Nationality and Borders Bill

Debate between Lord Dubs and Lord Bishop of Durham

Consideration of Commons amendments
Monday 4th April 2022 Lords Chamber

[The Lord Bishop of Durham]

My Lords, in rising to speak in support of Motions G1 and J1, I declare my interests in relation to both RAMP and Reset, as set out in the register. I continue to be of the view that Clause 11 is the most inhumane part of the Bill. I therefore continue to support both Motions C1 and D1; I also support Motions E1 and F1.

The noble Lord, Lord Kirkhope, would have liked to move Motion G1 but is unable to be in the Chamber today, so we have worked together on this. When people arrive on our shores seeking protection, we have a responsibility to treat them as we would wish to be treated if indeed we had to flee for our lives. It is right that we have a process to determine who meets the criteria for refugee status but, while we determine this, we are responsible for people’s safety, welfare and care. If we move them to other countries for the processing of their asylum claims, I very much fear that a blind eye will be turned to their treatment; the Nauru experience in Australia sadly points that way.

The inhumanity of this part of the Bill is my primary concern. There are, however, significant practical and financial concerns related to the passing of Clause 28 given that we do not have details of how or where this offshoring would operate. Although this was acknowledged by many MPs supporting the legislation in the other place, they were of the opinion that the Home Secretary should have these powers available to her if needed. On that basis, Motion G1 would allow the Home Secretary these powers while introducing much-needed transparency and a check on the introduction of an offshore processing and detention system. This would allow proper consideration by both Houses of the appropriateness and safety of the host country proposed, and whether it meets the Home Secretary’s assurance of being a safe third country for the asylum seekers transferred there, including whether it can provide safe, humane and appropriate accommodation and processing of asylum claims.

Offshore processing and detention of asylum seekers is likely to be many times more expensive per person than alternatives that would see asylum seekers processed in our communities in the UK. This amendment would ensure that parliamentarians can ensure that the offshore system proposed provides value for money for the British taxpayer, that spending on the system is proportionate to the issue addressed, and that the same goals cannot be better served by an alternative approach on our own shores.

The Home Secretary is committed to the option of transferring asylum seekers offshore and at this time she has the support of the majority of her party. She should therefore be confident that an additional check and degree of transparency will not obstruct that policy but reassure her party and the public that offshore processing and detention of asylum seekers is the best approach. The noble Lord, Lord Kirkhope, and I are grateful to the Minister for the conversations and contact we have had regarding this over the past few days. We remain willing to engage in further dialogue to help Her Majesty’s Government reach a positive conclusion to our proposals. I hope that the Minister may still change her mind. I have one other question: will the Minister confirm that discussions are already at an advanced stage with at least one nation?

I turn now to Motion J1, in relation to Lords Amendment 11. Again, I have tabled this Motion is association with the noble Lord, Lord Kirkhope. The fundamental premise of the Bill is that people seeking safety in the UK should arrive by safe and legal routes, rather than by making irregular journeys. My concern in tabling this amendment is that there are not sufficient safe routes from the countries where the majority of asylum seekers arriving in the UK originate. For these countries, the UK resettlement scheme offers a safe route, but the numbers currently remain small. The Syrian resettlement scheme offered an orderly pathway to protection and integration for the most vulnerable refugees. I was therefore encouraged when Ministers set out in their Explanatory Notes to the Bill that the Government intend to enhance resettlement routes to continue to provide pathways for refugees to be granted protection in the UK. The reality, however, is that we are still awaiting further policy proposals around better and fuller safe routes.

During Commons consideration of the amendments, Ministers asserted that the number of refugees resettled each year must be based on our capacity and assessment of the international situation. What we know from the Syrian resettlement scheme is that political commitment and leadership generated political buy-in at a local level and enabled a well-functioning and correctly costed system which was successfully delivered. However, since that target number was reached, resettlement numbers have dropped significantly—partly, we accept, because of Covid. Without political commitment, we see that resettlement drops as a priority. The result is that, for the three top countries of origin for those arriving on small boats across the channel, there is currently no effective safe route. For example, in 2021, only four people were resettled from Iran and 112 from Iraq.

I acknowledge that we have opened our doors to an uncapped number of Ukrainian refugees. This is very welcome, but it has highlighted the need for robust mechanisms to be in place. Are the Government now saying that their assessment of the wider international situation is that resettling refugees in low numbers from some of the most dangerous conflict zones reflects the UK’s ambition to take its fair share? Amendment 11B seeks to address the objections of the Minister and seeks compromise on expanding safe routes by simply calling on the Government to publish a flexible target for resettlement each year. It specifies that the Government must properly support local authorities to deliver the benchmark. The Minister for Justice and Tackling Illegal Migration in the other place stated that

“what is really needed to deliver refugee resettlement is not a number but an approach—an approach that is compassionate and flexible.”—[Official Report, Commons, 22/3/22; col. 188.]

