All 3 Lord Blunkett contributions to the Nationality and Borders Act 2022

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Wed 5th Jan 2022
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Thu 27th Jan 2022
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Lords Hansard - Part 2 & Committee stage: Part 2
Tue 1st Feb 2022
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Nationality and Borders Bill Debate

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Department: Home Office

Nationality and Borders Bill

Lord Blunkett Excerpts
Lord Blunkett Portrait Lord Blunkett (Lab)
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My Lords, I cannot do justice in five minutes to what needs to be said, suffice it to commend the excellent speech of my noble friend Lord Rosser from the Front Bench, and the first five speakers, who covered the challenge comprehensively. I have been here 20 years ago—as has been mentioned several times—in examining overseas processing. I have been here on accommodation processing internally. I have been here in getting rid of those who have committed crimes. I have been here in reducing unwarranted asylum by two-thirds by the time I left the Home Office.

It is really important to understand what has happened previously and to learn from it. Signalling without solutions is virtue signalling while misleading the public. Anyone who believes that this Bill will be successful in implementation is delusional. When it fails, the Government will presumably blame somebody else rather than themselves. A two-tier asylum system will fail. Withdrawal of citizenship without notification or explanation will be immoral. As has already been described, breach of international conventions, including Article 31, is totally unacceptable for a democratic nation.

Promising resettlement programmes that have actually been curtailed is also a delusion which will come home to bite. If you promise that there will be other resettlement routes—other than for Hong Kong and those who are eventually resettled from Afghanistan—when, as has already been said, you have withdrawn the routes in respect of family reunion and not put alternatives in place, you will end up with what happened last year, with not a single person resettled from Yemen as their country of origin and only one from Iran. Please, if we are going to preach morality, let us at least be honest about it.

In the time I have, I want to ask the Minister to clarify, via her officials in the Box, whether—seeing as we are talking about morality and the intentions of this Bill—the Home Secretary said, as was reported extensively on 17 November from her visit to Washington, when speaking to journalists about migrants:

“These people have come to our country and abused British values, abused the values of the fabric of our country and our society. And as a result of that, there’s a whole industry that thinks it’s right to defend these individuals that cause the most appalling crimes against British citizens, devastating their lives, blighting communities”.


I want the Minister to come back this evening and tell me what was incorrect in those newspaper quotes.

It takes me back to WH Auden who, in his 1939 poem “Refugee Blues”, talks about the endeavour to be able to get into a country without documentation. The consul’s words are:

“‘If you’ve got no passport, you’re officially dead’”

and the answer from the migrant is:

“But we are still alive, my dear, but we are still alive.”

Today, he might have written that the manifest demanded it, the border official commanded it, but in the refugee camp they removed it—my identity, my sanctuary, my everything.

Removing the right to come here unless you have a passport and visa is fraudulent. It creates a two-tier system which says that if you get here legally and have the right to be here, we will deny you asylum, because of course you do not warrant it. However, if you do not have the documentation and arrive here illegally, we will imprison you for four years. What sort of Government, what sort of nation, what sort of opportunity are we talking about this afternoon?

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I thank the noble Baroness, and I know she would not have made that suggestion.

We are talking today not about the lawful migration which has so enriched our country, but about illegal migration, which only makes it harder for us to do what we all want, which is to protect those in greatest need of our help.

As I said, I cannot touch on every point that was made, but I hope to touch on some of the key issues. To quote my noble friend Lord Wolfson again, we have to start with the basic reality that the current system is not working. We need real, practical solutions, not just another outline of the problems, so I offer particular thanks to noble Lords who have today shared some suggestions of what we can do. Reform is desperately needed, and the Bill will enable us to deliver it.

