Illegal Migration Bill

Lord Bishop of Gloucester Excerpts

2nd reading
Wednesday 10th May 2023 Lords Chamber

[The Lord Bishop of Gloucester]

My Lords, it is a privilege to add my voice to this debate. I echo much of what has already been said, including by my friends the most reverend Primate the Archbishop of Canterbury and the right reverend Prelate the Bishop of Durham. I will focus my remarks on the impact of this Bill on women, including victims and survivors of sexual and gender-based violence—all of it set, as you might expect, within my belief that every person is created in the image of God. We are talking here about people with names, not faceless numbers.

I hear the Minister’s concerns about the statistics around modern slavery but this issue needs much more careful analysis, as the noble Lord, Lord Lamont, said. Other noble Lords have highlighted many of the issues around modern slavery. Surely it cannot be right that no one who arrives here by irregular means will be eligible to receive modern slavery support. As we have heard, this Bill proposes that victims of modern slavery will instead be subject to detention and removal. This seems wrong on so many levels, not least morally, but it will also be a substantial law enforcement issue. Why would anyone come forward as a victim of modern slavery and risk being sent to Rwanda? My right reverend friends the Bishops of London and Bristol will be following these issues with interest and concern.

There are many crossovers for victims and survivors of sexual and gender-based violence. For five years, the SEREDA Project at the University of Birmingham and across other international universities has been researching refugees’ experiences of displacement from the Middle East and north Africa to the point at which people seek refuge. These academics warn that this Bill will increase vulnerability and the risk of exploitation, and will unfairly punish survivors who have unknowingly come to Britain. Safe countries, even some of our closest neighbours, are not necessarily safe for a woman who has been sex trafficked to that country or abused by smugglers in-flight. She will want to put as much distance as possible between her and the perpetrators. There is nothing in this Bill to ensure that such victims will receive the support that they need in these countries to prevent the resumption of abuse.

If this Bill is enacted in its current form, Albania will be added to the list of safe countries from which people will never be accepted. There are questions there for me around gender disparity. If a large percentage of male asylum seekers from Albania are sent back but the vast majority of women are accepted at present, surely that implies that it may not be safe for them there.

I add my voice to those speaking against the indefinite detention of pregnant women. I strongly support the call from the noble Baroness, Lady Lister, for the 72-hour time limit to be reinstated. The impact of detention on this group may include considerable, extremely serious health repercussions, including for their unborn children, who may be harmed by the stress and trauma of detention.

Across all these points, I see a worrying failure to recognise the trauma experienced by victims. I will not say more at this point—so much has been said—but I hope that we will pick up on many of these issues in Committee, so that we ensure that we shape our legislation in a way that enables our country to be an appropriate place of sanctuary, not harm.

Illegal Migration Bill

Lord Bishop of Gloucester Excerpts

Report stage
Monday 3rd July 2023 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I move Amendment 64 and will introduce Amendment 65. One is consequential to the other so I will take them together. I thank the right reverend Prelate the Bishop of Gloucester and the noble Baronesses, Lady Sugg and Lady Gohir, for their invaluable support, and Women for Refugee Women for all its work on the amendments.

The amendments do no more than restore the status quo ante by limiting the detention of pregnant women to 72 hours, extendable up to a week with ministerial authorisation. This aim is supported by the JCHR, Children’s Commissioner and many organisations.

The existing time limit represented a compromise put forward by the then Home Secretary Theresa May in response to your Lordships’ House voting time and again for the absolute exclusion of pregnant women from detention, as recommended in the government-commissioned review by Stephen Shaw, former Prisons and Probation Ombudsman. Shaw based his recommendation on what he considered to be the incontrovertible evidence of detention’s deleterious effects on the health of pregnant women and their unborn children. His verdict was referenced in a recent letter to the Times from, among others, the CEO of the Royal College of Midwives and the president of the Royal College of Obstetricians and Gynaecologists, calling on us to oppose the removal of the detention limits.

I still await an answer to the question I posed in Committee, citing an unanswered letter from the Independent Advisory Panel on Deaths in Custody to the Home Secretary. Has the Home Office

“carried out a full assessment of the risks linked to the indefinite detention of pregnant women”?—[Official Report, 7/6/23; col. 1494.]

