Illegal Migration Bill

Lord Cashman Excerpts

Committee stage
Monday 5th June 2023 Lords Chamber

What empirical evidence—not mere assumptions but facts—have the Government based their equality impact assessment on? The policies that we are now dealing with are based on their facts and their equality impact assessment. Therefore, the Committee must understand whether it is assumption or fact. The provision for young people being in this Bill, based on an assumption from the Government that it will stop them coming here, does not seem to stand up to the evidence when it is examined by others.

[Lord Cashman (Lab)]

My Lords, like my noble friend Lord Touhig, I was not going to speak to this group of amendments because the arguments have been put so brilliantly. However, I cannot remain silent. I will be brief.

At Second Reading, I said that I could not believe that we were debating such a piece of legislation in a British Parliament. This afternoon, I cannot believe that we are having to argue for basic, decent, fundamental principles for those who are most vulnerable, and particularly for unaccompanied children who, as others have said, have left their country because they had no other choice. The reality of what they were facing drove them from their families, from their homes, and from a place where they felt that they would be safe and where they belonged.

I merely say this to the Government. The Government have two options: to work with those who have tabled these amendments to make a disgusting piece of legislation less so, or to explain to me and other noble Lords why these amendments are unacceptable and how this Bill will not diminish the rights of the most vulnerable children who present themselves on our shores.

[Lord Purvis of Tweed (LD)]

My Lords, having listened to the debate, I have three questions for the Minister.

First, if I understand the Government’s position correctly, the use of punitive measures against unaccompanied children in this Bill is for a deterrent effect. That is what the Minister said at Second Reading, and it has been a consistent line. For the Government to come to that view, they must have information about the numbers of unaccompanied children that the Bill will affect—otherwise it would have been impossible for them to have determined that this policy will be a deterrent. What is the Home Office’s core estimate of how many unaccompanied children it will require facilities for under this Bill? I know that the Minister has that information in his pack. He must tell the Committee what it is.

My second question is on the Government’s assertion that this measure complies with the UN Convention on the Rights of the Child. The Government say that they will act in the interests of the child. At the moment, the UN checklist is the mechanism used to determine the best interests of the child. Will the Minister commit to the Committee that the UN checklist for the determination of the best interests of the child will be used under the terms of this Bill? If the Government’s plan is for it not to be used, like the noble Lord, Lord Hannay, and others I fear that they will not be acting in the interest of the child according to the UN convention. This is particularly relevant given that the policy shift is moving away from determining what will be the safety of a child and towards what is considered to be a safe country. That is a very radical change. For example, there are a number of countries on the Government’s safe list that they are today advising against all travel to. Therefore, a British official, or any British charity, may seek to accompany an unaccompanied child back to a country that is considered to be safe while the Foreign Office advises against all travel to that area. How can that be consistent? Last year, I visited the Rwanda reception centre in Kigali. There were no children’s facilities. Can the Minister confirm that there are now?

My third question is this. The Government’s fact sheet on children states that:

“For any unaccompanied child who is removed when under 18, we will ensure that adequate reception arrangements are in place where the child is to be removed to”.


That is not true. What in this Bill provides for the assurance and the duty that there will be reception arrangements in place for any unaccompanied child? There is no mention of that in the Bill. The fact sheet cannot be correct if the Bill does not state that this will be the case. If the Minister can tell me where in the Bill there is a duty to ensure that there are reception facilities and reception arrangements in place for a child to be removed to, I would be very grateful.