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?