Nationality and Borders Bill

Lord Alton of Liverpool Excerpts

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Dubs. I entirely agree with what he has just said, and I associate myself with the other amendments in this group in speaking to Motion K1. I also refer to relevant all-party parliamentary groups of which I am an officer, and my role as a patron of the Coalition for Genocide Response.

The Minister set out the terms of Motion K1 at the beginning of our debate and explained what it does. At Second Reading, she challenged us—quite rightly—to come up with safe and legal routes, and that is what this genocide amendment seeks to do. I should say in parentheses that I am grateful to the noble Baroness, not least for the support and consideration that she gave to the amendment that I moved earlier in proceedings on this Bill, on the position of young people in Hong Kong who did not qualify under the BNO scheme but who now, under the regulations which the Government will introduce, will do. Like the right reverend Prelate the Bishop of Durham, I also applaud what the Government have done in the case of refugees from Ukraine. Like the noble Baroness, Lady Stroud, however, I ask the question: should we not make the same provision, as far as the right to work is concerned, for all those who seek asylum in this country?

Of course, I am disappointed that the all-party amendment on genocide, which had its origins in the Yazidi genocide that began in 2014, has not been accepted by the Government. I place on record my thanks to those Conservative Members of Parliament, including former Ministers, the Opposition Front Benches and other Members of the House of Commons, for their strong and welcome support. I must admit to sharing some of the frustration that has been expressed during this debate—even bewilderment—as we heard from the noble and learned Lord, Lord Brown of Eaton-under-Heywood, and the noble Lords, Lord Cormack and Lord Horam.

I spent pretty well two decades as a Member of the other place, and I read with perplexity the debate on 22 March when the guillotine was imposed after just three hours. That was three hours of debate on amendments that had been considered one by one in your Lordships’ House in great detail and with great scrutiny: Amendments 1, 4 to 9, 52, 53, 10 to 20, 54, 2, 3, 43 to 51, and 21. All these amendments were taken together in an inevitably disjointed debate in which Members ranged across multiple issues. By way of example, in the case of the genocide amendment, it was linked with Amendment 11, on the issue of numbers coming into this country, so it was impossible even to vote with any differentiation between those amendments.

As the Minister told us earlier, the Minister in the Commons, Tom Pursglove, opposed the genocide amendment, because, he said, “many thousands” would apply for asylum. Confusingly, however, he admitted that the amendment as it left your Lordships’ House contained a cap on the numbers. Then he said that that it would put the lives of our officials in our embassies at risk. These are victims of genocide whom we are talking about. They do not pose a risk: they are hunted down by the perpetrators. It is the victims, not British officials, who are at risk. Mr Pursglove went on to argue that bespoke schemes were a better approach, but there has never been a bespoke scheme for the Yazidis or other victims of the ISIS genocide. This demonstrates that this, too, is a straw man argument.

I received an email just two days ago from one of those who works for Yazidi interests, and she told me that she believes that there is bias in the implementation of other programmes because of the exclusion of people from minorities in the leadership and oversight of these programmes. It is an issue I have previously raised, as the Minister knows, with the Home Office. My correspondent copied in the Bishop of Truro, whose excellent report is being reviewed by the Foreign Office this year. This lady said:

“We failed Yezidis who have been left to rot in tents; only 8 are recorded as resettled from Iraq and 44 from Syria, although without knowing who they are we cannot say they are truly Yezidi. I doubt the Home Office would know the difference.”


Quoting Home Office guidance about ethnic and religious minorities, she says:

“Recognising their vulnerability and ACTUALLY including them in these schemes are obviously two different things.”


For years, the Government have emphasised that Yazidis have been facing horrific atrocities, especially when Ministers have met Nadia Murad and other victims. But opening doors in “a bespoke scheme” to welcome at least some from their community simply did not happen. Let us contrast that with Canada and Germany, among others, which have provided protection.