I turn first to the deprivation of citizenship, because that has been so widely mentioned, including by the noble Lords, Lord Rosser, Lord Paddick, Lord Blunkett, Lord Anderson of Ipswich, Lord Dubs, Lord Kirkhope of Harrogate and Lord Hannay of Chiswick; the noble Baronesses, Lady Fox of Buckley, Lady Chakrabarti, Lady Jones of Moulsecoomb, Lady Lister and Lady Uddin; and my noble friends Lord Balfe and Lady Warsi. I assure the noble Lord, Lord Woolley, that, irrespective of his name—mine also starts with a “W”, so I know where I stand—I listened to his concerns on the clause very carefully. I assure him of the Government’s continuing commitment to righting the wrongs of Windrush. We have been very clear on that, so, to echo what was said explicitly in the other place, the Bill does not widen the reasons for which a person can be deprived of their British citizenship. The change is about the process of notifying the individual.

Picking up on some of the questions asked by the noble Lord, Lord Anderson of Ipswich, in particular, the clause is necessary to ensure that we avoid a situation where we could never deprive a person of their British citizenship just because there is no way of communicating with them, or where to make contact would disclose sensitive intelligence sources, including a last known address—if we even have one. This is vital to protect the security of the UK from those who would wish to do us harm.

Rightly, this power is reserved for those who pose a threat to the UK and those who obtain their citizenship by fraudulent means. Decisions are made following careful consideration of advice from officials and lawyers, and in accordance with international law. It always comes with an appeal right. The Government do not seek to extend deprivation powers—I want to make that absolutely clear. The grounds on which a person can be deprived of their citizenship will remain unchanged. We also do not want to deny a person their statutory right of appeal where we have made a decision to deprive, and the Bill preserves that right. The change is simply intended to ensure that existing powers can be used effectively in all appropriate circumstances and in no way represents a policy change in this important area of work. Instead, the scaremongering that we have seen around this clause from some quarters is unacceptable, irresponsible and highly regrettable.

The noble Lord, Lord Rosser, and the noble Baroness, Lady Jolly, made some thoughtful contributions on the importance of organisations such as the RNLI, and I share their sentiments about them. I want to reassure noble Lords that the Bill does not change the Government’s approach to existing obligations under international maritime law, including that first duty to protect lives at sea. I might say that I am delighted that the RNLI has received additional contributions, because I see the work that it does down in Cornwall. The Government tabled an amendment to the Bill in the Commons on Report to make absolutely clear that organisations such as HM Coastguard and RNLI will be able to continue to rescue those in distress at sea, as they do now.

Perhaps I may move on to differentiation. The noble Baronesses, Lady Chakrabarti, Lady Ludford, Lady Kennedy of the Shaws and Lady Uddin, the noble Lord, Lord Hylton, and the right reverend Prelate the Bishop of Durham spoke about provisions that differentiate between groups of asylum seekers. I know that there is a difference of opinion about these provisions, but I do not make excuses for doing everything possible to deter people from making these dangerous crossings. I should like to provide reassurance that family reunion, which I know is an issue of particular concern, will be permitted for those in group two where refusal would breach our international obligations under Article 8 of the European Convention on Human Rights.

I should also like to pick up specifically on the comment from the noble Baroness, Lady Kennedy, on female judges from Afghanistan. She and I have talked about that and how they will be considered under the new differentiated asylum policy. As she set out, in August we announced the Afghan citizens’ resettlement scheme, one of the most generous schemes in our country’s history, with up to 20,000 people at risk being given a new life in the UK. The scheme will explicitly prioritise those who have assisted the UK’s efforts in Afghanistan and stood up for values such as democracy, women’s rights and freedom of speech or the rule of law. I hope, therefore, that I can assure the noble Baroness on that. The scheme includes women’s rights activists, journalists and prosecutors.

Individuals granted settlement under the ACRS will not be subject to any differential treatment and will be granted indefinite leave to remain in the United Kingdom. That sits alongside our other safe and legal routes, including the UK resettlement scheme and community sponsorship, which I am delighted the right reverend Prelate the Bishop of Chelmsford mentioned, because it is a scheme that I am very keen on and I hope to have more discussions with her on it. Other safe and legal routes include the mandate resettlement scheme, the Afghan relocations and assistance policy and the immigration route for BNO status holders from Hong Kong.

