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.