Border Security, Asylum and Immigration Bill

Lord Hanson of Flint Excerpts

Committee stage
Wednesday 3rd September 2025 Lords Chamber

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to noble Lords for what has been a very wide discussion, wider than I anticipated. I sense that at the end of the debate I probably will not have satisfied many noble Lords in the Chamber today, but such is the nature of government responsibilities.

I was not intending to say this, but given the comments from the noble Viscount, the noble Baroness, Lady Fox, the noble Lords, Lord Gascoigne and Lord Empey, and others, I think it is worth setting out that the Government have taken this issue extremely seriously in their manifesto and in their actions, not just in this Bill but in the immigration White Paper that we have published and in the unilateral actions that we have taken independently without requiring legislation. The issues of illegal entry, defining our asylum system and tackling an effective immigration system are extremely important. I do not wish to rehearse all the arguments, but it is worth placing on the record again that this Government have spent time talking to their allies in France and agreed the treaty looking at an exchange. It is a pilot that will be looked at in detail. We are working with the Calais Group of Belgium, France and Holland on international action to stop smuggling. We are working downstream with the German Government to tackle issues to do with boat manufacture and transfers. We have signed agreements with Iraq. We have put powers in this Bill to establish the Border Security Command and to make some activities criminal, which we discussed earlier today. We have a commitment to end hotel use by the end of this Parliament and we have saved £1 billion-worth of expenditure over the past 12 months by reducing the number of hotels being used but also by maximising the use of those hotels. We have put a lot of energy into cracking down on illegal working to try to stop some of the pull factors that make people think they can come to this country, disappear into the system and work illegally. We are trying to crack down on that and we have increased the number of arrests and prosecutions. We have speeded up the asylum claims system, because at the heart of this is determining who has a right to stay in this country and removing those who do not. We have speeded up the processing of asylum claims and removed 9,000-plus people in the past 12 months who have no right to be in the UK.

A number of Members have said that the Bill seems to have been frozen in time and things have moved on. I can assure the noble Baroness that we will have a debate about how lily-livered she is—we can discuss that in due course in a friendly, competitive way—but we are continually looking at these issues. The measures that my right honourable friend the Home Secretary has brought forward this week are based on the assessment that she has made of the situation, which is ongoing. To give the example of this week, if we find that family reunion applications have increased by over 100% in the past two years and there is a big issue in terms of people coming to the country through that route, it is right to suspend that family reunion route to review it, as we will do very shortly. That is what Governments do. We look at the problems and challenges and we review it.

We have set out measures in this Bill to establish a fairer, stronger system. We have done the same in the immigration White Paper and we have taken actions accordingly elsewhere to have a purpose. I do not want to see the type of concerns, distrust and disorder that there are around hotel use and people who are here while their asylum claims are assessed. I want to understand those concerns. I am not making this a party-political issue. The concerns that have arisen over the past nine years are driven by small boat crossings. The noble Lord, Lord Gascoigne, stood at this Dispatch Box while I had my interregnum from both Houses of Parliament and made cases for the Rwanda scheme, which he has admitted today had some flaws and which we have taken a decision to repeal in full. I think that we have a shared understanding from all sides of this Committee that this is an issue that needs to be challenged and tackled, which is why we are setting out the measures today.

There are a number of amendments before us, and I shall try to talk to them as a whole, starting with the Opposition Front Bench, because they are the Opposition and they are the Front Bench, so it is fair to start with them. I shall return to my noble friend Lord Browne in due course.

The two amendments from the noble Lords, Lord Cameron and Lord Davies, Amendments 192 and 193, seek to widen the current inadmissibility provisions. Currently, individuals can be removed to a safe third country if their asylum claims are declared inadmissible. That includes illegal entrants as well as other claimants whose asylum claims are liable to inadmissibility. The inadmissibility process is intended to support the safety of asylum seekers and the integrity of the border, as well as the fairness of the asylum system, by encouraging asylum seekers to claim asylum in the first safe country they reach, deterring them from making unnecessary and dangerous onward journeys to the UK.

For a claim to be declared inadmissible and not substantively considered by the UK, the individual has to have been present previously in, or have a connection to, a safe third country where they could claim asylum or could reasonably be expected to have done so. Under Amendment 192, anyone who arrives illegally must have their asylum claim declared inadmissible. With due respect to the noble Lord, that amendment would mean in practice that all asylum seekers who entered the UK illegally would have their claims declared inadmissible, with no regard for whether there is a safe third country for them to return to. Such an approach would, in my view, mean a rapidly growing number of people whose claims would be inadmissible, which in turn would mean that we could not establish whether they qualify for refugee status. In that scenario, those individuals would be in a holding position, unable to be removed, including those with genuine claims who would have their claims assessed now under the system, where 60%-plus of people who make a claim have it approved. That is a difficult challenge. It is with integrity that the noble Lord has moved the amendment, but it is difficult, and it would not have the objective that he seeks.

