Nationality and Borders Bill

Lord Bishop of Manchester Excerpts

Consideration of Commons amendments
Tuesday 26th April 2022 Lords Chamber

[Baroness Stroud (Con)]

My Lords, I will speak to Amendment D1, and I am grateful to the noble Baroness, Lady Lister, for her eloquent introduction to the amendment. This is a common-sense change. It would be a boost for the Treasury, for recruiters and, not least, for asylum seekers themselves. They often wait years for a decision on their claim while battling poverty, isolation and mental ill-health. However, the Government appear to want to maintain a ban on employment for asylum seekers, even after the introduction of their offshoring policy. They say that giving people the right to work will still encourage more people to come to the UK.

This pull-factor argument, however, is simply not supported by the facts. Evidence for it remains unclear, unshared or—as many suspect—non-existent. A challenge to Ministers from the Government’s own Migration Advisory Committee to show proof of a link between the employment ban and a pull factor has so far gone unanswered. Publicly available and up-to-date figures show no correlation. If such a correlation, or even causation, existed, asylum migration would look very different from how it does today. Certainly, 28,000 refugees would not have risked their lives crossing the channel in boats in 2021 to come to the UK, where they cannot work; they would have headed to Sweden, which received just 10,000 applications for refugee status, even though asylum seekers can work after day one.

The 62,000 people who claimed asylum in Spain last year, where they must wait for six months to work, would have simply crossed the border into Portugal, whose 1,300 asylum applicants can get a job after one week. The people who applied for asylum in France—over 100,000 of them—where they must wait six months to work, could have just stopped in, or headed to, Italy, where they can work after two months. That some countries with stricter labour access laws often receive more asylum seekers, while, in many cases, fewer refugees go to countries with more relaxed rules around work, shows the lack of link between application numbers and employment rules. As we have repeatedly said in these debates, what the overwhelming evidence does point to as pull factors are those things that make almost all of us feel safe: our families, our friends, our communities, our language, a sense of shared history, and a country with a stable Government and respect for human rights.

We have an environment in which Ministers are nervous of appearing soft: I understand that. They are so nervous that even a widely beneficial, evidence-based, common-sense policy such as the right to work has yet to be accepted because it might make Britain a magnet. But I believe that this is wrong, and, while the negative and costly effects of this ban might not seem obvious, they are real. The ban costs the taxpayer an estimated £210 million a year. It leaves asylum seekers in poverty and institutionally dependent; it leaves businesses up and down the country without extra hands at a time of record job vacancies; it takes a terrible toll on people’s mental health; and it damages any attempt at integration and future employment success.

It should not be so hard to reach agreement on a policy that has so much cross-party support and so many benefits. I spent years at the DWP, as a Conservative special adviser, working to support people into work and off welfare, only to be hindered from advancing the same opportunity to those who have sought the protection of this nation.

The instinct to work, to contribute and to provide for one’s family is universal and integral to who we are as human beings. It is what it means to be human, each one according to their talent, gift, capacity and capability. We damage people when we forbid them to contribute. I urge the Government to keep thinking and to think again.

[The Lord Bishop of Manchester]

My Lords, I confess that I thought I had finished with ping-pong when I laid down my bat as table tennis captain of my college at university more than four decades ago. This is my first time at it in this rather different setting.

I rise to speak in support of Motions F1 and H1 in my name. I am extremely grateful to my right reverend friend the Bishop of Durham for his excellent previous work on these Motions. He is unable to be in his place today, so we worked on them together. I am also grateful for a letter I received this morning from leaders of many of the main Christian denominations in the United Kingdom, urging me to continue to press on these matters.

Clause 11 continues to be the most challenging part of the Bill in the way it differentiates the treatment of those who seek sanctuary in the UK. Therefore, I continue to support Motions B1 and C1. I also support Motion D1 and pretty well all others in this group.

It is a long-established principle of UK law that, when removing an individual to a third country, the UK has an obligation to ensure that this will not violate the person’s human rights or the UK’s obligations under international law. It is also a long-established principle, affirmed by the Supreme Court, that it is not enough for the third country to have signed international human rights treaties; it must respect them in practice.

