UK Asylum and Refugee Policy

Lord Hannay of Chiswick Excerpts

Friday 9th December 2022 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, the choice of topic by the most reverend Primate for his annual debate, Britain’s asylum and refugee policies, is a timely and necessary one. I thank him and his colleagues on the Bishops’ Benches more widely for their contributions to the national debate on these issues, and for injecting a tone of humanity and respect for Britain’s international obligations into a discussion that frequently lacks either of those qualities.

Why is it necessary to debate? Because, however discordant the views expressed on this subject—and they are—everyone seems to be in agreement on one thing: our present policies for dealing with asylum seekers and refugees are defective and not working. We really need an overall rethink of our policies, not just a desperate attempt to patch them up or to remedy one or other defect highlighted by the Daily Mail in screeching headlines. Any rethought policy needs to be consistent and coherent if we are not simply to emulate the little Dutch boy plugging holes in the dyke with his fingers.

In that category of desperate remedies, the Government’s aim of flying asylum seekers off to Rwanda or any other developing country ready to have its palm crossed with silver ranks high indeed. The legality of the policy is before the courts, so I will not comment on that aspect. It does not seem to be acting as a deterrent to asylum seekers, as its protagonists claimed it would, and the accounting officer at the Home Office cannot certify value for money—so the sooner it is dropped, the better.

In the same category comes our adamant refusal to allow asylum seekers, even those waiting for several years to have their claims dealt with, to take legal employment. Other European countries permit asylum seekers to work after six months. Why can we not do so. and thus both reduce the mental and physical stress put on the refugees and their families and save ourselves some taxpayers’ money?

So much for the negatives of our present policies. Here are some positive suggestions. First, we surely must cut the ever-lengthening delays in processing asylum claims. The Government seem to realise this, but are they taking effective action to speed up the process? Secondly, we really need to thrash out with our continental European partners, not just the French, a whole range of policies designed to put the human traffickers out of business and behind bars, where they deserve to be. That means more co-operation with Europol and Eurojust and a better, more trusting overall relationship with the EU and its member states. Just telling them to get a grip will not achieve that. Thirdly, we need to give serious consideration to opening up ways in which claims for asylum can be submitted outside our borders and then processed expeditiously. That could be one of the ways of reducing the temptation to take the perilous route by dinghy across the channel.

All those measures are fully consistent with our international obligations; some of the Government’s policies are not. Brushing off the views to that effect of the UN High Commissioner for Refugees, whose job it is to oversee implementation of the refugee convention, and saying that we think otherwise is simply Alice’s Red Queen’s response of “It’s so, because I say it’s so”. It is not consistent with asserting that we are strong supporters of the rules-based international order—an assertion that Ministers stand at the Dispatch Box and repeat several times every week.

I sometimes wonder whether those who champion more restrictive and inhumane policies have any understanding of our country’s record down the centuries in welcoming Huguenot refugees from France, Jewish refugees from Russia, eastern Europe and Nazi Germany, and Asian refugees from east Africa. Did we benefit from that, or were we harmed by it? The answer is evident. Just look around this Chamber, the Chamber of the other place or the Cabinet table and you will see the answer. It is surely time to apply the same values we did earlier in our history when it comes to treating today’s asylum seekers.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I would be terribly sorry if my noble friend Lord Cormack were to miss his train.

I turn to the questions in relation to climate change. We will not remove anyone to any other country where they would face persecution or serious harm as a result of their country ceasing to exist, as was premised in one noble Lord’s speech.

It is always right in this context to remember that, as pointed out by my noble friend Lord Lilley, arrivals by small boats put significant pressure on local authorities. The Home Office acknowledges the strain that dispersing asylum seekers is putting on many authorities, and it is for this reason that it is working collaboratively with local authorities and commercial partners to agree regional and national plans on implementation for full asylum dispersal. This process will enable us to continue to meet our obligations to accommodate destitute asylum seekers while not overcrowding local areas.