I move on to modern slavery. Many noble Lords, including my noble friend Lord McColl, the noble Lords, Lord Alton of Liverpool, Lord Rooker and Lord Morrow, the noble Baroness, Lady Hollins, and the right reverend Prelate the Bishop of London asked about Part 5, which relates to modern slavery. The Government are totally committed to tackling this terrible crime, one that seeks to exploit and do harm. This requires active prosecution of the modern slavery perpetrators.

Noble Lords asked why we are legislating for modern slavery in this Bill. The fact is that there is an overlap between some individuals who enter the immigration system and the national referral mechanism, so it is right that we make sure that those individuals have their full set of circumstances considered together. We also want to make sure that vulnerable individuals are identified as early as possible so that we can ensure that they have access to the right support.

That is why this Bill makes clear, for the first time in primary legislation, that where a public authority, such as the police, is pursuing an investigation or criminal proceedings, confirmed victims who are co-operating in this activity and need to remain in the UK in order to do so will be granted temporary leave to remain. The legislation also makes it clear that leave will be granted where it is necessary to assist an individual in their recovery from any physical or psychological harm arising from the relevant exploitation, or where it is necessary to enable them to seek compensation in respect of the relevant exploitation. It is right that leave is granted only to those who need it. This is both firm and fair.

Additionally, as part of our ongoing commitment to victims, we will continue to explore opportunities to enhance our support for victims through the criminal justice system through our review of the modern slavery strategy. Having as clear a definition as possible of the relevant eligibility criteria is the best way to give victims the clarity and certainty they need.

I assure noble Lords that we remain in line with our international obligations and will continue to support, via a grant of temporary leave to remain, those who have a need to be in the UK to assist with their recovery from physical and psychological harm caused by their exploitation. All those who receive a positive conclusive grounds decision and are in need of tailored support will receive appropriate individualised support for a minimum of 12 months. We will set out further details in guidance in due course.

I turn to the concerns about the steps we are taking regarding the wording of the reasonable grounds threshold in the Modern Slavery Act 2015. Our purpose here is to ensure that this mirrors our obligation under the Council of Europe Convention on Action against Trafficking in Human Beings. We remain committed to ensuring that the NRM effectively identifies and supports genuine victims to recover.

Lastly, I turn to the specific questions raised by the noble Lord, Lord Rooker, on the recent joint statement of the Independent Anti-slavery Commissioner and the Victims’ Commissioner. I assure him that we are fully considering the issues raised and that we are currently engaging with both commissioners on these important issues.

Lord Blunkett Portrait Lord Blunkett (Lab)
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I am sorry to do this to the Minister, but the context of the Bill has to be seen in the light of the pronouncements of the Home Secretary. When I was Home Secretary, I knew and was reminded constantly by my special advisers that what I said constituted government policy, the direction of government and the context within which legislation was provided. I need her to assure the House that what I read out five and a half hours ago as being the views of the Home Secretary in November either constitutes the view of the Government or is refuted by her.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I cannot read the mind of the Home Secretary, but the noble Lord is absolutely correct that that was a quote from her. On the point that she was making, I think the article he referred to was in relation to the Liverpool bomber. I think the Home Secretary gave that as an example of someone whose asylum claim had been refused. That person then went on to do potential harm to the people of this country. In fact, through the actions of the very brave taxi driver, he blew only himself up, but she was reflecting on the harm that a broken asylum system can do to the people of this country. That is why we need to give refuge to those who need our refuge and to make sure that we deter illegal migration and come down hard on those people who would wish this country harm. I hope that encapsulates my right honourable friend’s estimation of the situation and satisfies the noble Lord, Lord Blunkett.

In terms of the impact of provisions on women, which I touched on earlier, I was very interested to hear the contributions of the noble Baronesses, Lady Coussins, Lady Lister and Lady Neuberger, about the experiences of women and girls including those fleeing sexual violence, and from the noble Baroness, Lady Hollins, about the experience of vulnerable people who may be experiencing physical or mental ill health. These must be quite traumatic experiences, particularly if you are in a war-torn country.