This amendment, with its revised wording, does precisely that. It represents, though, an advance on the current status quo.

I take the Government at their word. The proposal in this amendment aligns, almost identically, with what the Home Office claims it wants to achieve in unlocking new safe routes. I hope that the Minister will consider what we are proposing very carefully and recognise that this reform aims to address a significant gap in our responsibility to those seeking refuge globally. Again, the noble Lord, Lord Kirkhope, and I are grateful for the contact and engagement that we have had, and we remain willing to engage further.

To finish, I express my support, as I did at Committee and Report, in relation to Motions H1 and K1. In relation to Motions G1 and J1 in my name, I live in hope that, even at this stage, the Minister might accept them both. If she does not, I will be minded to test the opinion of the House.

[Lord Dubs (Lab)]

My Lords, it is a privilege to follow the right reverend Prelate. I have one question about offshore processing. Can she comment on the suggestion that the country designated for offshore processing is Rwanda? The Minister looks surprised; I wonder if she would care to comment on whether that is under discussion.

I am in agreement with all these amendments, but I will talk particularly about Motion H1. The Commons reason for rejecting Lords Amendment 10 is:

“Because it would alter the financial arrangements made by the Commons, and the Commons do not offer any further reason, trusting that this Reason may be deemed sufficient.”


No, it is not sufficient. This argument about financial privilege has been used before. I remind the Minister that, in 2016, I moved an amendment that was passed by this House; when it got to the Commons, the Commons again used the argument of financial privilege. Although I had been in the Commons for years, I actually did not know what financial privilege was. It is always a pleasure when I talk to a university student of politics to challenge them on whether they know what financial privilege is—I am pleased to say that none of them ever does, until I explain it to them.

The point is that what this reason says, in effect, is that the Government choose whether to use financial privilege to oppose a particular noble Lord’s amendment —or whether they choose not to; quite often, they waive that argument. As far as I can see, they use it only when they cannot be bothered to put forward a sufficient reason. If the argument about financial privilege is to be used against Lords amendments, we become unicameral, because so many of our amendments involve financial expenditure. It seems to me that this is not a sensible or tenable position. I agree that the Minister gave some reasons and does not hide behind this financial privilege point, but there is an argument about our procedures if the Commons is going to do what it has done in this case.

I will go back just a little bit: in 2017, we passed an amendment about family reunion, which is of course the subject of Motion H1. There, we were concerned that the Dublin treaty, particularly Dublin III, worked quite well to achieve family reunion, so that children in an EU country could join relatives in another EU country. This relates to those who are claiming asylum. That worked quite well and, in order to safeguard the matter, this House passed an amendment, which I moved, that the Government should negotiate to continue the provisions of the Dublin treaty even after we left the EU. It was passed by this House and accepted by the Commons. But then came the 2019 legislation and the Government withdrew the provision. I had various meetings and, on one occasion—I have mentioned this before, but I will mention it again—I was invited to a meeting with three government Ministers and seven officials in order to persuade me that everything was all right and we did not need this particular amendment. They were trying to explain to me why they were withdrawing it.

I was given assurances that, notwithstanding that, there would be plenty of opportunities for children to achieve family reunion with relatives in this country. This was not borne out by the facts. When we got the figures last year, no child from France was able to come under that provision and there were only two or three from Greece. This was a massive drop in what the figures had been when the Dublin III provisions were in effect. Although I was given assurances that everything would be all right and I need not worry, in fact those assurances do not apply. While, in theory, there are a number of ways in which children can be reunited with their families here, it hardly works in practice. The evidence is those figures, which are so low. It does not work—we have gone backwards in that respect. Their assurances did not work.

I have quoted something like it before, but I will quote again what the Home Office said in rejecting an application. The Home Office has argued that a child being alone in France or Greece is not “serious and compelling” enough to warrant a visa. When referring to one case, the Home Office said:

“You currently live in a shelter for unaccompanied Minors … I note you have provided no evidence why this arrangement cannot continue or any serious and compelling considerations in your case.”


If those are not sufficiently compelling reasons, I do not know what can be. If that is the way in which the Home Office turn down applications, I am afraid that I do not have confidence that the existing position is satisfactory. This is why I put forward this Motion and why I urge the House to support it. I also believe that this would lessen the dangerous journeys that young people make to join their families—it might eliminate them altogether, but it would certainly lessen them. If we believe that traffickers should not have opportunities, surely the right thing to do is to provide a safe and legal route. I cannot think of a matter more compelling than for a child to be allowed to join their relatives. Family reunion is surely fundamental to what a civilised society should support. This is why I hope that, when we get to it, this House will support Motion H1.

