member’s explanatory statement
This new clause and new clause headed “Visa penalties for countries posing risk to international peace and security etc” provide that immigration rules may make provision penalising applicants for entry clearance from countries posing a risk to international peace and security or whose actions are likely to lead to armed conflict or a breach of humanitarian law.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, following Russia’s invasion of Ukraine, I am bringing forward Amendments 70B to 70N and Amendment 84E to allow visa penalties to be extended to countries that present a risk to international peace and security, or whose actions lead or are likely to lead to armed conflict or a breach of humanitarian law.

The existing provision in Clause 69 will already give the Government the power to apply visa penalties to specified countries that are not co-operating in relation to the return of its nationals. We will be able to slow down the processing of applications, require applicants to pay a £190 surcharge or, critically, suspend the granting of entry clearance completely. These powers are scalable, and they are appropriate both in the context of improving returns co-operation and to take action against regimes waging war on the innocent.

In particular, the Government are minded to use these powers in respect of Russia. The ability to suspend the granting of entry clearance for Russian nationals will send a strong signal to the Putin regime that they cannot invade their peaceful neighbour and expect business as usual. Although we do not believe this war is in the name of the Russian people, disadvantaging Russian nationals in this way, as part of our wider package of sanctions, will contribute to the pressure on the Putin regime.

Specifically, Amendment 70B sets out the general visa penalties provisions from the original Clause 69, which will now apply in both contexts. This includes the detail on the types of penalties that may be applied and the provision to make exemptions. This has not substantively changed from the provisions that noble Lords have already considered.

Amendment 70C sets out when a country may be specified and provides for three possible conditions. The Secretary of State must be of the opinion that the Government of the country have taken action that gives or is likely to give rise to a threat to international peace and security; results or is likely to result in armed conflict; or gives or is likely to give rise to a breach of international humanitarian law. The Secretary of State must take into account the extent of, and the reasons for, the action taken, the likelihood of further action, and such other matters as the Secretary of State considers appropriate.

Amendment 70K broadly mirrors Clause 70, in that it requires the Secretary of State to review the application of visa penalties every two months. If the Secretary of State concludes that penalties are no longer necessary or expedient in connection with the factors in Amendment 70C, penalties must be revoked. This provision is a safeguard to ensure that any visa penalties applied do not remain in place by default.

I am also bringing forward Amendment 84E to ensure that these powers can be deployed in relation to the invasion of Ukraine as soon as the Bill receives Royal Assent, rather than waiting two months after commencement. The sooner that happens, the sooner this House and all Members can collectively act in response to this appalling crisis.

The United Kingdom stands firmly with the people of Ukraine in their struggle with Vladimir Putin’s monstrous and unjustified war. Extending these powers is a crucial step to enabling the Government to respond to hostile actions, such as those by the Putin regime, in the toughest possible manner. I ask noble Lords to support Amendments 70B to 70N and Amendment 84E for the reasons already outlined. I beg to move.

[Lord Paddick (LD)]

My Lords, my first reaction to these amendments was to wonder why they were necessary. Surely it is already possible to refuse to grant visas, or to slow the processing of visas to nationals of a hostile foreign state. The Government seem to be doing a good job of not granting visas to Ukrainian nationals fleeing war, so why can they not refuse to grant visas to Russians?

On that issue, I would like the Minister to explain why the Home Secretary told the other place yesterday:

“I confirm that we have set up a bespoke VAC en route to Calais but away from the port because we have to prevent that surge from taking place.”


Later, when challenged, the Home Secretary said:

“I think the right hon. Lady did not hear what I said earlier. I said that I can confirm that we are setting up another VAC en route to Calais—I made that quite clear in my remarks earlier on.”—[Official Report, Commons, 7/3/22; cols. 27, 40.]


Can the Minister explain why the Home Secretary gave inaccurate information and then blamed the shadow Home Secretary for mishearing?

Why have the Government accepted only 508 Ukrainian refugees—as I think the Minister said earlier in the House—while Ireland has accepted 1,800? What makes the UK so unique? Are these amendments not more of the Government saying that they are going to do something, instead of actually doing something?

I am also concerned about subsection (6), to be inserted by Amendment 70B, which would allow the Secretary of State to

“make different provision for different purposes … provide for exceptions or exemptions … include incidental, supplementary, transitional, transitory or saving provision.”

In other words, the new clause seems to allow the Secretary of State to do whatever she wants—including to allow into the UK whoever she wants, despite a general ban on a particular country. Where is the parliamentary oversight?

