Nationality and Borders Bill

Lord Blunkett Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Blunkett (Lab)]

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than for Hong Kong and those who are eventually resettled from Afghanistan—when, as has already been said, you have withdrawn the routes in respect of family reunion and not put alternatives in place, you will end up with what happened last year, with not a single person resettled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?

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

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 (Lab)]

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 (Con)]

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.