One of those who spoke in favour of the amendment in the House of Commons was the former Conservative Minister, Tim Loughton. He and I are two of the seven parliamentarians who have been sanctioned by the Chinese Communist Party for raising what the Foreign Secretary has described as the genocide of the Uighurs. During a very helpful and encouraging meeting which sanctioned parliamentarians recently had with the Prime Minister and Elizabeth Truss, the Foreign Secretary, we were told that the Government would look again at this country’s response to genocide. I put this on record and greatly welcome what they have said. It is significant progress. Accepting today’s amendment, which would place on the Home Secretary a duty within one year to publish a report on the Government’s approach to the treatment of genocides—at least as it pertains to those seeking asylum—would be a good start. Failing that, I hope that the Minister will at least commit the Home Office to taking part, which has been promised by the Foreign Secretary and the Prime Minister, in looking again at the duties that are laid out in the 1948 convention on the crime of genocide. That requires us to prevent and protect, and to punish those responsible. Given what has been said to me, I am willing to take back this amendment this evening and not take it to a Division. Needless to say, of course, I will keep pressing the Minister until progress is made on what I regard as an incredibly important issue.

[Baroness Meacher (CB)]

My Lords, I hesitate to rise after that excellent contribution from my noble friend Lord Alton, but I just want to express very strong support, obviously, for Motions C1 and D1 and, indeed, all the amendments in this group. I want to follow the noble Baroness, Lady Stroud, and support her Amendment E1 on the right of asylum seekers to work. She made a very powerful speech, and I certainly will not repeat any of the words that she said. We can do without repetition—everybody wants to get to the votes—so I will take one minute maximum.

The main argument of the Government against this amendment is that it would be a pull factor, attracting asylum seekers to come here. It is worth mentioning at this point that there have been fully 29 academic papers assessing whether a more generous right to work has anything to do with a pull factor for asylum seekers. All those 29 academic papers showed that there was no correlation whatever between the right-to-work aspect and asylum seekers’ attraction to this country. It is also worth saying that even if this amendment passes, we would still be the toughest of all European nations—there would be seven nations then—with a six-month ban on asylum seekers seeking work. All the rest of the European countries are more generous: they have shorter bans. That is incredibly powerful.

It costs money to do this. Is it really sensible to spend an unnecessary £300 million stopping people working; albeit we only pay these people—what is it—£5.75 or something a week, plus a bit for utility bills? We could save £300 million: is that not worth doing, just to be no more ungenerous than any other country in Europe? I suggest that we should support the amendment from the noble Baroness, Lady Stroud.

--- Later in debate ---

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak to Motion N1. I thank the noble Baroness, Lady Hamwee, for tabling Amendments 22B to 22F. I simply seek some assurances from the Minister on behalf of the British Dental Association, the Royal College of Nursing and the Refugee and Migrant Children’s Consortium.

First, when the noble Baroness, Lady Neuberger, sought the opinion of the House on Report, she noted that

“we need to know more about the ethical response”.—[Official Report, 8/3/22; col. 1285.]

I and others raised concerns voiced by the BMA, the BDA and others that to use dental X-rays in particular where there is no clinical justification is unethical. Yet neither in Committee nor on Report did the Minister really address this concern. Can he please do so now and provide some reassurance to these bodies and to us?

Secondly, following on from what the Minister said, can he provide an assurance that the statutory guidance will continue to make it clear that there must be reason to doubt an age claim before any age assessment is made?

Thirdly, will the Government seek and publish the agreement of the relevant medical bodies before any scientific method is approved for use? I was partially reassured by the meeting the noble Baroness referred to with the interim chair of the Age Estimation Science Advisory Committee, but it is still important that formal agreement is sought from the relevant medical bodies. Can he confirm that the Minister accepts the interim committee’s recommendation that scientific advice should be used to decide whether a claimed age is possible rather than specify what that age is? Will the same principle apply to the holistic decision made in any age assessment?