Amendment 70C would allow the Secretary of State to specify that a country is posing a

“risk to international peace and security”,

or a risk of “armed conflict”, or a risk of breaching “international humanitarian law”, if that is her opinion. There is no qualification that she should be satisfied on the balance of probabilities or beyond reasonable doubt, for example, but simply that she is of that opinion. Again, where is the parliamentary oversight?

These new amendments allow the Secretary of State to impose, or not impose, visa restrictions and penalties on countries which, in her opinion, pose a threat. This allows her to exempt whoever she thinks should be exempted, without any parliamentary scrutiny, oversight or involvement in the decision-making. Will the Minister consider withdrawing these amendments and bringing them back at Third Reading with the necessary safeguards in place?

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[Baroness Williams of Trafford (Con)]

My Lords, I thank noble Lords for some pretty sensible follow-up questions. The first question, about why we need the power, is absolutely reasonable. There are currently limited powers to apply penalties to applications for entry clearance under existing legislation. It might be possible to apply extra checks if a certain nationality is considered to pose an immigration risk that could lead to a slowing down of visa processing. However, that is as far as penalties can reasonably go under current powers.

The Secretary of State must exercise her powers consistently with the Immigration Acts. Neither the Immigration Act 1971 nor the Immigration Rules allows the Secretary of State to adopt measures such as additional charges or suspending visas in order to apply pressure on a foreign Government. By their nature, these powers mean that the penalties can be applied in a blanket way to a nationality. It is correct that the Secretary of State has express statutory authority if she is to take these significant steps.

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Moved by

[Baroness Williams of Trafford]

70C: Before Clause 69, insert the following new Clause—
“Visa penalties for countries posing risk to international peace and security etc
(1) A country may be specified under this section if, in the opinion of the Secretary of State, the government of the country has taken action that—(a) gives, or is likely to give, rise to a threat to international peace and security,(b) results, or is likely to result, in armed conflict, or(c) gives, or is likely to give, rise to a breach of international humanitarian law.(2) In deciding whether to specify a country for the purposes of this section, the Secretary of State must take the following into account—(a) the extent of the action taken;(b) the likelihood of further action falling within subsection (1) being taken;(c) the reasons for the action being taken;(d) such other matters as the Secretary of State considers appropriate.(3) In this section—“action” includes a failure to act;“country” and “specified” have the same meanings as in section (Visa penalty provision: general).”Member’s explanatory statement
See the explanatory statement for the new clause headed “Visa penalty provision: general”.

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Moved by

[Baroness Williams of Trafford]

70D: Clause 69, page 71, line 38, leave out subsection (1)
Member’s explanatory statement
This amendment is consequential on the two new clauses for insertion before clause 69 in the Minister's name.

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Moved by

[Baroness Williams of Trafford]

70K: After Clause 69, insert the following new Clause—
“Visa penalties under section (Visa penalty provision: general): review and revocation
(1) This section applies where any visa penalty provision made pursuant to section (Visa penalties for countries posing risk to international peace and security etc) is in force in relation to a country.(2) The Secretary of State must, before the end of each relevant period—(a) review the extent to which the country’s government is continuing to act in a way that, in the opinion of Secretary of State, has or is likely to have any of the consequences mentioned in section (Visa penalties for countries posing risk to international peace and security etc)(1), and(b) in light of that review, determine whether it is appropriate to amend the visa penalty provision.(3) If, at any time, the Secretary of State forms the opinion that, despite the fact that the country’s government has taken or is taking action as mentioned in section (Visa penalties for countries posing risk to international peace and security etc)(1), the visa penalty provision is not necessary or expedient in connection with—(a) the promotion of international peace and security,(b) the resolution or prevention of armed conflict, or(c) the promotion of compliance with international humanitarian law,the Secretary of State must as soon as practicable revoke the visa penalty provision.(4) Each of the following is a relevant period—(a) the period of 2 months beginning with the day on which the visa penalty provision came into force;(b) each subsequent period of 2 months.(5) In this section, “visa penalty provision” has the same meaning as in section (Visa penalty provision: general).” Member’s explanatory statement
This clause provides for the review of the effectiveness of visa penalty provision made in relation to countries presenting a risk to international peace and security etc, and requires its revocation if the Secretary of State concludes that it is no longer necessary or expedient.

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Moved by

[Baroness Williams of Trafford]

70L: Clause 70, page 73, line 20, leave out from “provision” to end of line 21 and insert “made pursuant to section 69 is in force in relation to a country.”
Member’s explanatory statement
This amendment is consequential on the two new clauses for insertion before clause 69 in the Minister's name.