Similarly, with Amendment 193, the noble Lord also seeks to ensure that individuals will have their asylum claims declared inadmissible when they fail to register an asylum claim within 12 months. Again, there is a motive behind that which has an integrity, but it is one that I cannot share. Some people do lodge asylum claims in an opportunistic manner, sometimes to extend the time that they can remain in the UK, but this amendment would not deal with that particular issue. It would simply extend indefinitely the time in which those individuals would be able to remain in the UK because, without an ability to examine their claims, we cannot determine whether they qualify for refugee status.

The amendment also fails to take account of sur place refugees, which would mean that anyone lawfully in the UK from a country in which the circumstances have changed—and we have had much discussion around that today—in a significant and detrimental way, for example if there has been an armed conflict in the 12 months they have been here, would be unable to avail themselves of the protection of the UK.

In contrast to that, we have the amendment from my noble friend Lord Browne, the noble and right reverend Lord, Lord Sentamu, the noble Lord, Lord Cashman, and the noble and learned Lord Hope, have spoken in support of it. That amendment would repeal Section 59 of the Illegal Migration Act, which amends Section 80A of the Nationality, Immigration and Asylum Act 2002, which itself provides that asylum claims from EU nationals must be declared inadmissible to the UK’s asylum system, other than where exceptional circumstances apply. Inadmissibility procedures in this section allow a state to declare an asylum claim inadmissible when the claim is made by nationals of countries that are declared generally safe. It is an important, long-standing process that can help prevent asylum claims from nationals of countries that are safe absorbing the limited resources that we have.

I understand the motivation behind the amendment from my noble friend, but I remind the Committee that Section 59 is not yet fully commenced. Indeed, the only part of Section 59 that has been commenced is the power to add or remove countries from that list of safe countries. However, and this goes to the question posed to me by the noble Lord, Lord German, the Government believe that it is important and the right approach to retain the flexibility to expand the use of inadmissibility in the event that we see asylum claims from individuals from countries that we would generally consider safe. That addresses the point that my noble friend made.

Amendment 203J has had support from a number of noble Lords, including the noble Baronesses, Lady Fox of Buckley and Lady Lawlor, the noble Lord, Lord Jackson, and the noble Lord, Lord Murray, who proposed this system. We have had some discussion around ECHR Article 8 and the French treaty from the noble Lord, Lord Jackson. Let me just say again, for clarity and for this Committee, that the Government believe in the ECHR and are committed to our international obligations, for a whole range of reasons that I have outlined on a number of occasions, but that does not mean that we cannot look at things.

The Article 8 provisions that we have trailed that we will look at, which again goes to other points that have been made by other noble Lords, are issues that we will return to in the coming months that we want to consult on, including consulting colleagues in the judiciary to ensure that we have an understanding of the interpretation of Article 8 and whether it needs to be tightened to ensure that the country is not taken for a ride by individuals using that premise under circumstances where effectively they are using it as a last resort, in a way in which we all really think is inadmissible, to use a word that we have used a lot today. I do not think that that is appropriate. That Article 8 review is ongoing. The French treaty that we have established is in pilot form and we will review it during this month. We hope to extend it further and I shall report back to the House on the numbers involved. There are other tools that we are working on to ensure that we help put some energy into tackling this important problem.

[Lord Faulks (Non-Afl)]

I am grateful to the Minister for taking this intervention and grateful to him as well for explaining in general terms what the Government are thinking about. I understand why at the moment he cannot be more specific. He says that the consideration is to Article 8, but should it not also embrace Article 3, which is very often used in circumstances where many people would raise a question as to how appropriate it is?

[Lord Hanson of Flint (Lab)]

I am happy to examine that. We have said publicly that Article 8 is the focus for our examination, discussion and wider review. However, that does not mean—and this is the key, important point—that we will ditch the ECHR. Although it is 75 to 80 years old and was established in 1950, as a number of noble Lords, including Lord Kerr, have mentioned, it establishes a number of basic rights, which are important to me and to the people we represent and the people in our communities. They set a basic framework, but that does not mean that we cannot look at how those interpretations are made. That is why we are trying to do that.