[Lord Hannay of Chiswick (CB)]

My Lords—

[Lord Murray of Blidworth (Con)]

Forgive me, I am afraid I really must make progress. I am sorry to decline the noble Lord’s intervention.

[Lord Murray of Blidworth (Con)]

I am afraid that time does not permit me to address all the issues raised by noble Lords. However, I fully understand that this is and will remain an emotive issue for many. Although our compassion may be limitless, our capacity, resources and infrastructure to help people are finite.

[Lord Hannay of Chiswick (CB)]

I wish to make a point.

[Lord Murray of Blidworth (Con)]

I am afraid not.

This country has shown time and again—from those who arrived on the Kindertransport, which the noble Lord, Lord Dubs, raised, and the Ugandan Asians expelled by Idi Amin, to those fleeing the present dreadful conflict in Ukraine—that when people are suffering and they need sanctuary, we step up. We extend the hand of friendship and provide a welcome born of our natural compassion. As the Government have demonstrated, we are committed to maintaining that long and proud tradition through safe and legal routes, and we will continue to do what is right and help those who are in most need.

As my noble friend Lord Cormack referenced in this debate, I completely agree that refugees enrich both our history and our present. At the same time, the public expect us to control migration, uphold our immigration laws and discourage those who would risk their lives by making unsafe and unnecessary journeys to the UK across the channel. As I hope I have made clear today, the Government approach these responsibilities with the greatest seriousness, and that will continue to be the case.

Migration and Economic Development Partnership with Rwanda

Lord Hannay of Chiswick Excerpts

Wednesday 15th June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

My Lords, my honourable friend Tom Pursglove made clear in the other place that no unaccompanied asylum-seeking child will be sent to Rwanda, and I am sure I repeated it in this House.

[Lord Hannay of Chiswick (CB)]

My Lords, is the Minister familiar with the statement by the United Nations High Commissioner for Refugees, Filippo Grandi—he is, after all, the guardian of the migration convention—that the action by the Government was not in conformity with international law? If that is the case, what right do the Government have to elevate their view of international law above that of the UN High Commissioner for Refugees, whose job is to guard that convention?

[Baroness Williams of Trafford (Con)]

My Lords, we had much discussion about the UNHCR’s view of the Nationality and Borders Act. We disagreed. He is perfectly within his rights to say what he did, but we respectfully disagree.

UK-Rwanda Asylum Partnership Arrangement

Lord Hannay of Chiswick Excerpts

Monday 25th April 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I think I have explained the provisions in the Bill. They are underpinned by legislation going back over 20 years but, as I explained to the House during the passage of the Bill, it is the certification process that is now in play in the Bill.

[Lord Hannay of Chiswick (CB)]

If, as they say, the Government see the need for new and innovative means of dealing with the migration crisis now, did they have any contact with any of the other signatories to the refugee convention about these new and innovative methods before taking action on their own?

[Baroness Williams of Trafford (Con)]

My Lords, I think it is quite clear why we are taking action now.

Ukraine: Refugees

Lord Hannay of Chiswick Excerpts

Wednesday 6th April 2022 Grand Committee

[Lord Hannay of Chiswick (CB)]

My Lords, I have in general given strong support to the Government’s response to Russia’s unprovoked war of aggression against its neighbour, Ukraine, but when it comes to our handling of the massive outflow of refugees, often fleeing for their lives, which I would characterise so far as being somewhere between inadequate and abject, I can only express my great gratitude to the noble Baroness, Lady Helic, for securing this debate and say how moved I was by the personal experience that she brought to her introduction to the debate—she put forward several points that I will endorse strongly in my remarks. I hope that this debate may perhaps mark a turning point in what has so far been a sorry story, which I hope will improve.