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Moved by

[Baroness Williams of Trafford]

73: Clause 77, page 80, line 35, after “Rules” insert “governing proceedings before the Tribunal (see subsection (4))”
Member’s explanatory statement
This is a drafting amendment that clarifies that, like the requirement in Clause 77(2), the requirement for Tribunal Procedure Rules to prescribe conduct of the kind mentioned in clause 77(1) applies only in relation to the Immigration and Asylum Chamber of the First-Tier Tribunal and the Upper Tribunal.

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Having said that, I crave the indulgence of the House because, frankly, I have reached the stage where I will have to depart in order to get home. I apologise because I know that is not what I should be doing, but I hope the House will accept my apologies on that particular score. I have sought to set out where we stand as an Opposition on these issues.

[Baroness Williams of Trafford (Con)]

I am always worried that the noble Lord, Lord Rosser, will not get home, so if he wants to exit stage left, I will not be in the least bit offended. I am very keen that he gets his train.

On Windrush, that tragedy did not arise because people did not have a piece of paper. That problem arose because, through successive changes in immigration law over the years, Windrush was simply forgotten. Of course, it was at the time a declaratory system, but the problem did not arise because people did not have a piece of paper.

To return to Amendment 79, I know that the noble Lord, Lord Oates, will not be happy with what I will say. I hope that I can provide a comprehensive and sensible reason why, to quote my noble friend Lady Shackleton.

We provide all individuals who are granted UK immigration status with a formal written notice of their grant. It is in the form of a letter sent by post or email which sets out their immigration status. They can retain the letter for their own personal records and use it, if they wish, when contacting the Home Office about their status.

We took full account of the recommendation from the beta assessment of the Home Office’s “prove your right to work” service and have introduced a wide range of support to help vulnerable users as we roll out the e-visas, which are the secure, online services which can be used to view and prove immigration status. We are and have been implementing the change in an incremental way since 2018, to ensure that no one is left behind.

Those who struggle to use them can also contact the UKVI resolution centre, including by phone, for help using the service or sharing status on the individual’s behalf. We have also developed mechanisms which reduce the need for individuals to prove their status themselves when accessing public services: for example, benefits and healthcare. Status information is already shared automatically with HMRC and DWP and the NHS in England and Wales.

We published a policy equality statement in relation to the EU settlement scheme on 18 November 2020. The statement considered the impact of e-visas and set out the support available to users who need help. There are reports of incidents where the system may not have worked as it should have, but feedback on the e-visas and online service has been generally positive. Most users find it easy to use and it is aligned with other digital government services, such as DVLA services for renewing driving licences and paying vehicle excise duty. E-visa holders can check their status at any time by logging into the view and prove service; they can even contact the Home Office if they experience any issues with their e-visa.

The noble Lord, Lord Oates, previously referred to the Government’s intention to remove biometric residence permits, biometric residence cards and frontier worker permits from the lists of documents acceptable as part of a right-to-work check. We can do this because the online system works. The cards will remain valid for other purposes, including as an identification document and to board travel services when returning to the UK. As the noble Lord is aware and has mentioned previously, we have been considering the merits of introducing a QR code. As he said, I committed to take the matter back and discuss it with the Home Office. He is absolutely right: we have written to the3million, setting out why we do not think it is a viable option. We have had to consider a wide range of factors, not least that using this method in the context of demonstrating vaccination status is not equivalent to using it to show immigration status, since a person’s immigration status can change in a way that their vaccination status cannot.

The information on an insecure printed document, even one validated by a QR code, would not be a secure method of sharing and proving immigration status in a way that gives confidence to the user and the checker. We consider that it would open the system up to potential fraud and abuse because the QR code would not be sufficient to verify the identity of the document holder. We have looked into whether we could incorporate a facial image on to the QR code but found that the technology would not support inclusion of high-resolution facial images. It would not adhere to the principles of data minimisation, whereby only as much personal data as is needed for the checking purpose should be shared and accessible only for as long as required. The checker would require an app on an internet-enabled device capable of reading the code, whereas any internet-enabled device with a web browser can be used to check a share code. Our reply to the3million, which I will share with the noble Lord, has been published on its website and provides a full explanation.

