Border Security, Asylum and Immigration Bill

Lord Hogan-Howe Excerpts

Committee stage
Monday 13th October 2025 Lords Chamber

Having put those concerns on the record, which I hope the Minister can deal with, the thrust of her amendment is very good, and I look forward to what the Minister has to say.

[Lord Hogan-Howe (CB)]

My Lords, I support the amendment of the noble Baroness, Lady Coussins. She has been consistent in arguing for this with various Governments, and I would like to be consistent in my support for her.

As the noble Lord, Lord Harper, said, this is essentially an amendment about standards rather than the method of delivery. From the very beginning, the noble Baroness has made the point that where it is vital we get consistency of language or the written word, we ought to be able to rely on translation where English is not the first language. I have to say that my experience of policing is that English is not that precise at the best of times. With the police or others, it is sometimes quite hard to determine exactly what people have said.

Particularly important here is that the list in the amendment is of rights and expectations that people rely on for the system to be fair. We rely on understanding, in language, what we have been asked to do and what we may be unable to do in the future. This also allows the individual to ask questions. One of the things that underpins human rights law, which we all debate at times, is that the individual’s rights and responsibilities should be protected against the state. The state can be an overwhelming and powerful thing at times; all of us need rights to argue our case when we potentially come into conflict with it.

Language can be precise, but it is also very nuanced at times—sometimes by dialect, and sometimes by different languages. It is vital that we all understand that we are talking about the same thing in any judicial, tribunal or other procedure where our rights are going to be affected. This is all the amendment arguing for. To the point of the noble Lord, Lord Harper, it is not arguing for extra rights; it is just saying that where you have a right, you should be able to make your argument.

Probably as importantly, the amendment first enables the individual to understand what is involved in the process, what the outcome is going to be and what their rights are. Secondly, it enables them to understand the questions they are being asked. Finally, it enables them to provide an answer which is accurate and understood. I do not think it is asking any more than that.

I acknowledge that there may be a cost, as the noble Lord, Lord Harper, said. In fact, the police service has quite a good system, because in the criminal process, when you run the risk of the sanction of being imprisoned, it is vital that you are represented and understood well. The police have developed a system with some good standards, but there is a cost. As migration has increased over the years, that cost has significantly increased. In a city like London, around 38% to 40% of the people arrested are foreign national offenders, and often, language can become an issue. That is not unrepresentative of London; it is just a fact that this is what London is like.

The rising cost of migration and the changes it brings mean that we sometimes have to change our process. This is a vital part of it; it is about setting standards. You could say that it is hard to imagine why the noble Baroness, Lady Coussins, had to make this argument. It is hard to understand why you have to argue for a—presumably significant—standard to make sure people understand what they are involved in. We might imagine it already exists, but I am afraid it does not. That is why this amendment is vital, and I support it.

[Lord German (LD)]

My Lords, I absolutely support the noble Lord, Lord Hogan-Howe, and the noble Baroness, Lady Coussins, in this matter. I draw upon my own experience of 11 years in a bilingual Parliament, the Senedd Cymru: without accuracy or professional translators, it would undoubtedly have been difficult to create the laws we passed during those 11 years.

Accuracy and clarity are critical. There is of course a cost to doing it properly, as the noble Lord, Lord Harper, rightly says. However, if it is not done properly, it will end up in the courts, and legal aid and various other factors will be involved. I do not agree with the noble Lord that you should not face the cost, because that cost may be displaced over the time.

I will wait for the noble Baroness, Lady Coussins, to reply on AI assistance, but there is a big difference between people hearing what is said exactly and reproducing it in exactly the same way it is being spoken. When someone speaks, the interpreter and translator translate those words exactly as they were said. That is the important issue here.

I want to tempt the Minister to talk about the learning of the English language, which is of course associated with this. There is undoubtedly a real problem in providing sufficient language courses to help people get an experience of the English language. Do the Government have any ambitions to improve the teaching of English to people coming here on the migration route?

As for the reason for this amendment, as the noble Lord, Lord Hogan-Howe, said, we should not be putting ourselves at risk by not having it.