Nationality and Borders Bill

Lord Coaker Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Coaker (Lab)]

My Lords, I declare an interest as a research fellow in modern slavery at the University of Nottingham. It is a great privilege to follow the excellent speech of the noble Baroness, Lady Hamwee, who outlined many of the problems and issues we have with this Bill.

I am proud and pleased to be standing here on this side of the House with the noble Baroness and many others who have spoken behind me, to my right, to my left and across the Chamber. We are all united in the belief that we need to tackle illegal immigration and have control over our borders but that, as my noble friend Lord Reid said, we should not do so at the expense of putting forward unworkable solutions which will do nothing to deal with the problems we are confronted with. Why should we do this in a way that drives a coach and horses through human rights legislation and international conventions to which this country has been a proud signatory over decades? That is the crux.

I am pleased to say that this Chamber reflects the country; there is a clash of views in the country. The Government will say they speak for public opinion—I challenge that. I believe that the whole country is united by a belief that there is an issue around illegal immigration, but I am also convinced that people want it dealt with in a fair, equitable way that reflects the traditions of our country over the decades. This Bill does not do that.

Our country has always prided itself on its tolerance, its welcome to those fleeing war and persecution and its embrace of difference and varying cultures. I am proud of that, as your Lordships’ House will be, so why have the Government introduced a Bill that makes changes for asylum seekers and refugees, altering the current system for asylum claims and appeals and introducing measures on people-smuggling and modern slavery and a two-tier system for asylum seekers arriving in the UK, with differentiation based on method of arrival? It risks undermining that very tradition in which this country has always legislated on these issues. As my noble friends Lord Dubs and Lady Chakrabarti and the right reverend Prelate the Bishop of Durham said, refugees are people. Our values must be applied; our country will be judged on the way in which we treat refugees and asylum seekers.

In Committee, we can debate and discuss this Bill line by line, but Second Reading allows us to set out the context, principles and broad sweep of policy which should guide the general topics as we go forward. I remind the House, since a political point has been made once or twice, that the Government say this Bill is needed to fix the asylum system; they have been in control of that system for 12 years, so why have initial asylum decisions fallen by 40% over the last five years, under their watch, with 67,000 people waiting for an initial decision? That is what undermines trust—the failure to administer and manage these people and situations properly.

Many of these provisions—I turn to my former boss at the Home Office, my noble friend Lord Reid—were rejected as too draconian by the last Labour Government. I understand from what the noble Baroness, Lady Warsi, and others have said that we did not get everything right, but we rejected many of the proposals put forward in this Bill.

On illegal entry, the Bill proposes to change the immigration offence of how someone enters the UK and specifies the mode of entry as legal or illegal. The UNHCR states that, if implemented as it stands, this will cause great suffering and undermine the 1951 convention—an international protection system not just in the UK but globally. The Immigration Law Practitioners’ Association says that it is contrary to international law; Article 31 of the refugee convention provides that states

“shall not impose penalties, on account of their illegal entry or presence, on refugees … where their life or freedom was threatened”.

Do we care? Do we care that we are breaking these international conventions? This is what the UNHCR is saying. I just point this out to the noble Baroness the Minister. Is she right and the UNHCR is wrong? The UNHCR is saying that this Bill breaks international conventions; that this Bill is not consistent with the treaties that we have signed. Both of those statements cannot be right. As the noble Lords, Lord German, Lord Hannay and Lord Oates; the noble Baroness, Lady Prashar; my noble friends Lord Dubs, Lord Ponsonby, Lord Griffiths, Lord Reid, Lady Lister, Lady Chakrabarti and many others have stated across this Chamber, this country seeks to ensure that international treaties and obligations are met by others, and we should ensure that we meet them ourselves.

Group 1 and group 2 refugees will be created by the Bill, based on how they arrived into the UK and the point at which they presented themselves to the authorities. Those who have travelled via a third country, do not have documents or did not claim asylum immediately will be designated group 2 refugees—sub-standard refugees, not real refugees. The UNHCR again says:

“The design of this new Group 2 refugee status is incompatible with the 1951 convention.”


It does not say that it has a problem with it: it says it is incompatible with the convention. Do we care? Does that not matter? Are we bothered? Do the Government think that the UNHCR is wrong? What are they going to do about it? Why do they not just get up and say, “We are going to drive a coach and horses through this”—or are they going to say that they have got this wrong?