Physical documents obviously expire—my parents insist on printing their Covid passes out, and sometimes they are near or at expiration—they can become invalid or be lost, stolen or tampered with, and they take time to replace, leaving our immigration system open to fraud and abuse. They do not provide that real-time information. Last year, UK Visas and Immigration received over 44,000 reports of lost or stolen biometric residence documents and issued over 22,000 replacement cards for those reported lost or stolen. Implementing this amendment would involve significant costs; they could well be over £270 million if we had to issue a physical document to everyone with an immigration status.

Our provision of a letter sent by email or post meets the need for a physical document showing a person what their immigration status is, and it can be kept for personal records. The ability to view and prove immigration status online in the form of an e-visa provides foreign nationals with the certainty that they need to demonstrate their rights in the UK now and in the years to come. I hope—although I doubt it—that I have reassured the noble Lord on his concerns. On the other point, I am very happy to meet any interested parties that wish to discuss this further.

I turn to Amendment 82 from my noble friend Lady Neville-Rolfe and the noble Lord, Lord Green, on trade agreements containing provisions on visas. We should recognise that the Immigration Rules and decisions about visa requirements are sovereign national powers which rest with the Home Secretary. I sympathise with my noble friend’s desire to retain national control over visa policy. We took back control of our borders when we left the EU and now have the freedom to set our own rules in the interests of the UK.

However, trade and immigration are separate policy areas and the UK does not routinely discuss immigration in trade negotiations. What comprehensive free trade agreements typically include is provisions on so-called mode 4 trade in services. These set the terms for the temporary movement of service providers between parties to the agreement. Immigration policy, as opposed to mode 4, is our overarching approach to long-term immigration and border controls.

I know my noble friend has expressed concerns about the Government’s negotiations with India on a free trade agreement. As is standard in UK free trade agreements, I expect we will explore mode 4 provisions, which could support British and Indian businesses and consumers, in our negotiations with India. This is not a one-way conversation. UK business stakeholders have identified mobility issues affecting UK service suppliers seeking to go to India, which we might seek to address in these negotiations. This is just as we have done in our free trade agreements with other partners such as Japan, Australia and the EU and would expect to do in any future comprehensive free trade agreements. But any agreement will be consistent with the points-based immigration system and we will not compromise the principles or functioning of that system.

I also want to note that Parliament already has appropriate involvement in the scrutiny of free trade agreements and their provisions through the CRaG process. The legislative framework set by CRaG provides Parliament with the opportunity to undertake scrutiny of an FTA prior to its ratification. I understand the point my noble friend raised previously that CRaG is a rather binary tool, but it would not be appropriate to have additional processes to consider individual issues within the agreement. Immigration is clearly an important issue but comprehensive trade agreements, by definition, cover more areas. It would not be practical or desirable to have carve-outs for individual issues; taken together, these could make the process of negotiating and scrutinising trade agreements lengthy and impractical.

While I agree with the thrust of my noble friend’s argument that robust scrutiny is critical, I cannot agree with the amendment. I instead point to the comprehensive processes we already have in place to ensure that Parliament has its say on trade agreements and, critically, that any changes to domestic law would need to be passed by this House in the normal way. I hope I have set out clearly for my noble friend why this amendment should not be pressed.

[Lord Green of Deddington (CB)]

Before the Minister sits down, is she confirming that any immigration negotiations with India will be confined to mode 4?

[Baroness Williams of Trafford (Con)]

Yes.

[Lord Oates (LD)]

My Lords, I thank all noble Lords who have taken part in this debate. Given the lateness of the hour, I will not go into detail but just say two things. First, I have read the entirety of the Home Office letter to the3million group, most of which is wrong and could have been corrected if the Home Office had the decency to meet on an interim basis as requested. The Minister will have seen, or will see shortly, the comprehensive refutation of every point that she has made.

Secondly, it is all very well to say that the system works well for some people. For digital-savvy people, I am sure it is fine; but for people who are not digital-savvy, it is not. That is specifically what the pilot undertaken by the Government warned about. It said that the system should not be changed, as unless effective mitigation was put in place it would have a significant impact on vulnerable users. It is having a significant impact. I very much regret and am dismayed that the Home Office does not understand that and will not listen to the people who have to use it. On that basis, I would like to test the opinion of the House.

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[Lord Coaker (Lab)]

I will speak briefly in support of the amendment in the name of the noble Baroness, Lady D’Souza; it is a really important amendment, which goes to the heart of the matter. Whichever way you look at it, there are Afghans who helped us who cannot relocate to the UK; that goes to the core of the importance of the noble Baroness’s amendment. The noble Baroness, Lady Coussins, has given us some examples and the noble Baroness, Lady Smith, reminded us of the obligations that we continue to have. What assessment has the Home Office made, with the Ministry of Defence and the Foreign Office, about the number of people they would have expected to help who are still trapped in Afghanistan? What is the current situation there?