In being so critical, I do not wish to load blame on the noble Lord, Lord Harrington, whose maiden speech later this afternoon we await with interest. Since his belated ministerial appointment, he seems to have struck all the right notes but, alas, there is still a big gap between rhetoric and reality. Not so long ago we were being told by the Government about the benefits of taking back control of our borders from the EU. Well, our control over immigrants from Ukraine, still and always a third country for the EU, was as real when we were in the EU as it is now, but the EU has risen most creditably to the challenge posed by the exodus from Ukraine with its temporary waiver of visas and with wholehearted and massive relief schemes. What have we done? We have issued 50-page forms to be filled in and admitted a mere trickle of refugees. Is this bureaucratic cat’s cradle necessary? Is it even effective? After all, Ireland, as part of the EU, has waived any visa requirement on Ukrainians and since we are in a common travel area with Ireland this would seem to be a rather obvious loophole. Perhaps the Minister will comment on that.

Then there was the issue that has come up several times in Statements on this subject: security. For a considerable time, the Government led us to believe—perhaps they believed it themselves—that our visa requirements were protecting our national security against spies, infiltrators and so on. Then last week the Minister, in what I thought was an extremely frank and helpful clarification, said that it was nothing to do with that at all and that it was about protecting Ukrainian refugees from being preyed on by human traffickers.

That is a worthy objective, but I spoke to Professor Phillimore of the University of Birmingham earlier this week. She leads an important research project dealing with the problems associated with protecting migrants from being preyed on by people traffickers, and she told me categorically that the visa system provides no—I repeat: no—additional protection against those risks. What is needed, she said, is to cut the time the migrants wait in limbo, a point clearly made by the noble Baroness, Lady Helic, because they are extremely vulnerable then. Alas, we are keeping them in limbo for a lot longer than we should. Secondly, she said that we need to strengthen checks on people in this country who are offering them a destination, another point made by the noble Baroness, Lady Helic. Both those points are key and the visa system has nothing to do with them.

Clamping down on traffickers is an objective we share with members of the EU, which are admitting hundreds of thousands while we are admitting hundreds. The best defence against trafficking and modern slavery that we have in these circumstances is the closest possible co-operation with Europol and the law enforcement agencies of the EU member states. Can the Minister tell us whether that co-operation is a living daily reality, or just something we talk about?

It is a frequently repeated truth that the Ukraine crisis has fundamentally changed huge areas of policy across Europe. That is certainly true of the European Union: look at Germany’s commitments on defence spending and arms exports, at the EU’s overall response in cutting its dependence on energy supplies, and at the sanctions packages. But it seems a bit less true here, particularly when it comes to immigrants. The Home Office has yet to shed its “hostile environment” label. What will it take for it to do so?

Homes for Ukraine Scheme

Lord Hannay of Chiswick Excerpts

Thursday 31st March 2022 Lords Chamber

[Lord Harrington of Watford (Con)]

I hope that I can answer the noble Lord’s question straightaway. On who pays for them, people are responsible for their own flights, but the operators, Wizz Air and others, are giving either free or very cheap flights. People whom I spoke to last week had paid £10 each. Once they get here, they receive free road, rail or other transport to get to their destination. That was announced last week by the Transport Secretary.

[Lord Hannay of Chiswick (CB)]

Will the Minister accept thanks for having finally clarified that the issue of security is not about catching spies but about dealing with people traffickers? Are we liaising in the most intense way possible with Europol, which I presume is also following this same process to try to stop any refugees falling into the hands of traffickers?

[Lord Harrington of Watford (Con)]

I can confirm what the noble Lord has asked about liaising with all the foreign agencies. I am glad to have picked up on our main security concerns. I think “security” is the wrong word. Obviously, national security is very important, but it as much security for the people who could be trafficked as it is security in a more general sense.

