Refugees (Family Reunion) Bill [HL]

Lord Jackson of Peterborough Excerpts

Committee stage
Friday 17th January 2025 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, I rise to speak to my amendments in group 1 and to support my noble friend Lord Murray of Blidworth. I extend my apologies at the outset to your Lordships’ House for the fact that I was not able to be here on 18 October for Second Reading due to a long-standing family engagement.

Given that I have tabled a significant number of amendments, I think it would be helpful to explain why my noble friends and I are seeking to amend the Bill. First, I put on record my appreciation of the commitment and tenacity of the noble Baroness, Lady Hamwee, in seeking to get this measure on to the statute book on a number of occasions. Notwithstanding that, this is a very poorly drafted and ill thought through Bill, which is why 32 amendments have been tabled to it in Committee. It gives rise to wide-ranging ramifications in terms of public finances, the delivery of public services and community cohesion. It is a de facto legislative open door to unlimited immigration—let us be honest about that. If noble Lords on the Liberal Democrat Benches wish to reject that analysis, I am more than happy to give way.

It is also inherently unfair on those seeking regular routes to indefinitely remain and to citizenship. Finally, more generally, I believe it is predicated on a mischaracterisation and a misunderstanding of whether the UK has indeed discharged its historic and current proper humanitarian and compassionate international duties to refugees. I think there is significant evidence that it has.

So, it is a bad Bill, but even now, at this late stage, I believe it can be improved. It is as well to say that the UK has a long and proud record of providing refuge to those fleeing persecution, including Jewish refugees in the 1930s and Ugandan Asians in the 1970s, some of whom came to my former constituency, Peterborough. Via bespoke humanitarian routes the UK actually resettled 31,000 refugees between 2012 and 2022, excluding the Afghan resettlement scheme and the Ukraine and Hong Kong programmes.

Indeed, in 2023, 62,000 grants of application for asylum were made, against 84,000 in-country applications, the second highest in the European league table. It equates to 76%: significantly higher than, for instance, Italy, Spain or France, and up from 33% in 2018. I accept that it has since dropped to around 67% but, with these numbers, the provision of basic accommodation, a weekly allowance, free healthcare and education for children is nevertheless a very significant drain on public resources, however laudable the aims are.

It would be appropriate to move to specifically consider the amendments that I have tabled in group 1. I draw your Lordships’ attention to my Amendments 3, 13, 18, 23, 26 and 27, which would all add sensible and reasonable safeguards to the Bill to ensure the integrity of our immigration system. Amendment 3 seeks to replace the proposed 21-day implementation period for changes to the Immigration Rules with a more measured timeframe of three months. Such a change reflects a pragmatic approach to policy-making, ensuring that any new rules governing refugee family reunion are implemented effectively and require sufficient time for consultation, preparation and operational adjustments, as well as for proper parliamentary scrutiny and oversight in this House and the other place.

A rushed 21-day period risks overwhelming local authorities, housing providers and other stakeholders, potentially undermining the system’s integrity. In my own home area of Peterborough, we have seen significant strains on the delivery of public services, particularly things such as GP surgeries, the provision of local authority and housing association housing, and primary school places. Three months provides a balanced compromise, enabling thorough preparation while allowing the Government to move forward in a timely manner. This measured approach ensures that the new policies will be robust and sustainable.

Amendment 13 seeks to remove “unmarried partner” from the scope of family reunion eligibility. This amendment aligns family reunion provisions with the established principles of the Immigration Rules, which prioritise formal marital or civil partnerships over less formal relationships. Quite frankly, in the real world, it would be almost impossible to prove beyond reasonable doubt that an unmarried partner is a bona fide claimant under these rules, and that is one of the many holes in the Bill as drafted.

So this is a matter of both consistency and clarity. Recognising only spouses and civil partners provides clear criteria for eligibility, reducing the potential for fraudulent claims. It also upholds traditional values that recognise marriage and civil partnership as the cornerstone of a stable family unit as it goes forward towards citizenship and playing a meaningful and useful role in UK society. This amendment ensures that the UK’s immigration policies remain fair, transparent and in line with public expectations. In fact, if your Lordships consider comparative regimes across Europe and other jurisdictions, they will see that this is very much in line with the practices adopted in other countries.