The amendment in the name of the noble Baroness, Lady D’Souza, seeks to extend that eligibility to others who may be at risk from the Taliban-controlled Government in Afghanistan. We have a duty to help those who helped us; we all accept that, but what is the current situation? What are the routes available, and why would the Government not accept the amendment? We all agree with the principle but we know that problems still exist. An explanation would be extremely helpful; even at this late hour, this amendment enables us, once again, to ask the Government the extent of the problem and what they are going to do about it.

[Baroness Williams of Trafford (Con)]

My Lords, I apologise for being slow to rise; I was frantically writing down the points made by the noble Lord, Lord Coaker. I will perhaps answer the last question first on how many are yet to come. That is a very difficult question to answer; I do not think that anyone would pretend to know. I can give an answer the other way round in that ARAP has already seen over 8,000 people relocated to the UK, many as part of the Operation Pitting group who were safely evacuated from Afghanistan last summer. Eligibility has actually been expanded, not reduced. I am not sure which noble Lord said that it had been reduced, but it has been expanded several times since it was launched: first to include people who had resigned from service, then to include people who had been dismissed for all but serious or criminal offences, and then in December last year to include people who had worked alongside rather than directly for HMG, and their non-Afghan family members.

The ACRS opened on 6 January this year; it is up and running. The noble Baroness, Lady Smith of Newnham, spoke earlier of an almost dismissive comment about the ACRS. I do not think that she was referring to me—I hope she was not.

[Baroness Smith of Newnham (LD)]

No. The person who was unable to answer the question was the Secretary of State for Defence, on the radio this morning. He basically said, “It is a Home Office matter and, by the way, we are rather too busy with Ukraine.” That was the impression that he gave.

[Baroness Williams of Trafford (Con)]

It is a Home Office matter, so he was absolutely right on that, but it remains very important. Putting Ukraine into strong focus does not take away from our concern for what is happening to the people of Afghanistan. I doubt that it is getting any better; possibly it is getting worse. They still need our help and support.

On ARAP, the Home Office works with the MoD and the FCDO to ensure people’s safe passage here. I appreciate the sentiment behind the amendment, which seeks to widen further still the eligibility criteria, but it is not necessary to put the suggested changes in primary legislation. The Immigration Rules are designed to be altered where needed, with the approval of Parliament, to enable us to make changes such as those I have just been talking about. Having them prescribed in primary legislation would prevent the Government responding quickly where changes are required.

In any case, the specific changes put forward here are unnecessary. The ARAP rules as drafted, and changed as recently as December, provide us with the requisite flexibility to allow all those who made a substantive and positive contribution to the UK’s objective in Afghanistan, either directly for or alongside a UK government department, and who are now at risk as a result of that, to come to the UK. This has always been the intention of the scheme, and that is what is being delivered.

On additional family members, the ARAP rules reflect the wider immigration system in that principals can be joined by spouses, civil partners, durable partners and children under 18. It is right that they are consistent with other routes to the UK. In June last year we published guidance on how additional family members can join principal ARAP applicants here outside the rules, where there are specific levels of dependence or risk. This option has been widely used, and by definition provides us with greater discretion than having prescriptive criteria set out in the rules.

Security checks are carried out by the Home Office after the MoD has approved them. On JRs, the Home Office overturns MoD grants only ever on serious national security grounds.

The ARAP scheme has been a huge success. It has provided resettlement to more than 8,000 people already, with a similar number yet to come. The rules in place strike the right balance between providing support to those who need and deserve it and protecting the finite capacity of this country to resettle those in need. I hope the noble Baroness will be happy to withdraw her amendment.

[Baroness D'Souza (CB)]

My Lords, I thank the Minister, as always, for her answer. I think the most recent pronouncement from the Home Office on the ARAP scheme was that it would in future include only Afghan citizens who were explicitly involved in promoting British values and policies, which necessarily excludes an awful lot of people who worked for British companies but without necessarily being seen to be explicit in promoting their values.

Secondly, the Minister said that she did not feel it necessary for this to be in the Bill, but I feel strongly that unless these criteria are in the Bill they will never remotely happen, and therefore it is important that they be included. I feel that the ARAP scheme continues to be somewhat thin, a little confused and confusing and somewhat pusillanimous, but in view of the hour I beg leave to withdraw the amendment.