To come back to Amendment 203J from the noble Lord, Lord Murray, this would impose a legal obligation to refuse all asylum claims made by illegal or other irregular migrants who travel from safe countries. The stated intention of the measure is to deter such people from using dangerous and illegal methods to enter the UK. I am with the noble Lord, Lord Kerr, on this: the amendment would not achieve that aim. Refusing a person’s asylum claim and proposing removal to their country of origin without consideration of the merits of their claim would put the UK in breach of its obligations under the refugee convention. We may not want to be in the refugee convention, but we are in it and we cannot in my view unilaterally breach those obligations accordingly. Even if a person’s asylum claim could be refused on account of this measure, the humanitarian protection claim would still need to be properly considered on its merits.

[Lord Murray of Blidworth (Con)]

I am grateful to the Minister and I appreciate the difficulty of the position from which he speaks, and the difficulty of the position of the Home Office in this regard. The point of my amendment was not to breach international law. As I hope I made clear, the wording of the convention in Article 31.1 is clear: one has to come directly. This is an opportunity for the Government to comply with their stated intention of not breaching international law but still deliver a policy that has a deterrent. This is a vital opportunity and I implore the Minister not to miss it just because it is coming from me.

[Lord Hanson of Flint (Lab)]

Let me reassure the noble Lord that this is not personal. I would welcome any suggestions from across the Committee. If we reject the amendment in due course, as he is right to suspect we will, it will not be because it comes from him; if anyone else had moved it, it would still be rejected. The noble Lord knows better than anybody the challenges of the roles that we have in the Home Office. I am grateful for his suggestions and we are trying to examine them.

The key point—maybe this will give the noble and learned Lord, Lord Hope, a chance to think again as well—is that the merits of the claim could attract an appeal right, removing the possibility provided under the current system for certifying the claim as clearly unfounded. We would end up with even more litigation, which may help lawyers but would not help the resolution of the challenge at home. Without the specific further provisions in the legislation, our decision would need to explain why we considered that this measure applied in an individual’s particular circumstances, addressing anything they raised alleging that their life and liberty were threatened in what we consider to be a safe third country. It is nothing personal to the noble Lord, but we cannot accept the amendment.

Amendment 203E, proposed by the noble Baroness, Lady Hamwee, had support from the noble Baroness, Lady Brinton, and my noble friend Lord Cashman. It seeks to provide a definition of “exceptional circumstances” for the working of our inadmissibility provisions. It also seeks to remove Albania, Georgia and India from the list of generally safe countries to which inadmissibility provisions may apply in the future.

I have explained how exceptional circumstances bear on the inadmissibility process. Section 80A already sets out examples of what constitutes exceptional circumstances, which relate to states derogating from obligations under the ECHR and actions taken by EU institutions. These examples are not exhaustive, and there may be case-by-case instances where exceptional circumstances are identified and where that inadmissibility should not be applied. At present, the question of whether a person’s evidence or other relevant matters constitute exceptional circumstances is determined according to case law. The amendment would replace this established approach.

[Lord German (LD)]

I thank the Minister for taking the intervention. He has referred to derogation from the ECHR. I wonder what consideration the Government are now giving to Georgia, which is in clear breach of the ECHR and has taken itself out of the Council of Europe, because it knows it has to do so. This is clearly a country that has derogated. Is that something that the Government are looking at? We can do it by regulation, as we are going to talk about, but since this is the only power that the Government are holding on to, this is a country that needs to be looked at very seriously indeed.

[Baroness Brinton (LD)]

To add to that, that is a country in which our Foreign Secretary has sanctioned a number of individual Ministers. Is there any correlation between what the Foreign Office does and what the Home Office considers?

[Lord Hanson of Flint (Lab)]

We will take a whole-government approach to this issue. I would like to reflect on this with colleagues who are directly dealing with the matter and will respond. We are in Committee, but there will be opportunities later, on Report, to examine this further. I will take away the comments that have been made and contact both the noble Baroness and the noble Lord accordingly.

In answer to the noble Lord, Lord Empey, who I think of as my noble friend, and the noble Baroness, Lady Fox, although the list has been commenced, the provisions necessary for it to have any effect have not been. If this Government decide that it is right to change the list for inadmissibility decisions, we will at that time, based on up-to-date information, consider whether any countries should be removed. That goes to the point that has been made about Georgia. We will consider those issues and reflect upon them using the appropriate parliamentary procedures, according to the criteria set out in Section 80AA.

In summary, the Government have a solid approach to try to tackle this issue. Some of the measures are still in the pipeline because of the legislation, but there is a strong series of measures to try to make an impact on what is a genuinely serious issue facing this country—one that needs resolution and which has built up over a number of years. However, I do not believe that the series of amendments in this group would assist in that process. For the moment at least, I ask my noble friend Lord Browne, supported by the noble Lord, Lord Cashman, to withdraw his amendment, and I ask the noble Lord, Lord Murray, from the Official Opposition, and Members from the Liberal Democrats not to press their amendments. There will be an opportunity to reflect on what has been said, with an examination of Hansard tomorrow. There will be opportunities on Report, if need be. For the moment, I hope that noble Lords will not press their amendments.