We recognise that people who have experienced those traumas may feel unable to provide evidence relating to their protection or human rights claim. That is why the Bill makes very clear that, where late evidence is provided and there are good reasons for that, the credibility penalties relating to late evidence will not apply. We will set out in guidance what can constitute good reasons to allow decision-makers the flexibility to take a case-by-case approach depending on a person’s specific situation and vulnerabilities. Looking at the noble Lord, Lord Ponsonby, and his potential case study, it might apply in that case.

We have heard many views expressed on our proposals to make it possible to remove protection claimants to a safe country while their claims are processed. I note in particular the speeches from the noble Lords, Lord Desai, Lord German and Lord Dubs, and my noble friends Lord Horam and Lord Kirkhope of Harrogate. While people are placing their lives at risk making perilous journeys, every possible option must be considered to reduce the draw of the UK. The Government have made their position clear throughout the debate: people should claim asylum in the first safe country that they reach. That is the fastest route to safety. We are also clear that this Bill is fully compliant with all our international obligations and we will not act in such a way which means that a person’s life is at risk or which places a person at risk of persecution, torture, inhumane or degrading treatment.

I move on to the British Hong Kong service personnel. I hope noble Lords will indulge me for an additional minute or two because I was intervened upon. The noble and gallant Lord, Lord Craig of Radley, raised concerns about the former British Hong Kong service personnel, and I think, to be fair to him, has been doing so since I have been a Home Office Minister, so I must give him credit for that. We remain extremely grateful to those former British Hong Kong service personnel. Under the British nationality selection scheme, a limited number were settled in Hong Kong and could apply to register as British citizens, as he knows. I can confirm, as he requested, that the Government have identified a potential solution to this issue and are currently investigating proposals that could see this cohort treated in a similar way to other non-UK service personnel. That would be in addition to other pathways that they may already be eligible for. There is considerable work to be done to fully scope the ramifications and impact of the policy; however, we aim to provide further details as soon as we can with a view to a solution being provided before the end of this calendar year. Given that he has waited nearly six years—under my tenure anyway—I know he has got an awful lot of patience.

More broadly in terms of international co-operation, my noble friend Lord Balfe, the noble Lords, Lord Reid, Lord German, Lord Davies, Lord Liddle and Lord Dubs, and the noble Baroness, Lady Prashar, have spoken eloquently about the need for us to work with our international partners to tackle what really are shared global challenges. I totally agree; all countries have a moral responsibility to tackle the issue of illegal migration. Most countries have got the challenge of illegal migration.

Nationality and Borders Bill Debate

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Nationality and Borders Bill

Lord Blunkett Excerpts
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP)
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My Lords, I have been very pleasantly surprised to see the level of public anger that has been expressed against Clause 9. People are rightly absolutely furious to learn that there is a two-tier system of citizenship in this country, where if you have a second nationality you are at risk of the Government withdrawing your British citizenship. That is pretty grim. However, it is concerning that some people are suggesting this is something new. It is not new; it is already the law that dual citizens can have their British citizenship revoked with the very wishy-washy legal test of it being conducive to the public good.

That is why my noble friend Lady Bennett of Manor Castle has tabled Amendments 32 and 33. These will revoke the power of the Government to remove people’s British citizenship unless their citizenship was obtained by fraud or deception. Clause 9 extends the power, but simply defeating Clause 9 will not remove the power. I hope that we can work with noble Lords to remove the power on Report to eliminate this two-tier system of citizenship.

While we are discussing numbers, since 2006 the legal website Free Movement has found that at least 464 people have been stripped of their British citizenship. For comparison, in the 30 years before 2003 no one had been stripped of citizenship. So much for transparency —this could be discovered only through research, as the Government do not provide any sort of regular reporting on the figures. I ask the Minister if the Government will start doing that, so we can keep track and be fully aware of what they are doing.

Lord Blunkett Portrait Lord Blunkett (Lab)
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My Lords, reference has understandably been made to one of the Acts which came to fruition when I was Home Secretary, and I do not resile from that. I speak this afternoon because this is a critically important debate, and the contributions so far have been both informative and enlightening.

