Nationality and Borders Bill

Lord German Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord German (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Reid, and to follow on the case for international co-operation. Like many in this Chamber, I find this Bill objectionable, degrading and inhumane. It fails to treat people with the dignity which they deserve. However, I recognise that I must put this to one side for a moment, because the Government have displayed a tin ear to all these arguments, so I will spend a little of my limited time examining some key areas where the Bill is unworkable.

My principal question to the Government is: do they genuinely believe that they will be able to sustain these proposals in the light of the inevitable challenges that they will receive in the courts and in international bodies? The excoriating report from the UNHCR and the legal opinion provided from London chambers, which lists the areas where this Bill breaches international laws and obligations, will surely provide an impetus for such challenges.

Stating baldly that other countries must take these migrants is bound to have a negative effect. It will change the perception of this country from one where we are a people who will stick to our word and keep our international bonds to a country that sets aside its international obligations. It will certainly not resonate with those countries, particularly countries such as Greece and Italy, which have taken a much larger share of asylum seekers, especially judged against the comparatively small number arriving on our shores.

A fundamental flaw in this Bill is the belief that the UK can make laws for itself with an expectation that other countries in the world which are supporters of the refugee convention will follow the UK’s direction.

“People should claim asylum in the first safe country they arrive in”


is the quote that I am talking to. The 95-page opinion on breaches in the Bill to international laws and obligations states:

“Requiring refugees to claim asylum in the first safe country they reach would undermine the global, humanitarian, and cooperative principles”


on which refugee protection is founded. This is what we should be trying to do and these principles were affirmed by the United Nations General Assembly and by the United Kingdom in the Global Compact on Refugees in 2018, just a short time ago. Despite a global search, it appears that no one is prepared to take on the Government’s offshoring proposal either. It was interesting to see the backward steps that the Government of Albania took when their name was broadcast all over the newspapers as being a likely candidate. We must also remind ourselves that the Australian points-based system resulted in even more applications from the most vulnerable: that is, from women and children.

This Bill creates two classes of refugees, which the UNHCR believes has no basis in international law and is outwith the refugee convention. It says that the convention has nothing within it which defines a refugee by reason of their route of travel or choice of country for asylum, or the timing of any claim. Furthermore, it claims that the Bill undermines the obligations under international law which the UK has made under Articles 23, 32 and 34 of the refugee convention—and to that we must add a large number of other clauses, including Clause 31.

Essentially, this Bill seems to say that if we treat people badly enough, this will deter others from wanting to come here, while the failure to provide safe routes adds to the conclusion that these proposals are unworkable. For example, what would happen to someone who has been imprisoned in Belarus, someone who has spoken up for democracy and gets imprisoned for 12 months or more—we know that there are very long sentences—and who then, after the sentence is complete, escapes from the country and seeks asylum here, breaching one of the Government’s rules about people who have been in prison? The human cost to these individuals is clear but, more importantly, it is the deliberate intention of this Government to treat people this way—so on what basis do the Government believe that they can win a legal challenge to these proposals?

Nationality and Borders Bill

Lord German Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 10th February 2022 Lords Chamber

As Callaghan put it, working conditions should not have to deteriorate to the point of slavery before workers can access redress and justice. I see that the right reverend Prelate has had to leave. She would have said that, by the standards of this Bill, this is a very modest amendment, merely restoring a model that worked well in the past. I beg to move.

[Lord German (LD)]

My Lords, Amendment 181 seeks an exemption from the immigration health surcharge for international volunteers who come to the UK to work with vulnerable adults and children. International volunteers make a significant contribution to the work of UK charities across the whole of our country, particularly in the health, social care and education sectors.

The decision of international volunteers to travel hundreds and thousands of miles to help vulnerable people in the UK is a huge decision and commitment. Though they might get a subsistence allowance and board and lodge, they receive no salary. Additionally, the volunteers have to pay for their visa, insurance and flights. The additional impact of the immigration health surcharge simply adds to the financial burden on these volunteers and the charities they support, with the net result that the UK will probably attract fewer international volunteers.

Beyond the role they play in our domestic work, helping our society, these volunteers often become friends for life, not just to the individuals they have helped but as friends of the United Kingdom, in much the same way as international alumni of UK universities become friendship ambassadors of this country. They have formed bonds of friendship that can pay big dividends for us as time passes.

