Nationality and Borders Bill

Earl of Sandwich Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[The Earl of Sandwich (CB)]

I still feel indignant about the consequences, whether intended or unintended, of leaving the EU. The Dublin III arrangements suited this country well, and we enjoyed better co-operation with France at that time. On the plus side, we have rolled over some very successful trade agreements, but we seem to be going rapidly downhill on immigration. It is surely now plain to all that, as far as migrant health workers are concerned, Brexit was a mistake. Thousands of staff are more urgently needed in care homes and the NHS, especially because of the pandemic. Although the Government have relaxed the rules, the paperwork means that these workers are simply not coming in the numbers required. I know that is not in this Bill, but the Home Office has not scored very high on asylum seekers either, especially where accommodation is concerned.

Only in December we had the thorough APPG on Immigration Detention report condemning Napier, Penally and Tinsley House as “fundamentally unsuitable” for asylum seekers. A recent inspection of detention facilities at Tug Haven, Kent Intake Unit and Frontier House showed that some agreed improvements in facilities and screening will not be ready for months. My noble friend Lady Prashar also mentioned this. Few of us would like to admit that the UK may be deliberately creating poor conditions to deter new arrivals. That may be an open question, but if it is policy, it is not succeeding.

On Syrian and Afghan refugees, the various UNHCR resettlement programmes offering safe passage and family reunion, after a lot of pushing from individuals here in Parliament, have been rated a success. These refugees from appalling conflicts have quite rightly been seen as a priority. However, Amnesty shows that things are not quite so rosy, even among Afghan refugees, at the moment. When it comes to the desperate people attempting a channel crossing, this Bill is surely the enemy of human rights and clearly meant to be a deterrent, even though their numbers are small in the world context. As the noble Lord, Lord Dubs, said, the UK is only 17th on the list for the intake of immigrants when measured per head of population in Europe.

Not surprisingly, the JCHR has attacked the Bill for its adjustment of immigration law, including the pushback measures. It inflicts harsher penalties, it fails to stop trafficking and, in the case of refugees, it comes up against the convention and several other international treaties. We can all be sympathetic to those local authorities that are bending over backwards to find hotel rooms or shelter for genuine refugees. In many cases they will have to fall back on the good will of voluntary agencies and volunteers, who often help out of their own pockets. The noble Lord, Lord Dubs, praised the charity Safe Passage. Another, Care4Calais, is highly efficient in helping asylum seekers, not only in northern France, and is now is committed to the search for food and shelter in the UK itself.

However, mistakes are easily made. One disabled family in Portsmouth was given council accommodation in a second-floor flat, which meant that they were housebound and unable to access even a wheelchair. Fortunately, the voluntary sector came to the rescue, but, again, social care is one of the sectors hit hardest by immigration policy. There are just not enough people available to help and there is a lot of fear and suspicion that there is discrimination, especially on nationality, and the deprivation of citizenship in Clause 9.

I hope that the Minister can explain the anomaly about citizenship relating to young migrants from the Commonwealth aged 16 to 25 who are currently channelled into a 10-year path to citizenship. Clauses 17 and 25 are intended to speed up the process, which in general seems a good idea—but what about the Children’s Society’s argument that these clauses discriminate against children and young people who are often afraid to provide evidence so soon after their experience?

There will be a lot of amendments on modern slavery which I cannot rehearse today, but I agree with the noble Lord, Lord Rooker, that this could undermine the whole system of protection. The anti-slavery commissioner herself says that the IECA is a step backwards. Clearly, if the NGOs are right, the Home Office is not yet qualified for this job and needs to learn a lot more. The Bingham Centre is leading an important research project through the Modern Slavery and Human Rights Policy and Evidence Centre to assess the impact of people’s inability to access adequate and timely legal advice. I am sure that the Home Office will follow that.

Nationality and Borders Bill

Earl of Sandwich Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I support Amendment 70A. It is a happy coincidence that we return to this issue on International Women’s Day, because it is very much a women’s issue. It was good to meet with some of the women affected who were outside, opposite the Lords, for much of this afternoon. I thank them for coming to meet us.

I was disappointed by the Minister’s response in Committee. She did not really address the fundamental issue I raised of how, by treating this as a trafficking issue rather than as an employment and immigration rights issue, the approach is failing many overseas domestic workers who are being exploited but not trafficked. Given that there is clear evidence that the 2016 changes are not working, as we have already heard, it is simply not good enough to say that reversion to the status quo ante is not the answer, particularly when so many organisations in the sector believe it is the answer. That was very much endorsed by the women I met outside this afternoon.

The Minister said she would not look again at it but would

“perhaps explore it further and see why what is happening is happening.”—[Official Report, 10/2/22; col. 1922.]

I do not think the same Minister is replying, but I wonder whether she has any information to pass on to the Minister who is replying about what she has managed to find out since Committee.

I understand that Kalayaan and some other NGOs in the sector have, at short notice, been invited to a virtual round table tomorrow to discuss how the ODW route can “be shaped going forward”—I hate the term “going forward”. That is welcome news, but, if the discussions are to be fruitful, Kalayaan is clear that the possibility of reverting to the pre-2016 route must be on the table. To rule out this option, or some form of it, in advance is not helpful, to say the least. Can the Minister give us an assurance that officials will approach the discussions with an open mind so that they and the sector can explore whether the answer does indeed lie in reverting to the pre-2016 policy or some form of it?

[The Earl of Sandwich (CB)]

My Lords, my noble friend Lord Hylton very much regrets that he could not stay for this amendment because he had to leave early. He and I have been involved with the problems of domestic workers over decades, it seems—certainly since the 1990s. I should declare that I was once a council member of Anti-Slavery International, and I well remember meeting domestic workers through Kalayaan and being shocked at their predicament, which continues today in some cases.

This amendment has been very skilfully drafted by the right reverend Prelate. It includes domestic workers in diplomatic missions, where a few cases have come up, and, secondly, it allows workers to change their employer, within the same type of work—but they must register this change. They may renew their visas for 12 months at a time but without having recourse to public funds. Thirdly, they may bring in spouses and children while that visa still applies. After five years of continuous residence, they may apply for indefinite leave to remain, and, if their employer wants to continue that employment, that is all right. Thus the amendment is full of limitations, which should satisfy the Home Office. There is also subsection (2)(c), which favours family reunion and prevents the loneliness that often comes from separation.

In the public perception, the Home Office is moving backwards at the moment, and all I can say is that, as the noble Baroness, Lady Lister, said, this amendment is simple, and there seems to be no reason why Her Majesty’s Government should not support it.

[Lord Kerr of Kinlochard (CB)]

I will speak in support of my noble friend Lord Sandwich. This amendment would take us back to the pre-2012 situation. There is no doubt—there is overwhelming evidence—that not being able to change employer means that these luckless people get stuck with an abusive employer in some cases. This is easily remedied. I agree with the noble Earl that the amendment is skilfully drafted. It proposes a modest change that would undoubtedly do good, and I very much hope that the Minister will be able to accept it.

I detected a slight trace of politics coming into our debate on Amendment 75. I was a Sir Humphrey once, and I commend to the Minister “unripe time”, which is very good, and “due consideration”—“shortly” is very dangerous. Seriously, I see no difficulty with an investor visa, provided that it is for a real investment that is actually invested in plants, machinery or jobs in this country. What worries me is that it is sufficient simply to hold some gilts for a short period and then sell them again—I do not think that that is good enough.