Given that the limits on detention for pregnant women were introduced only seven years ago, and it has been admitted that very few have come over in small boats, there must surely be strong grounds for this change in policy. However, as the noble Baroness, Lady Sugg, exposed so skilfully in Committee, we have been given the flimsiest of justifications, lacking any evidential base. For example, in Committee the Minister declared that he was

“happy to repeat … that we must not create incentives for people-smuggling gangs to target pregnant women or provide opportunities for people to exploit any loopholes”.—[Official Report, 7/6/23; col. 1504.]

Could the Minister explain what the Government have in mind here? Are they suggesting that women might deliberately get pregnant to avoid unlimited detention or that people smugglers will be scouring refugee camps for pregnant women?

To be fair to the Minister, he tried to persuade us that pregnant women would be treated well on a case-by-case basis. But let us remember what Theresa May said in 2016:

“This new safeguard will ensure that detention for pregnant women will be used as a last resort and for very short periods”.—[Official Report, Commons, 18/4/16; col. 679WS.]


For a safeguard to be effective, it needs the backing of law. Discretionary case-by-case consideration is simply not enough to ensure the protection of women in very vulnerable circumstances. We can see this from what was happening before the time limit was introduced. Previous Home Office guidance stated:

“Pregnant women should not normally be detained”.


However, under this guidance, nearly 100 pregnant women were detained in 2014, with one-third held for over a month and four held for between three and six months. The gulf between policy and practice has been closed only with the implementation of the statutory time limit.

The Minister also insisted that pregnant women will be protected through categorisation as adults at risk level 3. Yet during the passage of the 2016 Act, the Government ultimately recognised that this approach provided insufficient safeguards. Why are they now arguing the opposite? The Minister further tried to reassure us by pointing out that

“it will be open to pregnant women to apply to the First-tier Tribunal for immigration bail after 28 days”

or that

“a writ of habeas corpus”—

which, as pointed out in Committee, is very limited in its application—could

“be made at any point”.—[Official Report, 7/6/23; col. 1505.]

But these are women who are likely to be very stressed and may already be traumatised by what they have been through, with damaging effects on their unborn baby. Twenty-eight days in detention is a long time, particularly in the context of a pregnancy.

How realistic is it to expect them to have to engage with the legal system for protection that they receive automatically now? If they did so, why would the Government want to spend time and money on what should be unnecessary legal challenges? This is all in the context of what the JCHR has described as a severe restriction on judicial supervision.

When we debated a similar amendment in Committee, not only did all those who spoke give it unequivocal support but I was aware of a number of noble Lords sitting on the Government Benches and the Cross Benches who were supporting the amendment in silent solidarity. That was quite something, given that it was well past midnight. While I feel passionately about the amendment, it is a very small cog in the wider wheel of the Bill. It is one which the Government could easily concede without undermining the Bill’s objectives, as much as I disagree with them. I very much hope that the Minister will remember what is at stake for pregnant women and their unborn children and will do the right thing today. I beg to move.

[The Lord Bishop of Gloucester]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Lister, who expertly outlined why the amendment is needed.

I will not repeat all the points made, but this is an issue of dignity for a highly vulnerable group. I will highlight one or two things that have been said. There is no evidence to suggest that the current 72-hour time limit on their detentions resulted in lots of pregnant women making the crossing. The Government have previously conceded that the adults at risk policy would not adequately safeguard pregnant women, and, in response, the 72-hour limit was brought in. We have research from prior to the introduction of this time limit that highlighted the inadequate healthcare for detained pregnant women. It is hard to believe that any healthcare arrangements would therefore relieve the stress of detention and the damaging impact on both a pregnant woman and her unborn baby.

We have already heard from the noble Baroness, Lady Lister, on the number of medical organisations and people who are opposed to removing the 72-hour limit. I join with them by strongly supporting this amendment, and I urge noble Lords to do likewise.

[Baroness Gohir (CB)]

My Lords, I support the amendment from the noble Baroness, Lady Lister, to which I have added my name, because this Government are compromising the safety of pregnant migrant women and their babies.

To date, the Minister has not provided evidence that the numbers will increase if women are not detained. I wrote to the Minister and last week he acknowledged that, since January, no pregnant migrant women have arrived in this country illegally. Evidence has also not been provided that housing a few handfuls of migrant women, who have probably arrived over several years, will provide a danger to our society. For those reasons, I urge the House to support the amendment from the noble Baroness, Lady Lister.