Homes for Ukraine Scheme

Lord Hannay of Chiswick Excerpts

Monday 28th March 2022 Lords Chamber

[Lord Harrington of Watford (Con)]

I cannot comment to the noble Lord about the security services, except to say that I have not seen the advice that they have given to the Prime Minister. However, my instructions are to speed up this process as quickly as possible to move an uncapped number of people here in a humanitarian and decent way. It is my intention to deliver that promise.

[Lord Hannay of Chiswick (CB)]

My Lords, could the Minister be kind enough to tell us whether we or the Government have had any contact with all the other European countries that are admitting people without security checks, to discuss whether the security problems being caused by our policy are disproportionate, or whether the contrary is perhaps true?

[Lord Harrington of Watford (Con)]

I promise the noble Lord that I will engage in that process—in the two weeks that I have been in the job, I have not done so. It is something that we must do.

Beyond Brexit: Policing, Law Enforcement and Security (EUC Report)

Lord Hannay of Chiswick Excerpts

Friday 11th March 2022 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, the report we are debating, so well introduced by my noble friend Lord Ricketts—I was his predecessor but three as chair of that sub-committee—may be a bit dated, unfortunately like most of the reports we debate these days, but it brings home one very salient point: our country’s internal security is closely bound up with that of the rest of Europe, and the battle against serious international crime will be won only if we co-operate closely together. That has been the view of this House since the joint reports produced by the committees chaired by the noble Lord, Lord Bowness, and me in 2013-14. I hope that the Minister will confirm that this remains the Government’s view, now encapsulated in the welcome internal security provisions of the trade and co-operation agreement with the EU.

Of course, we have lost quite a bit of that co-operation along the way. Other noble Lords have referred to what we have lost: full membership of Europol and Eurojust; automatic access to the Schengen Information System; and, most damaging of all, participation in the European arrest warrant. There are quite a few disbenefits there for the new Minister for Brexit Opportunities to reflect on. The fact that several member states of the EU will not extradite to us indicted criminals who are wanted for committing crimes here and vice versa, which was provided for by the EAW system, is a real loss. Can the Minister say how many cases of a refusal to extradite have been experienced in the first year of the operation of the new arrangements and how well the replacement arrangements are working, in particular with Ireland? In that context, how will the Government handle the fact that Ireland is admitting Ukrainian refugees without a visa whereas we are insisting on them having a visa but we are both in a common travel area? How will that work?

There are also two important loose ends waiting to be tied up if the TCA package is to be complete. They are both currently covered by temporary interim arrangements, one of which cannot be prolonged beyond the middle of this year. The first, as several noble Lords have mentioned, are the Prüm provisions for exchanging vital crime-fighting DNA and number-plate information. The second is the passenger name recognition system for airline passengers, to which my noble friend Lord Evans referred; when I chaired the sub-committee, we played an active part in pressing the EU to bring these provisions into force. Can the Minister tell the House what the state of play is on tying up those two loose ends? Can she confirm that it is the Government’s firm determination to see the process successfully completed?

This leaves perhaps the trickiest aspect of all: how to ensure that effective co-operation continues as the EU’s law enforcement machinery and our own evolve. The JHA machinery is not static; nor are the activities of the international criminals whose aim is always to keep one or more steps ahead of the law and its enforcement. How is our co-operative machinery, with several moving parts, to be handled in future? Are the processes provided for under the TCA, with its cat’s cradle of joint committees, adequate and prepared to take the strain and ensure that we do not just drift apart through inadvertence? Improvised co-operation on the spur of the moment during some pressing crisis is surely not going to be the best way to achieve that. Can the Minister tell us how this aspect is being provided for and what the possible consequences would be if the UK’s overall data-processing arrangements caused us to be considered no longer adequate? The noble Lord, Lord Anderson, referred to that.

Finally, how do the Government intend to keep Parliament—in particular your Lordships’ European Affairs Committee, on which I have the honour to serve—informed and consulted about what is going on in this vital area?