This amendment has the support of 55 charities and voluntary sector bodies across Scotland, Northern Ireland, Wales and England. These organisations are feeling the impact of this surcharge and are seeking an exemption for their international volunteers. One of these organisations is Camphill Scotland, which supports more than 600 people with learning difficulties and other support needs. It works in the social care sector and has the support of more than 300 international volunteers. Without them, the charity would have to curtail its work. The Welsh Centre for International Affairs supports international volunteers, many of whom work with young people in disadvantaged areas in the south Wales valleys.

By way of comparison, if the work of international volunteers was undertaken by full-time paid staff, each post would cost the charities more than £17,000 per year. Volunteers cost charities about £600 plus subsistence, board and lodge. But the volunteers have to pay £625 for a visa, plus now another £230 for the immigration health surcharge, plus their air fares, plus their insurance. As an example, this is what international volunteer Constantin Jacobs says of the problem:

“There will be so many people that cannot afford to volunteer abroad any more, it might not sound like a huge difference for everyone but for young people who have just finished their school or their studies, and who do not have a lot of money, this difference can mean the decision to go or not to go to the UK to spend their voluntary year there. The UK would be much less attractive as a host country. I am sure that there would be many people who would actually love to go to the UK, deciding in the end to go to another country because of this change. This would be very bad for the volunteers and even worse for the organisations in health and social care systems that rely on volunteers from abroad!”


International volunteers are unpaid—not because they are worthless but because they are priceless. If they are priceless, I hope the Government will consider removing this charge from this one special group of people to allow us to continue the work being done and to create such good will around the world.

[Lord Wallace of Saltaire (LD)]

My Lords, I will speak to Amendment 183, which I hope the Government may be willing to accept before Report.

Investor visas were introduced in 1994. They became tier 1 investor visas in 2008. Conditions were tightened under the coalition Government in 2011 and further in 2014. Successive Governments, from different parties, have allowed them to continue. Theresa May announced a review of the scheme in 2018, after the Salisbury poisonings raised concerns about the numbers of wealthy Russians resident in the UK, but so far that review has not been published.

The majority of investor visas have been given to wealthy people from Russia, China and central Asia—all countries with high levels of corruption and extreme inequality. Given the FCDO’s recognition that the greatest state threats to the UK come from Russia and China, this does not fit easily with the Prime Minister’s aspirations for “global Britain”. It has been reported that more than 6,000 golden visas—half of those ever issued—are now being reviewed for possible national security risks. Many of those who received them will by now have acquired full UK citizenship.

Two Court of Appeal judgments in the past year have thrown up new questions about the regulation of this scheme and the sources of the finance pledged by applicants. Paragraphs 49 to 52 of the Intelligence and Security Committee’s Russia report, now published over three years ago and to which the Government have been extremely slow to respond, let alone to implement its recommendations, say that

“the UK has been viewed as a particularly favourable destination for Russian oligarchs and their money. It is widely recognised that the key to London’s appeal was the … UK’s investor visa scheme … The UK welcomed Russian money, and few questions—if any—were asked about the provenance of this considerable wealth … What is now clear is that it … offered ideal mechanisms by which illicit finance could be recycled through what has been referred to as the London ‘laundromat’. The money was also invested in extending patronage and building influence across a wide sphere of the British establishment … there are a lot of Russians with very close links to Putin who are well integrated into the UK business and social scene … This level of integration … means that any measures now being taken by the Government are not preventative but rather constitute damage limitation … It is not just the oligarchs either: the arrival of Russian money resulted in a growth industry of enablers—individuals and organisations who manage and lobby for the Russian elite in the UK. Lawyers, accountants, estate agents and PR professionals … To a certain extent, this cannot be untangled and the priority now must be to mitigate the risk”.

After warning about the extent of illicit Russian financial activity in the UK, including extensive donations to political parties, the report states in paragraph 56:

“One key measure would be an overhaul of the Tier 1 (Investor) visa programme—there needs to be a more robust approach to the approval process for these visas.”


So far, the Government’s published response to the ISC report makes no reference to this recommendation. If this has been true for Russians, it has also been true for Kazakhs, Azeris, Malaysians and Chinese. The Government recently made a great fuss about a British citizen with close links to the Chinese state and the funds she had donated to a Labour MP. It is surprising that they have so far made much less fuss about our resident Russian-linked community.