With reference to the committee—this echoes what the noble Baroness said—in the Commons the Minister agreed to take away the call for it to include a practising dentist. Is the Minister in a position to give a commitment on that point today?

Finally, can the Minister provide some reassurance with regard to the insistence on the use of Home Office social workers? That has caused considerable concern among members of the consortium given their record hitherto, which has been found wanting by the courts. The lack of independence is even more worrying given Wendy Williams’s update on the Windrush Lessons Learned Review, which suggests that progress in reforming Home Office culture has some way to go. Her report says:

“I have seen limited evidence that a compassionate approach is being embedded consistently across the department”—


that is, the Home Office. Is it surprising that there is considerable suspicion of the lack of independence in what is proposed?

[Lord Alton of Liverpool (CB)]

My Lord, as a trustee of the Arise Foundation, a charity that works with people who are victims of human trafficking or modern-day slavery, I have certainly seen at first hand some of the examples that the noble Lord, Lord McColl, outlined to the House tonight. Indeed, in Committee and on Report I was privileged to be a signatory to the amendments that he laid before your Lordships’ House. This evening I will briefly support Amendment 26B, because I believe that he is right that guidance alone is not enough and that something has to be placed on a statutory basis.

I also agree with what the noble Baroness, Lady Hamwee, said in her remarks about Part 5. It has no place in this Bill at all. It should not be in this Bill—it should have been exorcised much earlier. I think all of us have a great sense of regret that it is still there this evening, even more so when we consider that there is a new Act of Parliament waiting in the wings—we are going to get new legislation on this issue. How much better it would be if we did what the noble Lord, Lord Horam, said to us earlier this evening and went through the normal process of consultation with the equivalent of Green Papers and White Papers, and saw the debates we have been having on this part of the legislation as something to prepare us for that legislation when it is laid before your Lordships’ House. It is putting the cart before the horse. The Government have said in their most recent Bill fact sheet on modern-day slavery that they recognise that

“victims of modern slavery may have had periods of high vulnerability and … multiple, complex needs”

or

“experience multiple forms of exploitation at different points in time”.

If that is so—I believe it is—we need the amendment in the name of the noble Lord, Lord McColl.

[Lord Morrow (DUP)]

My Lords, I too rise this evening to speak in support of the Motion in the name of the noble Lord, Lord McColl. I fully supported his Amendment 26 last month and will continue to support him in his work to ensure that victims of modern slavery are given the practical care they need to begin to recover from their abuse.

I am pleased to support his Amendment 26B in lieu, as it is similar to a provision agreed by the Northern Ireland Assembly a few weeks ago to give confirmed victims long-term support. I am proud to say that the Assembly is once again leading the way—it does not always do that—on support for victims, as it did in 2015 when my Private Member’s Bill became the first comprehensive human trafficking legislation in any region of the United Kingdom.

As the noble Lord, Lord McColl, rightly pointed out, this proposal for long-term support in England and Wales is not a new commitment that the Government do not support. They have made it clear they do—but they are not willing to go beyond guidance. I urge the Minister to reconsider. I hope the Government will support the noble Lord’s amendment and not see England and Wales fall behind again.

I put on record my disappointment that the Government have not been willing to move on leave to remain for victims who are not British citizens and who do not have secure immigration status. The intention of Amendment 26 was that victims who are eligible for long-term support would be given temporary leave to remain to ensure that they could remain in the UK to access this support to help them recover from their exploitation, to prevent their retrafficking, and for them to co-operate with police and prosecutors. The need for that leave to remain has come into even clearer focus for victims in Northern Ireland who will now be able to get longer-term support but might not be able to remain in the country to receive it. I hope your Lordships’ House will return to this issue and not forget the needs of victims of exploitation for security and certainty for their recovery. In the meantime, I shall support the noble Lord’s amendment if it is pressed this evening.