Nationality and Borders Bill

Lord Bishop of Chelmsford Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[Lord Paddick (LD)]

My Lords, my first reaction to these amendments was to wonder why they were necessary. Surely it is already possible to refuse to grant visas, or to slow the processing of visas to nationals of a hostile foreign state. The Government seem to be doing a good job of not granting visas to Ukrainian nationals fleeing war, so why can they not refuse to grant visas to Russians?

On that issue, I would like the Minister to explain why the Home Secretary told the other place yesterday:

“I confirm that we have set up a bespoke VAC en route to Calais but away from the port because we have to prevent that surge from taking place.”


Later, when challenged, the Home Secretary said:

“I think the right hon. Lady did not hear what I said earlier. I said that I can confirm that we are setting up another VAC en route to Calais—I made that quite clear in my remarks earlier on.”—[Official Report, Commons, 7/3/22; cols. 27, 40.]


Can the Minister explain why the Home Secretary gave inaccurate information and then blamed the shadow Home Secretary for mishearing?

Why have the Government accepted only 508 Ukrainian refugees—as I think the Minister said earlier in the House—while Ireland has accepted 1,800? What makes the UK so unique? Are these amendments not more of the Government saying that they are going to do something, instead of actually doing something?

I am also concerned about subsection (6), to be inserted by Amendment 70B, which would allow the Secretary of State to

“make different provision for different purposes … provide for exceptions or exemptions … include incidental, supplementary, transitional, transitory or saving provision.”

In other words, the new clause seems to allow the Secretary of State to do whatever she wants—including to allow into the UK whoever she wants, despite a general ban on a particular country. Where is the parliamentary oversight?

Amendment 70C would allow the Secretary of State to specify that a country is posing a

“risk to international peace and security”,

or a risk of “armed conflict”, or a risk of breaching “international humanitarian law”, if that is her opinion. There is no qualification that she should be satisfied on the balance of probabilities or beyond reasonable doubt, for example, but simply that she is of that opinion. Again, where is the parliamentary oversight?

These new amendments allow the Secretary of State to impose, or not impose, visa restrictions and penalties on countries which, in her opinion, pose a threat. This allows her to exempt whoever she thinks should be exempted, without any parliamentary scrutiny, oversight or involvement in the decision-making. Will the Minister consider withdrawing these amendments and bringing them back at Third Reading with the necessary safeguards in place?

[The Lord Bishop of Chelmsford]

My Lords, I am grateful to the noble Lord, Lord Paddick, for his comments and I will add a few further thoughts.

I appreciate that the intent of these proposed new clauses is to bring additional sanction pressure on Russia, and perhaps also other states which threaten peace and security. However, I ask whether there are any concerns that, in practice, this provision may make it more difficult for a critic of, for example, the Putin regime, to reach the UK in safety. Such a person—perhaps one of those involved in the courageous protests against the current war—might seek to reunite with family in the UK for their own safety. They would require a valid visa, not least since the Bill makes it so much harder for those arriving without a visa to apply for refugee status. Is the Minister at all concerned that additional costs and barriers to obtaining a visa may invertedly hurt people seeking to escape authoritarian regimes, and who would be eligible for a visa to come here, more than it would actually hurt the regime itself?

I note the provision in these amendments “for exceptions or exemptions”, but I would appreciate a comment from the Minister on how these might work in a case such as I have outlined.

I arrived in this country seeking refuge and safety shortly after the Islamic Revolution swept through Iran, many years ago now. I was fortunate quickly to be given refugee status and to receive a welcome that, in time, has allowed me to begin contributing back to the society that provided me with a new home. However, I cannot help wondering what the impact might have been had these amendments been part of the law then. After all, I came from a country that was undoubtedly regarded as something of an international pariah, a risk to peace and security in the Middle East and, arguably, more widely. I look forward to hearing the Minister’s response and I hope to receive some reassurances.

[Lord Coaker (Lab)]

My Lords, we support the amendments, which are obviously in response to the Ukraine crisis. We support the way the powers could be used with respect to armed conflict, threatening international peace or breaching international humanitarian law. I say to the Minister, as I have said in many debates, that Her Majesty’s Opposition stands firmly with the Government in tackling the illegal invasion of Ukraine. However, there are a number of questions that it would be helpful for the Minister to consider. I think it is right for us to ask them, as indeed other Lords, including the right reverend Prelate, have done.

To repeat a couple of questions that others have asked, what will the parliamentary oversight be of these wide-ranging powers for the Secretary of State? Will the Secretary of State be required to advise Parliament when a visa penalty provision is revoked or changed?

The Secretary of State is required to give the Government of a country “reasonable notice” before bringing in penalties. What counts as “reasonable notice”? Could the Minister say anything about that?

How quickly could the powers be used? Could they be used immediately on commencement? It would be interesting to know the answer to that.

As the noble Lord, Lord Paddick, raised, could the Government already act in this way? What extra powers does the legislation give the Government? What exemptions would be included and what will the arrangements be for vulnerable people, as the right reverend Prelate asked, or people who might themselves be fleeing persecution in a country that these particular visa penalties might apply to?

I appreciate that the Government are trying to respond to the current crisis. Notwithstanding that, and the general support that there will be for these amendments, there are some interesting and important questions that the Government need to answer.