[Lord Empey (UUP)]

I may not be the Minister’s parliamentary friend but I am not his parliamentary enemy either. Seeing as he is in an emollient mood, might I prevail upon him further? He says that a government-wide approach is being taken to the ECHR. His colleague in the Foreign Office has told me twice that they are not looking at the refugee convention of 1951. Surely we have to open a discussion with our allies and look at how that has been operating since its inception in 1951. Perhaps the Minister could persuade his friends in the Government to look at that convention.

[Lord Hanson of Flint (Lab)]

The noble Lord, Lord Empey, will know that the Government keep all matters under review at all times—that is the political, Civil Service direct answer in response to this matter. I assure him that, from my perspective, our international obligations are extremely important. That does not mean that we cannot examine how we interpret those actions. That does not mean that we cannot examine the measures in this Bill, announced by my right honourable friend this week, and the direct executive actions we can take around hotel use and other things, to ensure that we put some pressure and energy into the system to achieve—let us end on a united note—the objective of all Members of this House to have a resolution to people being exploited by criminal gangs, in small boats, subverting immigration and asylum systems in the United Kingdom. With that, I hope noble Lords will reflect on my comments and do the right thing.

[Lord Hardie (CB)]

My Lords, I may have misunderstood him, but did the Minister say that the Government would consider derogating from Article 3?

[Lord Hardie (CB)]

I know that. I may have misunderstood what the Minister said, but, if that was the case, I point out that that is not possible.

[Lord Hanson of Flint (Lab)]

The intervention that I took invited me to examine that issue. I have said I will examine it, but, as I said in response to that question, the focus of the Government as a whole is on Article 8. We anticipate energising the review of Article 8 to ensure that we examine how it is currently interpreted, what actions are taken as a result of the article, and whether further guidance needs to be issued about those matters. In response to the intervention as to whether I would look at Article 3, I have said that I will look at the point that was made then. The focus of the Government is Article 8.

[Lord Faulks (Non-Afl)]

To clarify the position, I was not suggesting derogating from Article 8. The possibility of giving guidance to judges is, I believe, under consideration and it may be that, in resolving issues under both Articles 8 and 3, it might be necessary for the Government to think again as to what guidance to give to courts.

[Lord Hanson of Flint (Lab)]

I thought that was what I said. I hope we can agree, at the end of this group of amendments that was livelier than I initially anticipated, that the Committee can support the Government’s direction of travel. However, I hope the amendment before the Committee today will be withdrawn.

[Lord Browne of Ladyton (Lab)]

My Lords, I offer my final remarks with the traditional thanks to all those who have contributed to the debate on Amendment 104. When I saw that I had the overt support of my friend the noble Lord, Lord Cashman, the noble and learned Lord, Lord Hope of Craighead, the noble and right reverend Lord, Lord Sentamu, the noble Baronesses, Lady Hamwee and Lady Brinton—whose support was more implied than overt—and the noble Lord, Lord German, whose support was overt, I began to think the only group that is of similar value to this one are the players that Liverpool signed in the transfer window. I thought, “I cannot possibly lose this argument”, until my noble friend explained operational benefit. I do not know if I should be pleased about the noble Lord, Lord German, reminding him of the possibility of “operational benefit”, but he found it—I will come back to that in a moment.

I heard nine Conservative speeches. I was astonished that, until the noble Lord, Lord Cameron of Lochiel, not one defended it—not one—and I think at least one of them may well have been responsible for the drafting of the legislation that Section 59 was in. I was therefore surprised when the noble Lord found that there was a pretty straightforward principle for Section 59, which is not that much different in its outcome to the speech made by my noble friend Lord Hanson. However, in reply to the noble Lord, Lord Cameron—and I will spend some time expanding this argument—if one looks at Clause 38 of the Bill, Section 59 is going to be pretty much alone as something that was in the Illegal Migration Act 2023. It is going to find itself in a very lonely context. The noble Lord’s argument was that one had to see this in context, but that will disappear if this Bill is passed. I will spend some more time between now and Report looking at just what that means for the ambitions that people have for Section 59 as it is presently drafted.