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[Lord Coaker (Lab)]

My Lords, I will just make a couple of remarks about this amendment from the noble Baronesses, Lady Hamwee and Lady Hollins, which I support. It is a shame that we are right at the end of the evening—or in the middle of the night, or in the morning, or whatever—because it is one of those amendments that raises a number of really important questions for the Government. It is really quite an appropriate way—not at this time—to end the Report stage, because it encompasses so much of what has been debated on the Bill so far.

We are talking about people who are traumatised, fleeing war, risking their lives; people who have lost their homes and loved ones, experienced extreme violence, and children who have been trafficked and exploited. One of the criticisms throughout the passage of the Bill so far is that we are debating measures that we believe would remove support from these people, damage their credibility, penalise them for not providing evidence neatly to a deadline, as we heard earlier, and make it harder, for example, for modern slavery victims to report abuse. That is a point of difference between us.

I am sure the Minister will say that of course, people will take account of trauma, and they will interview, meet and discuss such issues with these individuals and support them in a way which reflects that. But what this really important amendment is driving at is the absolutely essential need to have a trauma-informed approach. If the amendment does nothing else but remind those who work with victims and survivors that that sort of approach is the best way forward, then it has served its purpose.

[Baroness Williams of Trafford (Con)]

I thank noble Lords for their comments. I say to them, in particular the noble Baroness, Lady Hollins, that the impact of traumatic experiences is writ large throughout the whole decision-making process in the asylum system. For example, the asylum interview policy guidance includes a specific section on

“Victims of torture or other trauma”,


and this supports interviewers to create a suitable environment for claimants who have experienced trauma to explain their claim. The impact of trauma has also been carefully considered in the drafting of the Bill.

In relation to modern slavery and human trafficking, we are acutely aware of the trauma that victims of modern slavery may experience, and already recognise the impact that this trauma might have on a potential victim’s ability to even recognise themselves as a victim or indeed be identified. We are committed to identifying victims of modern slavery as quickly as possible and ensuring that they receive support as early as possible too.

The effects of trauma are already considered as part of the decision-making process and included in the current modern slavery statutory guidance of the Modern Slavery Act 2015, and they will continue to be applied in decision-making. There is a code of conduct for all professionals working with survivors of human trafficking and slavery, published by the Helen Bamber Foundation, and The Slavery and Trafficking Survivor Care Standards, produced by the Human Trafficking Foundation. We will build on this approach in updated published guidance, ensuring that decision-makers have the tools to recognise the effect that traumatic events can have on people’s ability to accurately recall, share or recognise such events. This will give decision-makers the flexibility to take a case-by-case approach and the tools to recognise the possible effect of exploitation and trauma and ensure that decisions are based on an understanding of modern slavery and trafficking.

We will also continue to engage with the six thematic modern slavery strategic implementation groups, bringing together government, the devolved Administrations, NGOs and businesses. We recognise that modern slavery remains a rapidly evolving area, and it is very important that the guidance be continually updated to ensure that it is reflective of current policy and practice.

In summary, I hope that I have explained that trauma-informed decision-making is writ throughout the whole asylum system process, and I hope the noble Baroness will be happy to withdraw her amendment.

[Baroness Hamwee (LD)]

My Lords, this noble Baroness will withdraw my amendment but not that happily, I am afraid. It refers not only to interviews and so on but to policy-making. If it is actually incorporated in policy-making, why have we, during the course of the Bill, been discussing how delays are treated and late evidence? Only today—or yesterday—we have discussed inconsistencies in evidence. The amendments are aimed at the whole of immigration control, which would include, for this purpose, asylum seekers as well as slavery and trafficking.

I am afraid that the words may be there on paper—and my words can only be on paper—but I have had the clear impression, not only during this Bill, that the process and the policy-making are not trauma-informed. I do not know how many Members still remain in the building on the government side, but it would be inappropriate and have no effect to tax the patience of those who remain by dividing the House. I beg leave to withdraw the amendment.

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Moved by

[Baroness Williams of Trafford]

84E: Clause 83, page 84, line 27, at end insert—
“(aa) sections (Visa penalty provision: general), (Visa penalties for countries posing risk to international peace and security etc) and (Visa penalties under section (Visa penalty provision: general): review and revocation) (visa penalties in relation to countries posing a risk to international peace and security etc);”Member’s explanatory statement
This amendment provides that the provisions for imposing visa penalties introduced by the three new clauses in the Minister's name relating to visa penalties will come into force on Royal Assent.