Amendment 18 proposes reducing the age limit for siblings eligible for family reunion from 25 to 21 years old. There is of course significant scientific data that says that a human being is not fully developed—certainly, their brain is not fully developed—perhaps until their mid-20s, but that is contested. It is generally accepted across the world that you are an adult either at 18 or, in the case of some legislation, at 21. Such a change reflects the practical realities of adulthood and independence. At 21, individuals are generally expected to be self-sufficient and capable of making their own rational decisions and establishing their own lifestyle.

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[Lord Purvis of Tweed (LD)]

Time.

[Lord Jackson of Peterborough (Con)]

It is an advisory time limit. I thank the noble Lord for that.

It would also be impossible to ascertain the veracity of a claim in foreign jurisdictions.

This amendment would ensure that family reunion rights were extended only to those whose adoptive status had been legally verified. Such a change would protect vulnerable children while ensuring that the system was not exploited; in fact, it would specifically protect children and young people from being trafficked for sexual or other exploitation.

Amendment 27 would introduce a requirement for medical health assessments for all applicants before their family reunion status was approved. This is a common-sense measure that ensures the health and well-being of those entering the UK. Early health assessments can identify any medical issues requiring treatment, ensuring that appropriate support is provided, and additionally, these assessments protect public health by identifying and addressing any communicable diseases. This policy is pursued by many countries across the world and is sensible and responsible. Such a policy is not only practical but humane, reflecting the UK’s commitment to safeguarding both incoming refugees and the wider community.

In conclusion, these amendments demonstrate a commitment to ensuring that the Bill is both compassionate and practical. They would uphold public confidence, protect national security, and promote fairness and transparency in the immigration system. I urge the Committee to support these thoughtful and necessary provisions.

[Baroness in Waiting/Government Whip (Baroness Twycross) (Lab)]

My Lords, the speakers’ list for today states:

“Other speakers within each group are expected to keep within 10 minutes”.


If noble Lords could respect that, your Lordships’ House would probably appreciate it.

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[Lord Kerr of Kinlochard (CB)]

My Lords, I oppose the amendments in this group introduced by their three proposers. I do so for five reasons.

The first is that I believe in putting the traffickers out of business, and studies show that about half of those in the camps in Calais are family reunion cases: they are people wishing to join members of their family here.

The second is that the principal virtue, in my book, of the Bill of the noble Baroness, Lady Hamwee, is that it deals with the anomaly where we, with the Swiss and Liechtenstein, are the only countries in Europe that do not allow a resident refugee child granted asylum status to sponsor family members to come into the country. Our position is an anomaly, which, in my view, is quite unworthy of us and quite unfitting with our pride in being a sanctuary country.

Thirdly, I oppose the amendments because they are unworkable. I think the intention is probably to make them unworkable, but in practice, they would be unworkable. A good example is Amendment 7, from the noble Baroness, Lady Lawlor, which would require the Secretary of State to publish in the initial statement and every six months how many people would be expected to come in under the Act and the approximate cost per person. We know the answer, actually. The Refugee Council study established that the numbers would be somewhere in the range of 240 to 750 a year, if we, as every other European country, except Liechtenstein and Switzerland, does, allowed a resident child granted asylum status to bring in family members. The range would be no more than 750—it might be as little as 240—and the cost would be about £1,000 a head.

So we are talking de minimis here on money but constructing extremely elaborate bureaucracy and laying requirements on local government—and central government, because we are talking about the accommodation requirements—to do an immense amount of reporting. This, for Members of this House who oppose overregulation and bureaucracy, is a rather surprising structure. I, of course, was a bureaucrat—a proud bureaucrat. I should be delighted to see many more bureaucrats given entertainment and occupation, but actually I think it is a very bad idea.

My fourth reason is that overspecifying, going into all the detail that this does, is itself a bad thing. I think it is correct that the Immigration Rules lay down the details and primary legislation should not. That is the right way of doing it, and all this heavy detail in here is making this a very peculiar piece of primary legislation and is overlapping with the existing Immigration Rules.

