Illegal Migration Bill

Lord Bach Excerpts

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this Bill is about removing rights and making life as miserable as possible for some of the most vulnerable and desperate people in the world. I find it impossible to understand how we have ever come to this point. Part of this process is removing human rights with regard to access to the courts—removing the courts’ ability to intervene when the Government act unlawfully. How can that happen? How can this come to us in any sort of legislation? Detaining and deporting people without providing them with any legal advice, or even any information about how to obtain legal advice, all contribute to this denial of human rights.

I was in Belgium for a few days last week. I speak decent French and some German and there were times when I could not understand a word anyone was saying. The idea that we might not help people in a language they can understand and communicate in astonishes me.

We are in an absurd situation where murderers and paedophiles could be more kindly treated by the law than, for example, a desperate family who arrive in a small boat from across the channel.

Then there is the outrageous Clause 7. This is bonkers. When I first read it, I had to laugh—it sounds like something a two year-old might come up with. It says that the Secretary of State can commandeer

“any ship, aircraft, train or vehicle”.

So the border patrol—or whoever it is—can stuff people into somebody’s car and say, “Right, you are responsible for them. You get them out of the country”. It is astonishing. Who wrote this? How does this come from a Government whom we sort of hope might be able to tough it out for the next few months—actually I do not want them to tough it out; I want them to go. Presumably, this Government do want to tough it out, so why bring this sort of rubbish to this House? It is actually quite offensive.

In Clause 7, they are asking ordinary citizens—the British public—to act as border enforcement agents. I do not think any of us would want to do this, even the most rabid ERG member you could possibly think of. This is part of the problem with the Bill. It is not going to help the situation in any way at all. Is it designed to pander to the extreme right wing of the Government, so that they can say they are doing something and perhaps retain those votes? I have no idea. The thought processes are beyond understanding. Clause 7 is unbelievably bonkers.

It shows how this Government are trying to exploit Just Stop Oil, asylum seekers or people such as that to make the public think they are actually doing something about the problems these people are facing. I really hope that we defeat quite a lot of this Bill before it gets much further.

[Lord Bach (Lab)]

My Lords, what rights people have when they come into this country—unlawfully, the Government claim, although some of us would disagree—is surely an essential part of this Committee’s consideration of the Bill. I know the Minister is a member of the Bar and has practised in criminal courts and elsewhere, so he will understand instinctively how important the question of rights is for people who have just come into this country, often in a destitute state.

We know that later in Committee we will debate legal aid and the Lord Chancellor’s duties. Those are important matters to be considered then but I wonder, given the speeches that have been made on this group, whether he has something to say about the Government’s attitude towards the rights of people whom he or others may not like, but who do have rights when they arrive in this country. Do we just say that there are no such rights—no right to any advice or legal aid, if that is necessary, because they deserve what comes to them—or do we take the more sensible and British attitude that anybody who ends up on our shores and is in trouble should be entitled to some advice?

[Lord Balfe (Con)]

My Lords, broadly speaking, I support this Bill, but there are many things in it which give me cause for concern and we have now hit one of them. The noble Lord, Lord Davies, mentioned it—the extent to which the state can co-opt unwilling people to implement its legislation. Regarding those who happen to be the driver of a train or pilot of an aircraft that has on board what we are now going to determine is an illegal immigrant, how can we force such people to act as agents of the state in detaining them?

The noble Lord, Lord Davies, mentioned that this will come up in the next group but it is an important, fundamental point. I am not talking about the refugees but the many trade unionists who will be horrified at the thought of being co-opted as almost part of the police. This is not on. Before the Bill moves to the next stage, I hope the Government can come forward with some proposals which will exempt ordinary workers from becoming its policemen.