Illegal Migration Bill

Lord Bourne of Aberystwyth Excerpts

2nd reading
Wednesday 10th May 2023 Lords Chamber

[Lord Bourne of Aberystwyth (Con)]

My Lords, I welcome the opportunity to speak in this debate, and it is a great pleasure to follow the noble Lord who, as always, spoke with such sense. He certainly knows what he is talking about, and we would do well to listen to what he said.

I look forward to this legislation being improved in your Lordships’ House—there is certainly scope for that. There are some very real concerns about this legislation. I do not doubt the need to control immigration, nor indeed do I doubt the need for a properly regulated system of asylum. However, it is a complex global issue. It does not follow that, because we have a problem, any action is appropriate, justified or to be welcomed. It is not. This Bill does not deal with the asylum backlog, nor does it do anything to bring to book traffickers, who are the real villains who should be centre stage in any system of governmental action. I question whether this legislation will have the deterrent effect that is argued for, and I look forward to hearing evidence of that.

It is legitimate to ask what we would do instead, and I will come on to some of the things that could be done. The noble Lord, Lord Kerr, has just talked about processing in France, which is a real way of tackling some of the problem.

At the centre of my concerns is the statement in the Bill made by the Home Secretary that in her view she is unable to make a statement that the provisions of the Illegal Migration Bill are compatible with the convention rights. That goes to the very centre of what makes us great as a nation: a belief in the rule of law. This is the post-war settlement coming back at us. Do we really want to ally with Trump and Putin? That is what we are doing if we turn our backs on the very fundamental problem that this is illegal. That statement is a concern, and I assume it concerns the Minister. I look forward to hearing more about how he thinks we are on the right side of the law here.

I would also appreciate it if something were to be said about the impact of this legislation. We are told, and I agree, that there is a problem and we need to do something about it, but we are entitled to ask what the costs of this measure would be. Part of the answer, apart from the processing, is more safe and legal routes. That does not mean we are giving way to massive inroads into the country, but it would take pressure off illegal, costly and hazardous routes.

I am concerned about the prevention of asylum for anyone entering the UK irregularly, because people will come in irregularly, particularly because we are closing down safe and legal routes. We are, as the refugee convention has made clear, in danger of extinguishing the right for refugees to seek refugee status here. Is that what we really want as a country?

I am concerned too at our turning our backs on the modern slavery legislation—the withdrawal of protections that we passed recently with such great pride, and in contravention of international law. Is that what we want to do as a country? I do not think we do. How does the withdrawal of the rights of modern slavery protection help our country?

I am concerned also about the rights of children. The treatment of children refugees is another massive area of concern, specifically a power given to the Secretary of State to deport child asylum seekers.

The thrust of this legislation should give us pause. We should be dealing with traffickers and providing protections from modern slavery and for children. We should uphold the principle of asylum, which needs to be restated.

I listened with great interest to the contribution from the most reverent Primate the Archbishop of Canterbury. He was right to say that he would be bringing forward proposals in Committee to deal with some of the concerns that exist about the convention and the need to update it, as well as things to be done at an international level. I hope the Government will engage with him. We should take that offer positively so that we can improve this legislation, because there are massive improvements that need to be made.