Amendment 28 from the noble Lord, Anderson, has a great deal of merit. I say to the noble Lord, Lord Moylan, for whom I have the most enormous respect and good will from working together on a whole range of other issues, that simply going back to day zero is not necessarily the best answer for the solution we are seeking. If we could find a way forward on Report that takes away the genuine fear from millions of people who believe—erroneously, but they believe it—that Clause 9 as drafted and the implementation of further measures will put them and their families at risk, then we will have done a good job in clarifying the situation.

To put things in perspective, the reason that there was a change from the early 20th century onwards has a great deal to do with the nature of dual citizenship, the way in which global movements have changed quite dramatically and the consequences of global franchise terrorism, which did not exist before. Our main threat, as we all know, up to the beginning of this century, was seen to be from the conflict in Ireland.

To be fair to the Minister, an effort to try to bring the present situation up to date is understandable, but the way it is being done is not. I do not think that the 2002 legislation, implemented in 2003, actually went too far. It was done on the back of the attack on the World Trade Center and beyond, and it was necessary to take into account the dangers that were foreseen and the people who were known to be a danger to our country. I thought that the measures taken at the time seemed to be proportionate. We can debate whether they were or were not, but it is absolutely clear that simply going further and further without justification is not appropriate in our democracy. A step back and a reflection on what it is we are trying to achieve, and why, would be beneficial.

By the way, I do not consider that the measures I was involved in were about punishing anybody. They were about protecting people from those embedded in the community who were no longer committed to our democratic society; in other words, those who had forfeited this part of their dual citizenship—citizenship of our country—because of the actions they took or were prepared to take. These were the actions of individuals, not actions imposed by government.

Let us try, if we can, to get this right on Report. If we can do that, we will take away that fear, which I think is the main reason why we should remove Clause 9.

Baroness Mobarik Portrait Baroness Mobarik (Con)
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My Lords, first, I apologise for being unable to speak at Second Reading. I have put my name to Amendment 27 in the name of my noble friend Lord Moylan, who laid it out so well.

Clause 9 has shone a spotlight on legislation concerning the deprivation of citizenship—legislation that has essentially been in existence since 1918, as has been pointed out. However, the degree of power that this legislation wields has evolved over decades, most notably in 2002, 2006 and 2015. The current attempt to deprive a British person of their citizenship without even informing them in advance takes these powers to a wholly unacceptable and sinister level; powers that we would not expect in a modern democracy and, as has been said, more akin to archaic banishment laws.

As my noble friend Lord Moylan stated, this amendment would allow us to row back from the damaging legislation of recent years to the British Nationality Act 1981. It is by no means perfect, as it has certain aspects that one could question, but it is perhaps the most pragmatic and acceptable legislation that we have currently. At the very least, this amendment would go a long way to providing some degree of security to the many people who feel that they are vulnerable under the current legislation, and certainly the proposed legislation. Such legislation has crept in, often as a knee-jerk response to a single event or individual.

The Minister may argue that what I say is an over- reaction and that these powers would be used only in exceptional circumstances. But if Clause 9 is enacted into law, there is a very real danger of its misuse. The open- ended term

“conducive to the public good”

flashes red. If citizenship is revoked without notice—perhaps while someone is abroad, with the Home Secretary considering them unreachable—it is highly unlikely that that person would have any recourse to appeal by the time they found out their predicament. On a more basic level, you cannot appeal a decision of which you are unaware.

As a person cannot be made stateless according to international conventions, by default this clause has a disproportionate impact on people from ethnic- minority backgrounds who have a connection to the Commonwealth or a country where they are entitled to dual nationality. It also has an impact on people from Europe, and it impacts Jewish communities who are entitled to citizenship in Israel.

There are already examples of wrongful revocation of someone’s citizenship, in effect destroying years of their life, as in the case of the British man known as E3. He was stripped of his citizenship while in Bangladesh and stranded there for five years. He only recently had his citizenship reinstated, with no explanation by the Home Office as to its actions, no shred of evidence against him and eventually no charge. There needs to be greater transparency as to how this power is used, as the noble Baroness, Lady Fox, pointed out. Surely we cannot have a society made up of degrees of citizenship, where some are full citizens while others are half-citizens and some are perhaps a bit more than half-citizens.

