Illegal Migration Bill

Lord Hannay of Chiswick Excerpts

Report stage
Wednesday 28th June 2023 Lords Chamber

[The Lord Bishop of Chelmsford]

My Lords, I support both amendments in this group, but I am particularly pleased to be able to speak in support of Amendment 14, to which my right reverend friend the Bishop of Durham is a co-signatory, although he is unable to be present today.

The Bill will prevent potentially thousands of children ever claiming refugee protection in the UK, however serious their protection needs may be and, disturbingly, regardless of the fact that they may not have had any say in the decision to travel here irregularly. Let us be absolutely clear: this means that vulnerable unaccompanied children who have fled unimaginable horrors will arrive to find that they will be detained and then potentially accommodated by the Home Office outside the established care system. All of this is not in order for their asylum cases to be heard and assessed but simply to deter others.

Given that no return agreements are yet in place, and that the Government have not provided any new information about how returns will exponentially increase, the overwhelming majority of individuals will be left to languish in perpetual legal limbo, as we have heard, and financial precarity. I argue that this is unacceptable for any asylum seeker, but for an unaccompanied child it is simply unforgivable.

Last year, close to nine out of 10 separated children were granted refugee status. Some 99% of unaccompanied children arriving from Afghanistan and Eritrea were granted status. It is these children—those with a genuine need for protection—who will be left outside the asylum system unless the Government change course.

Children’s development is intrinsically linked to secure attachment and safety, but the state is choosing to prescribe for them an uncertain and harmful future. This is counter to the Home Secretary’s duty to safeguard and promote the welfare of all children and to prevent punishment of a child on the basis of status or the activities of their parents, as obligated by both domestic and international law.

The amendment would grant re-entry to the asylum system for those separated children the Secretary of State is unable to remove. It is a pragmatic measure that would go some way towards protecting children from these adverse impacts, which are neither tolerable nor justifiable. I urge the Minister to relent on these amendments.

[Lord Hannay of Chiswick (CB)]

My Lords, I support the amendment in the name of the noble Lord, Lord Dubs. He quoted a letter that the Minister very kindly sent to me two days ago about the reaction of the Committee on the Rights of the Child of the United Nations. That communication demonstrated that the committee found that if we did not amend the Bill—and the amendment we are looking at now is obviously required—we would be in breach of the Convention on the Rights of the Child. That convention was signed by the late Baroness Thatcher. I do not believe we should be in the business of ignoring the view that we will breach that international obligation we undertook in 1990.

[Lord Paddick (LD)]

My Lords, for the avoidance of doubt, my noble friend Lord Scriven has signed the amendment in the name of the noble Lord, Lord Dubs. All of us on these Benches wholeheartedly support that amendment, in addition to Amendment 15 in the name of my noble friend Lord German.