Motion F1 would ensure that the UK can transfer an asylum seeker to another country only if that country is genuinely safe, both in law and in practice, for the individual being transferred, and where that individual’s rights under the refugee convention and human rights law will be respected. The Motion would also prevent transfers under agreements such as the recent Rwanda-UK memorandum of understanding, which as I understand it is not legally binding on either party, where the standards of treatment in the receiving country are unspecified and unenforceable in any court. It is essential that clear minimum standards are set to ensure the UK does not send people we consider to be refugees, both legally and morally, to a country where they may be denied protection and put at risk of refoulement.

I listened to the Minister’s assurances earlier and am grateful for them, but the UNHCR is clear:

“Such arrangements simply shift asylum responsibilities, evade international obligations, and are contrary to the letter and spirit of the Refugee Convention”.


In its latest annual report, Amnesty International set out that in Rwanda:

“Violations of the rights to a fair trial, freedom of expression and privacy continued, alongside enforced disappearances, allegations of torture and excessive use of force.”


Moreover, the Home Secretary’s response to understandable concerns about Rwanda’s human rights record that were raised in the other place demonstrates the risk that the designation of a particular country as safe may not be simply because it is safe but may become politicised or be influenced by broader foreign policy concerns. It is right that this country has foreign policy concerns, but they must not bleed into decisions about what is a safe country to which an asylum seeker could be sent. We need a clear, independent and enforceable legal standard.

My right reverend friend the Bishop of Chelmsford set out in a recent letter to the Home Secretary that the current plan to offshore asylum seekers to Rwanda

“treats the most vulnerable in our midst in a cruel and inhumane way”.

My most reverend friend the Archbishop of Canterbury has put it even stronger, in words I will not remind the House of this afternoon.

Without the provisions set out in this amendment, the only bar to relocating an asylum seeker to a country with which they have no connection would be for each individual asylum seeker to demonstrate that removal there would violate their human rights under the European convention. Furthermore, demonstrating a risk of refoulement from a third country requires demonstrating that its asylum provisions are inadequate. This is something that requires expert knowledge. That is not practical for the vast majority of asylum seekers to demonstrate in their individual cases.

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Moved by

[The Lord Bishop of Manchester]

At end insert “and do propose Amendment 53H in lieu—

53H: Page 88, line 11, leave out paragraphs 1 and 2 and insert—
“1 In section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending), after subsection (2) insert—
“(2A) This section does not prevent a person being removed to, or being required to leave to go to, a third State, where all of the following conditions are met—
(a) the removal is pursuant to a formal, legally binding and public readmission or transfer agreement between the United Kingdom and the third State;
(b) the criteria for removal are public, transparent and non-discriminatory;
(c) the State is a safe State, as shown by reliable, objective and up-to-date information, in that there are, in law and practice—
(i) appropriate reception arrangements for asylum-seekers;
(ii) sufficiency of protection against persecution, threats to physical safety, violations of fundamental rights, and other serious harms;
(iii) respect for human rights in accordance with international standards;
(iv) protection against refoulement;
(v) fair and efficient State asylum procedures, with sufficient capacity to process asylum claims fairly and in a timely manner;
(vi) the legal right to remain during the State asylum procedure; and
(vii) if found to be in need of international protection, a grant of refugee status that is inclusive of the rights and obligations set out at Articles 2 to 34 of the Refugee Convention;
(d) the person will have access to such fair and efficient asylum procedures, or to a previously afforded refugee status or other protective status that is inclusive of the rights and obligations set out at Articles 2 to 34 of the Refugee Convention;
(e) it has been determined following an individualised assessment in which the person has an effective right to participate that it is reasonable for the person to go to that State in light of their individual circumstances, including—
(i) their ties to the United Kingdom;
(ii) their vulnerabilities and specific needs, including but not limited to their sexual or gender identity and any history of modern slavery, torture, or gender-based violence;
(iii) the prospects of their long-term integration into the receiving State; and
(iv) any reasons that the State may not be safe for them; and
(f) the person is not a national of that State.
(2B) The Secretary of State must in each year lay a report before both Houses of Parliament which includes—
(a) the number of people who have been removed to a third State while their asylum claim is pending;
(b) the cost of removal per person.”””

[The Lord Bishop of Manchester]

My Lords, I wish to test the opinion of the House.