Some of the most important points that were made in this debate are well worth repeating. I do not intend to repeat very many of them because it has been a very wide-ranging debate and there has been a lot of repetition. It is important to start as my friend the noble Lord, Lord Cashman, encourages us to do, not only in debates but in conversations: to remember that it is people’s lived experience that should decide whether they deserve asylum or human rights protection, not conclusions that Governments or officials have come to about the temporary safety of the environments in which they may be living. This is all about people, and if we start from there and take into account all the other complexities of this legislation, we get to a point where there should be no room for Section 59 in the legislation going forward. There may need to be something similar to provide a benefit to the management of an issue of this scale, but it will not be that particular section in my view. This is a matter that I will come to again.

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[Lord Davies of Gower (Con)]

My Lords, I rise to oppose the Question that Clauses 38 and 39 stand part of the Bill. It is a curious feature of this Bill that, on the one hand, it purports to take tougher action on illegal migration, yet at the same time it repeals the very Act of Parliament which would tackle that illegal migration in the most robust and effective way.

The Illegal Migration Act was introduced in the other place on 7 March 2023, in response to the crisis along the shorelines of the south-east and in the channel. It was aimed at stopping the boats, defending our borders and preventing those who enter the United Kingdom illegally from being able to remain. As my right honourable friend Suella Braverman, the Home Secretary at the time, said when moving the Second Reading in the other place:

“The British public know that border security is national security, and that illegal migration makes us all less safe”.—[Official Report, Commons, 13/3/23; col. 573.]


At the time, the Labour Party did not agree with that sentiment as it consistently opposed all efforts to stop the boats under the previous Government. It was welcome that the current Government began to acknowledge the necessity of stopping the boats, but it is clear from this clause that they have not yet fully appreciated what must be done. If they had, then they would not be pursuing this course of action.

Central to all of this is that this is what the British people want. They want to stop illegal migration, people making the journey across the channel in small boats and people dying in the channel. The way we do that is by having a credible deterrent to end the demand. That deterrent needs to contain both the ability to remove everyone that enters the United Kingdom illegally and a removals policy involving a safe third country.

The Government have spent much time trying to tear down the sensible policies of the previous Government, both the safety of Rwanda Act and the Illegal Migration Act. At the same time, they have announced that they want to follow the Italian approach and pursue third-country removal centres—or, as the Prime Minister calls them, return hubs. In a visit to Albania in May, the Prime Minister said:

“What now we want to do and are having discussions of, talks of, is return hubs, which is where someone has been through the system in the UK, they need to be returned and we have to make sure they’re returned effectively, and we’ll do that, if we can, through return hubs”.


However, we know that Albania does not want to work with this Government in establishing return hubs. The Government have also spent much of the last few months talking up the one-in, one-out returns deal with France, but, as we all know, this returns deal is not much more than smoke and mirrors. It is very clear that EU countries do not want to take third country returns. It is also clear that the only country willing to take third country returns is in fact Rwanda. That is why we pursued the Rwanda policy and why we passed the Illegal Migration Act.

The effect of repealing the Illegal Migration Act and scrapping the Rwanda deterrent is that people who arrive in Calais know that all they have to do is make their way into British territorial waters and they will most likely be able to remain in the United Kingdom. Even if they are not successful in their asylum claim, they may very well be able to remain in the UK because we cannot return them for one reason or another.

The measures in the Illegal Migration Act placed a legal duty on the Secretary of State to remove illegal entrants, thereby sending a strong and unambiguous message to those who would seek to flout our laws and abuse our immigration system. This Act, taken in tandem with the Rwanda scheme, if allowed fully to operate, could have acted as a suitable deterrent. By repealing this Act almost in its entirety, the Government now lack the ability swiftly to remove illegal migrants and will not be able to deter further crossings. This is highly disappointing. It betrays the simple fact that this Government are not truly serious about stopping illegal migration and defending our borders. I beg to move.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord for proposing the clause stand part notice. At the outset, I place on record for the House that 35,052 people were returned from 5 July 2024 to 4 July 2025, the first year of this Government. Of those returns, 9,115 were enforced returns of people with no legal right to remain in the UK, a 24% increase over the period of the previous year.

[Lord Murray of Blidworth (Con)]

Will the noble Lord give way?

[Lord Hanson of Flint (Lab)]

Of the total returns, 5,179 enforced and voluntary returns were of—

[Lord Murray of Blidworth (Con)]

Will the noble Lord give way?

[Noble Lords]

Order.

[Lord Hanson of Flint (Lab)]

In a moment. I will always give way, if the noble Lord will let me finish the sentence. Of the total returns, 5,179 were of foreign national offenders, an increase of 14% over the same period in the 12 months prior. Therefore, before the noble Lord puts the premise that we cannot remove people and that this Government are not trying to, those figures put the record straight.