Nationality and Borders Bill

Debate between Lord Dubs and Lord Bishop of Durham

Lords Hansard - Part 1 & Report stage
Monday 28th February 2022 Lords Chamber

[The Lord Bishop of Durham]

My Lords, if the names had not been filled on Amendment 28 then I would have added my name to it. I remind the House of my interests as set out in the register, both in RAMP and Reset.

In Committee I laid out the understanding of the two groupings proposed and argued that almost no one will actually qualify as being in group 1. I had no repudiation offered to that argument. As the noble Lord, Lord Kerr, said, Ukraine is currently illustrating the problem precisely. I was also concerned in the response to the debate in Committee by some of the language of discretion within the two groupings.

We need a simpler, more efficient asylum system, and I continue to be convinced that what is proposed will provide a more complex, slower process. Fundamentally, I am with all those who oppose the two-group system, as it creates a fundamental injustice for fair treatment of all refugees, regardless of how they arrive.

Today, a letter signed by over 1,000 leaders from all the major faith communities of this country was delivered to the Prime Minister. I quote from that letter:

“Dear Prime Minister, As leaders within faith communities across the UK, we are horrified and appalled about the potential repercussions of the Nationality and Borders Bill. We urge you to reconsider the proposals even at this late stage.”


It goes on later to say:

“Currently, Clause 11 sets out the differential treatment of refugees. This separation of refugees into ‘Group 1’ or ‘Group 2’ undermines the longstanding and widely understood expectation that a person’s asylum application is decided on the individual merits of their case and whether they would face serious threats to their life or freedom if they were not to be granted refugee status. The artificial manufacture of a two-tier system creates two different classes of refugees. This would not be based on needs or merits but would depend on the ability of a person to arrive in the UK via a ‘regular’ route of travel. This is a clear breach of the principles of the Refugee Convention, and we have seen no credible evidence that it will stop irregular migration across the English Channel; it is therefore, policy made without a basis in evidence or morality. Criminalizing and punishing vulnerable asylum seekers who have little choice but to arrive in the UK through ‘irregular routes’, when the majority are subsequently able to prove that they have a legitimate basis for their asylum claim, is a disgraceful and dishonourable policy, and should be abandoned.”


The letter says some more about other clauses, but concludes:

“What we need now, is political leadership which acknowledges and allays the concerns of the public while promoting the importance of compassion, human life and dignity. We remain willing to assist in any way we can to this end, and ask that key representatives on this issue from the government would agree to meet with faith representatives to explore what both we, and the government, can do to help address some of the concerns we have raised.”


Just to be clear, Members on these benches who are engaging in the debates during the progress of the Bill made a conscious decision not to sign that letter because of our privilege of being able to speak here. If we were not here, we would have all signed it. It has over 1000 signatures of those from all major faiths. I doubt the Minister is going to agree to withdraw all of Clause 11, but I sincerely hope that she will ask the Prime Minister to respond positively to the letter and recognise that faith leaders representing faith communities across the land should be heeded and not ignored.

If I may add that, on the Australia example, it is not as simple as the noble Lord, Lord Horam, has suggested. There are many in Australia who will tell you that the system is not working and has not stopped the problems; indeed, I think Novak Djokovic might tell you of his own personal experience of how it is not working because of the people he met in the hotel that he was held in, some of whom have been held for a very long time. There is another simple reason it does not work: geography. The United Kingdom is in a very different geographic setting from Australia. I long that we remove Clause 11.

[Lord Dubs (Lab)]

My Lords, I very much agree with the right reverend Prelate, and I am totally in support of the noble Lord, Lord Kerr, and his amendment.

I agree with the right reverend Prelate: all the evidence we have from Australia is that it is not working. I have talked to people in Australia who say that we should not go down this path because it is not sensible and it does not work.

I shall be extremely brief. The idea that, at this stage, we start renegotiating the 1951 Geneva convention—presumably on the basis of clauses such as Clause 11—is a frightening prospect. This is no time to be tearing up one of the most fundamental human rights documents that we have, which protects vulnerable, innocent victims of war and persecution. This is no time to be saying that we will change that. If the Government are not proposing to do it that way, why have this clause?

It seems to me that there are too many examples—whether it is Afghans who have got to neighbouring countries but cannot get any further, or Ukrainians who have got to neighbouring countries—that give the lie to the idea that, somehow, you can get here by the sort of route that the Home Office approves of. It is complete nonsense. It is not workable and it diminishes this country in the eyes of the world.

Nationality and Borders Bill

Debate between Lord Dubs and Lord Bishop of Durham

Committee stage
Tuesday 8th February 2022 Lords Chamber

[The Lord Bishop of Durham]

My Lords, I specifically support Amendment 117, to which I have added my name, but I support all these amendments around family reunion. I declare my interests in the register around RAMP and Reset as before.