Nationality and Borders Bill

Lord Hannay of Chiswick Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[The Earl of Clancarty (CB)]

My Lords, I have added my name to Amendment 79. I did not speak on this in Committee, but I did raise this concern in a question on 1 July last year. The Minister told me then that the Home Office had recently met with the3million—that was on 21 June—to discuss this in relation to European citizens. As the noble Lord, Lord Oates, has said, that was over eight months ago, so there has been a lot of dragging of feet.

The recent letter from the Home Office to the3million, with its rejection of the use of a QR code, is hugely disappointing. Perhaps even more disappointing is the fact that the response does not start from the premise that physical proof is a necessity—indeed, quite the opposite. It perversely insists on disputing what is a clear necessity for a significant number of citizens, as the3million would have explained carefully to the Home Office in that aforementioned meeting. In Committee too, the noble Lord, Lord Oates, gave many examples of where physical proof is necessary. We have just heard how noble Peers have had their inboxes inundated.

Whatever happens to this amendment, it is important that the dialogue between the Home Office and the3million continues. I know it has written to the Home Office today addressing every single one of the objections that the Home Office has raised concerning the proposal for the use of a QR code. If it would be helpful, is the Minister willing to meet a number of interested Peers, alongside a representative of the3million, to discuss a way forward?

A purely digital approach is not a panacea in this regard, even if the Government wish to believe it is. There needs to be the option of physical proof of status. I will certainly vote for Amendment 79 if it is taken to a Division.

[Lord Hannay of Chiswick (CB)]

My Lords, the noble Lord, Lord Oates, ran off an extremely impressive list of people and groups supporting this amendment for physical proof. I add the European Affairs Committee of your Lordships’ House, of which I am a member, along with the noble Earl sitting on the Woolsack. Last year, when we examined the implementation of the settled status system, we unanimously recommended that physical proof be made available. That committee contains members of all parties in your Lordships’ House and none, and we had no hesitation whatever about the recommendation we made. This was after the evidence had come from the Covid barcode system that it could be done at nil cost and would give tremendous relief to people like me who sometimes struggle a little with the digital world in which we now live.

I really hope that the Minister will now go back and accept that providing this physical proof will greatly increase the respect in which this country is held by member states of the European Union, which have unanimously asked for this. It will do nothing but good for the individuals who get the physical proof and for this country, which will have shown that it listens to the views of others. I hope the amendment can be accepted.

[Lord Sandhurst (Con)]

My Lords, I am pleased to follow my noble friend Lady Shackleton’s speech.

We had the Windrush disaster because people got nothing in writing. That was a shameful episode; many people suffered badly and we are now paying large sums of compensation. That does not assist the taxpayer, but no doubt the civil servants 30 years ago did not think about that. It costs us all money now, so if nothing else think about the money for future taxpayers. I see no reason why we should risk a repeat of the Windrush disaster.

If a modest charge is necessary, so be it. People will pay £10 for a piece of paper or for registration costs, but what is that? They will have comfort and security. The Home Office’s reluctance to issue proof in documentary form for European citizens living here, minding their own business, is difficult to understand.

There will be personal disasters in future. They will be disasters in 10, 15 or 20 years for the individuals who, for one reason or another, are unable to prove that they are settled in this country when they come back from time abroad. I ask the Minister to think of herself and her children and grandchildren in that position. Decent people living in this country deserve to be treated decently.

Refugees and Asylum Seekers

Lord Hannay of Chiswick Excerpts

Monday 28th February 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

As we speak, my right honourable friend the Home Secretary is outlining some of the further things we will be doing to help our colleagues and friends in Ukraine, as has the Prime Minister over the last 24 hours. This Question is about the UNHCR in relation to the refugee convention, and we do not think that anything in what we do breaches the convention.