[Lord Murray of Blidworth (Con)]

I am very grateful to the noble Lord for giving way. Of the 9,000 that he refers to, how many came across on a small boat?

[Lord Hanson of Flint (Lab)]

There were a number. I have not got the figure to hand.

[Lord Murray of Blidworth (Con)]

It is the low-hanging fruit.

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[Lord Hanson of Flint (Lab)]

If the 9,115 were low-hanging fruit, why was this figure 24% higher than the previous year, when—let me just remind myself —who was the Minister in charge of this system? Would it be, by any chance, the noble Lord, Lord Murray of Blidworth?

[Lord Murray of Blidworth (Con)]

Because of the provision we brought in.

[Lord Hanson of Flint (Lab)]

Right. I think we will just settle at that: that it is 24% higher than in the previous year because of the actions this Government have taken. That is the context in which Amendments 105 and 109 seek to reintroduce the duty to remove measures in the Illegal Migration Act that we are repealing. Therefore, it will not come as a surprise to him to know that we are not going to accept his clause stand part notice today.

Having a duty to remove people who are unlawfully in the UK is easy to say but very difficult to deliver in practice, as evidenced by the previous Government’s failure to implement this part of the INA. Such a legal obligation means taking away all discretion, and defining exceptions to that duty is not always straightforward. There remains a risk of legal challenge, of acting unreasonably in individual cases. For a duty to remove to be effective, there needs to be a destination where it is safe to remove people to when their own country is not safe for them.

We have taken a judgment on the Rwanda scheme for that effect, where there are practical difficulties in proceeding with the removal, and where a host country needs to agree to accept those people. If a third country is not willing to accept foreign national offenders or unaccompanied children, that can incentivise perverse behaviour for migrants seeking to remain in the UK.

We already have well-established powers to remove people who are unlawfully in the UK and have in fact, as I have just mentioned, seen an increase of more than 20% in failed asylum seekers being removed since the election of July last year, along with a 14% increase in foreign national offenders being removed. The Government’s aim is to deliver long-term credible policies to ensure a properly functioning immigration system. Having a duty to remove will not add anything useful to that aim. We are repealing the legislation that the noble Lord brought in; he is trying to reinsert it. There is an honest disagreement between us, but I invite the noble Lord to withdraw the stand part notice.

[Viscount Goschen (Con)]

Before the noble Lord sits down, may I ask him a question of fact? There are so many different statistics flying around that I think it would assist the House. Could he advise the House of the ratio of people who, having arrived by small boat, are then successfully deported or removed from the country? I would be very grateful if the noble Lord gave us a figure.

[Lord Hanson of Flint (Lab)]

I have given the House accurate figures which show the removals. I cannot give the noble Viscount the figure he asked for immediately in this discussion, but I will reflect upon that question for him, on the ratio of individuals and where they have come from. However, around 35% of asylum claims are rejected. We are trying to speed up the asylum claims system to ensure that we come to decisions earlier and can therefore remove people with no right to be here. I will certainly examine the noble Viscount’s question, and if he is not happy with the response I eventually give him, there are opportunities further downstream for us to debate that further.

[Baroness Jones of Moulsecoomb (GP)]

I have listened to so much claptrap from this side of the Chamber, I cannot bear it any more. Could we please stop the right-wing nonsense you are all spouting? Could we perhaps hear just how many people who arrive by small boat are actually given asylum because they have a justified claim?

[Lord Hanson of Flint (Lab)]

I cannot give the noble Baroness the definitive figure on small boat arrival asylum claims, but roughly 61% to 65% of asylum claims are accepted, and roughly 35% are not. I can reflect on the exact figures, but those are the rough figures. From the Government’s perspective, we then have to speed up the asylum claims so we can make those assessments much more speedily. Part of the reason for the problem of having a large number of people in hotels is that those asylum applications were not speedily assessed. Therefore, people have been left in limbo in asylum hotels.

Those numbers have grown exponentially during the period 2015 to 2024. There was a dip just before the election, which I acknowledge, but further energy needs to be put into that to close the hotels—which we intend to do—and to speed up the asylum claim procedure to determine who has a right to asylum. There are separate issues, which have been raised by a number of noble Lords, such as ECHR obligations, refugee convention obligations, et cetera. But the Government simply believe that we need to speed up those asylum claims, and the measures in the Bill and externally from executive action and the immigration White Paper, along with future proposals, are designed to do that. I urge the noble Lord to withdraw his clause stand part notice.

[Lord Davies of Gower (Con)]

My Lords, I thank the Minister for his response. At this point, I thank my noble friend Lord Murray of Blidworth. I pay tribute to him for the sterling work he did as a Home Office Minister in steering the Illegal Migration Act through this House, and I thank him for his continued, erudite defence of this Act.