Acknowledging that when people are forcibly displaced they end up in different places, often having lost family members, UNHCR research has shown that families often set out together but become separated along the way. Reconnecting those families, or, where some family members are lost, reconnecting people with other relatives, really matters. In seeking protection, those seeking asylum want to do so alongside the family that they have. This is better for individuals—their well-being and their future prospects—and for the community as a whole. It is therefore also better for social integration.

In my conversations with refugees and people seeking asylum, the whereabouts and safety of family is generally the number one preoccupation that they raise. This concern overrides everything. When we speak about family, it is not purely spouses and children but aunts, uncles, cousins, nephews and nieces. Organisations working with refugees, such as Safe Passage, know from their work that, when people have no safe route to reach their families, they are more likely to risk their lives on dangerous journeys to reach loved ones. Many of these individuals are children and young people seeking to reunite, often with their closest surviving relatives.

No doubt the Minister will give us the numbers again of how many families have been reunited under it, but existing refugee family reunion is narrow in scope. The threshold to be met under paragraphs 297 and 319X of the Immigration Rules for an adult non-parent to reunite with a child is “serious and compelling circumstances”, which is extremely difficult to meet in practice.

I appreciate that we cannot offer protection to all extended family members, but we can do this for some out of kindness, and it would divert them from using criminal gangs. Once they arrived in the UK, they would enter the asylum system to have their claim for protection decided.

Of course, we would prefer people not to have to make the dangerous journeys as far as Europe, and I expect that the Minister will cite pull factors to Europe as a rebuttal. With an ambitious resettlement scheme—which we will come back to—a broader definition for family reunion, as well as an increasing commitment to aid and constructive engagement with our near neighbours, I believe that any such pull factor to one safe route will be mitigated. The alternative is that people come anyway but in an unplanned way, risking their lives and causing further trauma.

I urge the Minister to at last give way on one item: consider this proposal as a pragmatic response to the need to find durable solutions for desperate people dying on our borders in order to reach their family.

[Lord Dubs (Lab)]

My Lords, I support all these amendments. I have signed three of them, and the only reason I did not sign the fourth was because my name did not get there in time; there were already four names on it.

Let me talk most particularly for the moment in favour of Amendment 117. In one sense, we are going back to the Dublin treaty, Dublin III and the discussions we have had in the past. At the risk of taking up an extra minute, I will go in for a little moment of history. We had an amendment—which passed in this House and the Commons—to the 2017 Act which said that the Government should negotiate to continue the Dublin III arrangements even after we left the EU. That passed in the 2017 Act.

We thought we were there—but along came the 2019 Act, and it was taken out again. We could not understand why. It was fairly innocuous in one sense, but it was pretty important in another. I was summoned to a room, I think here, and there were three Ministers: the noble Baroness; Brandon Lewis, who was the Immigration Minister; and one of the Ministers from the Commons. There were seven other officials there, one from the Cabinet Office, and just me arguing with them—I thought the odds were pretty fair. Anyway, I was assured that we would lose nothing by abolishing that provision in the 2019 Act. It was never explained to me why the Government wanted to abolish it. If it was going to make no difference, why abolish it? If it was going to make a difference, why take a step backwards?

By all standards, the Dublin III provisions for family reunion were working—not brilliantly, not fast enough and not for enough children, but they were working. I was assured that everything would be all right, but I am afraid that the evidence is not there. We cannot say often enough that where there are safe routes, the traffickers do not get any business. If we close the safe routes, the traffickers get business. It is logical, even for the Tory party. It is market economics, is it not? I do not understand how that can be contradicted.

I am worried about quite a number of the Government’s provisions. The Minister wrote a letter, which I have here; it is slightly depressing, but very helpful. However, I am worried that, on the whole, children in particular who got to Europe fleeing for safety are going to be ignored. I have not been there recently because of the pandemic, but the last time I visited what remains of Calais, people were sleeping under tarpaulins in terrible conditions. It was very depressing, and there were very depressing scenes on the Greek islands. I went to Lesbos, to Moria camp, just before the big fire there. Again, I am out of date now, but I understand that it has not got better. There are young people there who are desperate to join family members in this country. There are not many of them altogether, but there are enough for it to be an important point of principle. Surely, our test of humanity must be whether we support family reunion and whether refugee children can join their families here.

Safe Passage—a small but brilliant NGO with which I am happy to work and be closely associated—suggests that the majority of the children who qualified under Dublin III in the past would not qualify now. For all the optimistic noises coming from the Home Office, the fact is that the situation has got much more difficult in terms of getting children here.