[Lord Hannay of Chiswick (CB)]

My Lords, does the Minister not recognise that although it is very welcome that she says that the Government will be sticking by their obligations under the convention, it is not terribly convincing when they are simply marking their own homework? What does she have to say about the extremely detailed and well-argued views put forward by the United Nations High Commissioner for Refugees about the legislation we will be considering later today? Why should we accept her word rather than the UNHCR’s word? Surely, they know about their own convention?

[Baroness Williams of Trafford (Con)]

It is absolutely for the UNHCR to comment on our interpretation of the refugee convention, but it is for Parliament to determine our interpretation of it.

Nationality and Borders Bill

Lord Hannay of Chiswick Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Hannay of Chiswick (CB)]

My Lords, there can be no doubting the sensitivity in both political and social terms of the policy areas covered in the Bill to which we are giving a Second Reading today.

Immigration is of real concern to many of our fellow citizens. Over the past centuries, it has shaped this country, very often for the better; equally, there can be no doubting that this Bill touches on matters of not only domestic policy concern but Britain’s international obligations. It thus affects, for better or worse, the Government’s objective of developing a positive global role for our country in the 21st century. I will therefore concentrate my remarks on those parts of the Bill that are difficult, if not impossible, to reconcile with our international obligations.

The provisions of the Bill dealing with asylum have been described by the UNHCR, the refugee agency, as

“fundamentally at odds with the Government’s … commitment to upholding the United Kingdom’s international obligations under”

the 1951 refugee convention and its 1967 protocol, and with

“the country’s long-standing role as a global champion for the refugee cause.”

That is strong language from an agency of the UN, which does not lightly criticise a member state which is not only a permanent member of its Security Council but also, over many years, one of its greatest donors. Nor can such criticism be lightly dismissed with subjective legal opinions; after all, why are we now discarding the interpretation of our obligations under the convention which we have applied for 70 years if it is not our intention unilaterally to contravene that interpretation?

However, if there are powerful reasons of principle for seeking to amend the provisions on asylum in the Bill, there are also powerful practical reasons for doing so. Is there any reason to believe that any third country will be ready to accept the offshoring of asylum seekers coming to this country? Certainly, a leak that we might be contemplating trying to negotiate such facilities with Albania provoked an immediate and categorical denial. Moreover, it is surely an incontrovertible fact that no new measures for checking the illegal arrival of asylum seekers will be effective if we cannot secure the full co-operation of our continental neighbours, in particular France.

Does it really make sense in that context to legislate for solutions which have already been dismissed as unacceptable by those countries and contrary to international law? Would it not be wiser to talk first and then legislate? Is it not likely that any such co-operation will in any case require us to open ways in which asylum in the UK could be claimed and processed reasonably expeditiously before asylum seekers quite literally take their lives in their hands by embarking on a perilous Channel crossing?

Quite apart from those complications over asylum, the provisions in Clause 9 for depriving British subjects of their nationality without notice seem to contravene the UK’s obligations under the 1961 UN statelessness convention and would risk depriving their children of their right to a nationality under Article 24(3) of the International Covenant on Civil and Political Rights and Article 7(1) of the Convention on the Rights of the Child—the latter being particularly poignant to the present speaker as I sat beside Margaret Thatcher in 1990 when she signed it.

The problems caused by our long-standing international legal obligations would thus seem to be a sufficient reason to consider Clauses 9 and 11 of the Bill to be seriously flawed and needing amendment. To ignore these problems or to dismiss them will inflict real damage on one of the pillars of British foreign policy: our support for a rules-based international order. Ministers have stood time and again at the Dispatch Box in this place and in another place proclaiming our national interest in preserving and strengthening that order. For what it is worth, I believe them right to do so. But then measures are brought forward that run contrary to that order—as in the present case—which, if they entered into law, would undermine it. Twice already this House has successfully amended such Bills, in the cases of the internal market Act and the overseas operations Act, to bring them into conformity with our international obligations. I hope that this can be achieved in the present case too. If not, I fear the gap between our rhetoric and our practice could become too wide to bridge with any semblance of credibility.