The Government have some serious explaining to do to justify how they think they will have a credible system to protect our borders and prevent illegal migration. If they cannot act swiftly and decisively to remove those who illegally enter this country and process their claims offshore, there is no deterrent. Without a deterrent, there is no hope of stopping the boats, and if the Government cannot stop the boats, then I believe this Bill will fail.

I assure the House that we will be returning to this matter in due course, but for now, I will not oppose the clause standing part of the Bill. I beg leave to withdraw the stand part notice.

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[Lord Alton of Liverpool (CB)]

Well, they sent an email. The noble Lord, Lord German, is right to point out, from a sedentary position, that it was perhaps not done through the most courteous of routes. However, the point is that those nine countries—Poland was another—are not illiberal countries and they are not led by people who have a hatred of European institutions. They were arguing that the time has come for international action to be taken by countries, collectively, to re-examine the things that we are signed up to, to see whether they are fit for the present time.

I want to say one other thing to those who have tabled these amendments. We have heard a lot about the Rwanda Act and the Illegal Migration Act. At the heart of that was the suggestion that that would be a deterrent and a safe place to which we would send people. Recently, I have been looking again at Rwanda to see what the situation there is at the moment. In its human rights assessment of Rwanda just a few weeks ago, the US Department of State said that Rwanda is raising

“arbitrary or unlawful killings; torture or cruel, inhuman, or degrading treatment or punishment; arbitrary arrest or detention; transnational repression against individuals in another country; serious abuses in a conflict; unlawful recruitment or use of children in armed conflict by government-supported armed groups; serious restrictions on freedom of expression and media freedom, including threats of violence against journalists, unjustified arrests or prosecutions of journalists, and censorship; trafficking in persons, including forced labor; and significant presence of any of the worst forms of child labor”.

I am talking about Rwanda, and that is the US Department of State’s finding within the last few weeks. Recently, Human Rights Watch made a submission to the universal periodic review and reported on the use of torture and other ill-treatment of detainees from 2019 to 2024. I might add that the Joint Committee on Human Rights’ report on transnational repression—which is with the Minister at the present time, and I look forward to his response to that—identified Rwanda as one of the countries responsible for transnational repression. I point the Minister to those details.

Last but not least, we cannot forget about the involvement of Rwanda in atrocity crimes in the Democratic Republic of the Congo, with M23 raging on across eastern DRC. Earlier this year, the All-Party Parliamentary Group on International Law, Justice and Accountability that I chaired published a report on CRSV in the DRC and the abuses perpetrated by that group.

Let us be careful what we wish for. Let us understand the nature of those countries that we are going to send people to and that we say are safe places where people will be able to have good, prosperous and decent lives. Let us be realistic and honest about the nature of these things. The noble Baroness, Lady Brinton, reminded us that we will get to Amendment 110 from the Official Opposition, which is about lists and, indeed, we can then talk more about the countries that are on that list. Rwanda is on that list that the Official Opposition are pointing us towards.

I just want Members of the House to do what the noble Lord, Lord Deben, said: we should stop blaming one another and trying to score political points and realise that this issue is now being exploited by people who have no great love of democracy and the rule of law and are taking people on to the streets and capitalising on this crisis. If we do not find solutions to this, I fear for the stability of our communities and the dangers to law and order and to the very vulnerable people whom I think all of us in this House are trying to protect.

[Lord Hanson of Flint (Lab)]

I am grateful to noble Lords for tabling Amendments 105 and 109. I apologise to the House: in the confusion over the vote we had on Clause 38 stand part, I inadvertently started to discuss not only Clause 38 stand part but, in the last set of discussions, some of the arguments on Amendments 105 and 109. We drifted into that inadvertently because I thought we had finished debating Clause 38, so I apologise to noble Lords if I repeat some of the arguments here.

I start with the very sensible suggestion made by the noble Lord, Lord Deben. These are complex and difficult issues. We have an inheritance from 5 July last year when we took office which we have had to deal with. I am not seeking to make political capital out of this. I want to have solutions, and the solutions are to have a fair and effective migration system, to speed it up, to ensure that we deal with international obligations on asylum, to remove those people who have failed the asylum system, to remove foreign national prisoners who have abused our hospitality and the privileges of being in this country, to ensure that we have a thriving economy and to ensure that we meet the skill sets that we need for the United Kingdom to succeed. Where we can bring entrepreneurs and others who can offer skills to this country, we do so. As has been mentioned by the noble Lord, Lord Alton, there are many forces outside this House which seek to divide the United Kingdom to exploit these issues. It is imperative that we find concrete solutions.