Why did we not negotiate new Dublin III arrangements when we left the EU? There are no return agreements with EU countries, and family reunion routes for refugees and asylum seekers in Europe, including children, have been cut. So how will the Bill work with no agreements between the UK and EU member states? How will the Bill help with no workable deal with the French Government, as others have mentioned, to tackle the operations of criminal gangs on the French coast? Is it not the case that there were just five asylum seekers returned to European countries in the last year while channel crossings have soared? What is going on? What are the Government doing about it now, let alone when this Bill passes through? Is it not the case that there are no new safe, legal routes for the family reunion proposed in the Bill, and that that is one of the measures that is desperately needed and that we should be seeking to address?

The rhetoric of the Government and of the Home Secretary has failed. It failed when she said that we would halve boats across the channel in three months and make them infrequent in six months. In that time, the figure has risen tenfold. As the noble Lords, Lord McColl, Lord Alton and Lord Morrow, the right reverend Prelate the Bishop of London, and my noble friend Lord Rosser in his brilliant speech all pointed out, the Modern Slavery Act is undermined by an immigration and asylum Bill. That is unbelievable. The Modern Slavery Act is one of the totemic achievements, if I may say so, of the Conservative Government before last—one of the totemic achievements of former Prime Minister Theresa May. On most issues I fundamentally disagree with her, but on this she deserves all the credit that should come her way for introducing that Act. She stood up in the Commons, as the noble Lord, Lord Alton, pointed out, and said that certain elements of this Bill would restrict victims’ ability to come forward. She said she was concerned that the public order disqualifications threshold and the time period on slavery and trafficking information notices would have that effect. Victims of modern slavery will be prevented from coming forward to help identify those who have perpetrated crimes. Those are not my words, or words from a Labour Government now or in the past, but the words of a former Prime Minister of this country saying what the current Conservative Government are going to do to the Modern Slavery Act that she, and all of us, were so proud of.

The Government say that they want to deter people from using the defence of being a victim of modern slavery against deportation. Where is the evidence for that? Where is the evidence for erecting barriers to accessing the national referral mechanism?

Of the 10,613 potential victims of modern slavery referred to the NRM last year, 47% were children and 34% were British. Where is the sense in what the Government are proposing there? No distinction is made in the Bill between adults and children, and the Bill as proposed would expect victims of slavery to disclose what has happened to them at the moment of identification or be penalised. What on earth? Does the Minister realise how ridiculous it is to expect somebody traumatised by modern slavery or trafficking to be able to present themselves within a short, specified time to the police or others with these identification notices, otherwise they will be deemed to have failed? It is unbelievable, unworkable and something that I and no doubt many others will want to come back to on Report.

I have a last couple of comments. The independent slavery commissioner, Sara Thornton, says the Bill

“will severely limit our ability to convicted perpetrators and dismantle organised crime groups.”

Others have mentioned offshore processing. Others have mentioned Clause 9. Others have mentioned issues to do with the RNLI and pushback. There will be amendments coming forward, if not from us then from others, which we will support. Will the Ministers say to me, to this House, to this Chamber and to this country that, if I were a navigator on a boat passing people at sea and in danger, it will be a criminal offence, as under the Bill as currently constituted it will be, for me to stop and help them? Is that really the legislation we are seeking to pass? I do not believe that even the Minister would do it, nor would the noble Lord—they are decent people and would want to help, but the legislation they are proposing to this House, this Chamber, this evening would penalise people and make it a criminal offence for them to do that. It is ridiculous and simply has to stop.

We could go on. There is much to debate and we will seek to amend the Bill as it goes forward, protecting the victims of modern slavery, including children, with safe routes for unaccompanied children, safe routes for family reunion of unaccompanied children and negotiations with the EU for a new asylum agreement, including safe legal routes and safe returns, maintaining our respect for international law and agreements. The Bill will not solve the problem of dangerous boat crossings and will not improve security co-operation or create safe legal routes. It will make it harder to prosecute and convict people traffickers and will grant the Home Secretary the power to decide asylum cases based on how someone arrives in this country. It will give the Home Office the power to deprive a person of their British citizenship without warning—third-class citizenship, as one noble Peer mentioned. The Bill has a lot wrong with it and certainly, as we go forward in Committee, we will seek to amend it, as we will on Report. This country has a proud tradition of supporting asylum seekers and refugees, and this Bill is not part of that.