Being British should not mean that people are expected to deny their ethnicity or renounce their religion, their culture, the country of their birth or that which gives them their identity. We should all be able to celebrate every aspect of who we are and still be a citizen of the state able to vote, work, contribute, raise our families and live in freedom and free from prejudice. I understand that this is not what is being disputed, but there are many people in our country right now—good, law-abiding, loyal citizens—who feel threatened, let down and even scared because they feel that they are the target of this legislation due to their ethnic heritage. There is real disquiet among minority-ethnic communities about the impact of this proposed legislation. Certainly, it does not give confidence or engender loyalty and a sense of belonging, which is what I hope the Home Office would wish to see from all those who live here.

Today, expulsion is for extreme crimes. Tomorrow, it may be for wrongfully accused postmasters or for those exercising the right to peaceful protest on some issue. After all, expulsion may be deemed to be

“conducive to the public good”.

On a personal level, I feel utterly disappointed. If your Lordships will permit me to digress, I do so by way of illustrating how others like me feel. I came to this country as a child of six in the 1960s and was subsequently naturalised—yes, I am associated with that dubious term. My late father served in what was then the British Indian Army during the Second World War. He came from Pakistan. His loyalty to the UK throughout his life was without question and his contribution notable, both in wealth creation and in public service. He was a first-generation immigrant familiar with the language and culture of his country of birth.

We now have a significant population of second, third and even fourth-generation people from the Commonwealth who know no other country than the UK. They have local accents, and they are relaxed with local cultural norms. They feel themselves to be 100% British. They are, nevertheless, in a category of those who have links to another country: that of their parents’ or grandparents’ birth. Therefore, they are potentially vulnerable to having their citizenship revoked and—if Clause 9 is enacted into law—perhaps without even the courtesy of being informed beforehand.

I believe that there is a wider debate to be had over whether citizenship deprivation as a whole is in the interests of our country. I support Amendment 32 in the name of the noble Baroness, Lady Bennett, in this regard.

I understand that the broad objective of this legislation is aimed at only a handful of extremists and criminals, but legislation has to be more wind-tight and watertight. What is essentially at stake here is the principle of the rights of all citizens. Are we really going to let a handful of criminals dictate our very values of fairness, justice and equality? I hope that we would trust in our justice system, one that is the envy of the world, and not perhaps a whim and a flick of an administrator’s pen.

As a six year-old newcomer, unfamiliar with the language or customs of this country, I was acutely conscious of any prejudice or discrimination, however subtle. Human beings are good at detecting such subtleties. Unlike my carefree school friends, I grew up very mindful of immigration legislation whenever it was being debated. I was also conscious of the attempts by our various Governments to address inequalities and to establish good race relations. Having recently served in the European Parliament, I can say that I am proud that the UK has done more in the area of equality, inclusion and diversity than any other country in Europe.

We have so much to be proud of as a nation, so let us not bring into law such a blatantly illiberal and divisive piece of legislation. It is not in accordance with our values and will not serve us well. I agree with the conclusion of the Constitution Committee that Clause 9 must be removed from the Bill.

Nationality and Borders Bill Debate

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Department: Home Office

Nationality and Borders Bill

Lord Blunkett Excerpts
Lords Hansard - Part 1 & Committee stage
Tuesday 1st February 2022

(2 years, 2 months ago)

Lords Chamber
Read Full debate Nationality and Borders Act 2022 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 82-III Third marshalled list for Committee - (1 Feb 2022)
Lord Alton of Liverpool Portrait Lord Alton of Liverpool (CB)
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My Lords, I rise to briefly support what the noble Lord, Lord Kerr, has just said to the House about the importance of creating more safe routes and dealing with the Catch-22 he described. The noble Baroness, Lady Williams, will recall that I raised with her the position of British embassies in parts of the world of the sort the noble Lord has just referred to and the role they might play in sorting out genuine asylum claims, which people cannot make. I gave the noble Baroness examples of the Yazidis and others in northern Iraq, which I visited in 2019, who, if they could have gone to a British post or embassy and had the matter dealt with on the ground, would have been saved much misery. I appeal to the noble Baroness to look at this question of safe routes and how we bring about a way in which incredibly vulnerable people are able to be sorted out and given a chance to come to places of safety and sanctuary.