One of the concrete solutions is the very point that the noble Lord, Lord Alton, has made—and it has been echoed by the Liberal Democrat Front Benches—which is how we deal with the real funnel of pressures that are coming, which are driven by terrorism, starvation, war and poverty. People who make that journey and claim asylum have very often faced challenges that I could never imagine. We need to have international co-operation, because the United Kingdom cannot solve those issues alone. That is why my right honourable friend the Prime Minister met 51 countries in May of this year; has discussed with former European partners, which are still our neighbouring countries— France, Belgium and Holland—what the solutions can be; is working with the Germans; and wants to have some international action to stem that flow through the G7 and other bodies of people removing themselves from their home nations to seek asylum wherever it might be. It is an important issue.

The noble Lord, Lord Faulks, asked, “If not this, what is the deterrent?”. I do not want to repeat the issues today, but I have tried to set out the range and menu of measures that we are taking which we believe are going to add to that deterrence. However, the deterrence also demands that we take action against the criminal gangs that are leeching off that misery, poverty and desperation to ensure that they enrich themselves through criminal action. That is why we need international co-operation on a range of measures to focus on criminals who are using this to exploit people who are in a very vulnerable position. As of today, that may not be the deterrent that the previous Government potentially thought Rwanda was, but I think it is more effective.

Amendments 105 and 109 in the names of the noble Lords, Lord Davies and Lord Cameron of Lochiel, seek to reintroduce the duty to remove measures in the Illegal Migration Act that we are repealing. I take the contribution from the noble and learned Baroness, Lady Butler-Sloss, very seriously. For a duty to remove to be effective, there needs to be a destination where it is safe to remove people when their own country is not safe for them or where there are practical difficulties in proceeding with the removal and a host country needs to agree to accept those people. That is the fundamental challenge that I put back to the noble Lord, Lord Cameron.

Again, in the spirit of the instructions from the noble Lord, Lord Deben, to the House to deal with this in a sensible and noble way, I am not seeking to make difficulties for the noble Lord, Lord Cameron. I simply put it to him that the measures in Amendments 105 and 109 would mean that we would have to proceed with removal when there was nowhere to remove them to. That is the fundamental flaw in Amendment 109.

I repeat what I said in response to the general debate on Clause 38, that we have removed people who are unlawfully in the UK. We have seen that increase in the number of failed asylum seekers being removed. We have seen an increase in the number of foreign national prisoners removed—I have given the percentages to the House in every series of amendments we have had today, so I will not give them again now. The Government’s aim is to deliver a long-term and credible policy to ensure that we have a properly functioning immigration system. I say in answer to the noble Lord, Lord Faulks, that, yes, it means that we are going to have to occasionally examine things in August and September that we had not considered a year ago. That is because the situation changes. Situations change, and politics needs to change. The measures in the Bill repeal an unsuccessful scheme and try to put in other measures to meet the deterrence that the noble Lord wishes to see.

I urge the noble Lord, Lord Cameron of Lochiel, not to press his amendments and to examine in further detail the proposals that we are bringing forward to the House to achieve the objectives that we share.

[Lord Cameron of Lochiel (Con)]

I am grateful to noble Lords for their contributions. I take very seriously my noble friend Lord Deben’s comments about humility and trying to be constructive about how we approach this; however, we are also a party of opposition. We remain firmly of the view that the Illegal Migration Act created a framework that was real and gave our border system structure, clarity and credibility. We did so because we recognised that the status quo was unsustainable, and we knew that deterrence without enforcement is meaningless. That is why we pursued the Rwanda scheme so vigorously and still defend it as a deterrent.

At the heart of the Illegal Migration Act was a simple premise: that if someone enters this country illegally and does not meet the necessary criteria for protection, they should be removed promptly and lawfully. Our amendments in this group are intended to encourage the Government to reflect on that principle again and really think before they abandon that framework in favour of something that we say is much softer and lacks precision, urgency and the seriousness that this challenge demands. That is a political decision, but it is one with consequences.

If we do not provide our law enforcement agencies with the legal tools they need, we cannot be surprised when the system fails to deliver. We legislated for that; we recognised that the UK needs a legal basis to enforce its own immigration laws. What the Government now propose is to remove that structure without a credible alternative. That is not just a retreat—it is a risk, and it will be paid for in public confidence, in operational paralysis and in yet more lives placed in the hands of traffickers and criminal gangs. We can and must do much better. I hope the Government use this chance to make that change but, reflecting upon what has been said across your Lordships’ House, I beg leave to withdraw the amendment.