I want to support what the noble Lord, Lord Coaker, said as well. So much in this Bill is about what can be described as the pull factors that the Home Office always refers to, but we have failed to give sufficient attention to the push factors that bring some of those more than 80 million who are displaced or refugees in the world today. There was a Cross-Bench debate only last month where Members from all sides of your Lordships’ House called for greater international efforts to be made, co-ordinating a campaign by the great nations in the way we have done over issues from COP 26 to Covid. Eighty million people displaced or refugees worldwide requires international action. We should be convening an international conference on that subject alone, and I would love to see this country taking the lead on that.

I would also like this country to take the lead in standing up to some of the internet companies that are referred to in Amendment 129, from the noble Lord, Lord Coaker, and the noble Baroness, Lady Neville-Rolfe. It is outrageous that companies believe they can be above the law and do as they wish in enticing people—the kind of people the noble Lord, Lord Coaker, described—who feel they are destitute and at risk with advertisements for illegal routes to countries such as the United Kingdom. That is against the law; it should not require a new Act of Parliament to deal with it. I hope when the noble Lord, Lord Sharpe, comes to reply to the debate, he will be able to tell us that more is going to be done about that now.

Lord Blunkett Portrait Lord Blunkett (Lab)
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My Lords, first, I would like to apologise to the House, the Front Bench in particular, the Minister and the movers of amendments in the next group, because I have a medical appointment, and under the conventions of the House, if I spoke in the next group, I would have to leave and be rightly reprimanded. I just want to say, under this group of amendments, just how much I have agreed with what everyone has said. I would have said something very similar in relation to Clause 11.

Lord Green of Deddington Portrait Lord Green of Deddington (CB)
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My Lords, I rise first of all, briefly, to support Amendment 129, in the names of the noble Lord, Lord Coaker, and the noble Baroness, Lady Neville-Rolfe. It is clear, necessary and relatively simple, at least in principle, so I trust that the Government will consider it very carefully.

Our asylum system is already overwhelmed, with a backlog of cases approaching 125,000, which is, I think, rather more than the British Army. So we have to do everything we can to reduce the inflow of those entering by illegal means. In brackets, I say to the Minister that I hope he will take this opportunity to deny that the Government now intend to bury the statistics and emerge only every three months to tell us what is happening.

That said, I would like to speak briefly about the points that have just been made by other noble Lords about the need for safe routes for asylum seekers wishing to come here. I think we need to be a lot more careful about how we address this. My noble friend has just referred to the 80 million refugees in the world. The numbers are huge, even if these are only a third of those who are actually going to move from one country to another. Is it really being suggested that we have a system whereby any who would like to leave his own country has only to purchase a ticket to London and will then be accommodated, et cetera, and his case will be heard? Is that really what is proposed? What about those who fail? Some 70% of the people now arriving across the Channel are young males. I suspect that they are not, in most cases, the ones who are most in need. If this is not to fly completely out of control and reach a level at which the public will react rather strongly against the sheer size of the inflow, we have to be a lot more careful.

It has been suggested that one way to tackle this would be to have missions overseas to take the applications. I am sure that is being considered very carefully, but I am sure that the outcome of that consideration will be that it just will not work. Those posts—whether embassies or some special posts set up in the third world—would be overwhelmed in a matter of weeks. Then you have to ask the Governments of the countries concerned what will happen to those who turned up, quite often from neighbouring countries, did not get the permission that they were hoping for, and are hanging around the embassy or wherever it is in ever-growing numbers. The host Governments would not care for that at all, and it would not achieve anything as far as we are concerned; it would simply mean that the inflow would become, in principle, pretty unmanageable. I really think we have to be careful about this talk of “safe routes”. We keep hearing it all the time; we never hear what is actually meant. I would like to hear from colleagues in this Committee how they propose to organise 30 million people who would like to come here. It cannot be done; there is no public support for it on that scale, and we really need some clear and logical thought.