My fifth and last point, which relates to that one, is to ask the noble Lord, Lord Murray of Blidworth—because he is a distinguished lawyer and I am neither distinguished nor a lawyer—to think hard a contrario. If we set out such extraordinarily detailed specifications in primary legislation, what about the other Immigration Rules that do not simply copy primary legislation? Will it not be open to individuals to argue in the courts, against the authorities, that, because the specification in the Immigration Rules was not set out in primary legislation, it is in some way defective? I think it is very dangerous to get into a contrario territory, but I bow to the lawyers in this Committee who know more about it than I do.

[Lord Jackson of Peterborough (Con)]

I thank the noble Lord, Lord Kerr, for his kindness in giving way. Do I understand his main point to be that real-time, empirical data is inimical to the formulation of good public policy? Is he actually saying that we should not collect data in order to make policy, for the future of our country, in respect of the provision of health services, housing and all the rest? That is a very odd argument to make, if I am perfectly honest.

[Lord Kerr of Kinlochard (CB)]

Of course not.

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[Baroness Jones of Moulsecoomb (GP)]

Is it? I do not think it is.

[Lord Jackson of Peterborough (Con)]

Yes. All this—

[Baroness Jones of Moulsecoomb (GP)]

The noble Lord has had his say.

The noble Lord, Lord Murray, knows very well that when I say “safe and legal routes”, I mean for any and every nationality—not just the few that the previous Government thought were acceptable to come to Britain.

Also, if noble Lords are rude enough to go over the advisory time limit and show disrespect to the Committee, perhaps their microphones should be turned off.

On the other Bills I mentioned, the Conservatives have been filibustering. They have been making some of these Bills quite unpleasant to sit through when one cares about the issue at hand. Personally, I agree completely with the noble Lord, Lord Kerr, even though he did not give way to me. He is absolutely right that this is petty bickering; I really cannot stand it. We need safe and legal routes. The previous Government did not give us those routes for all nationalities, which means—

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[Lord German (LD)]

My Lords, I declare my interest in that I am supported by the RAMP organisation. At the outset, the noble Lord, Lord Jackson, if I caught him correctly, said that it was difficult to explain why the amendments in this group were laid. That is what I heard—I apologise if it is not what he said. It seems to me, from the conversation we have had on this group of amendments, that it is primarily about making further restrictions on what is already in the rules of our system and, secondly, about creating differences in timings. Those would then make it more difficult to put forward the principles that lie behind this Bill, which of course is about filling some of the eligibility gaps that currently exist for family reunion.

On timings, it strikes me as strange that we have two sets of amendments pulling in opposite directions. In one set we have amendments from noble Lords on the Conservative Benches saying that they want to restrict the amount of time that the Home Office and the Government have to make the new arrangements, while in the other set they are trying to expand them so that they have longer to do it. I do not know whether we can make a judgment on that, but it seems to me that what is common practice in the timings for dealing with changes that the Government have to make—the current procedure in this Bill of six months for the Government to prepare, and 21 days before Parliament—

[Lord Jackson of Peterborough (Con)]

I thank the noble Lord for giving way. I fear that he is wrong on this, in that we are seeking to open a larger window for parliamentary oversight, in terms of a statement laid by the Secretary of State under the conditions laid down in the Bill, but to give more time for those people more acutely affected at local level, such as local authorities, police and other agencies. That is why he may see a slight difference there, but they are not mutually exclusive ideas in respect of our amendments.

[Lord German (LD)]

I understand the amendments from the noble Lord, Lord Jackson, but I do not understand how they can be put alongside those of the noble Baroness, Lady Lawlor, which seek to increase the time overall. Anyway, I am sure that noble Lords in this Committee will be able to make their minds up, having heard that interjection just then.

Beyond timing, of course, there are a number of issues relating to restrictions. The issue fundamental to this is that, on the family reunion potential, those who come with family reunion protection are largely women and children. We must not forget that this is the group of people we are talking about. Family reunion costs less to the British purse than it does if you have to manage things through the state. Looking after young people by local authorities does not come cheap, and having people within their own family background certainly helps to support every aspect of family life—but particularly for young people it makes sure they have a good start in life and can proceed.

I will not repeat the numbers because I accept everything that the noble Lord, Lord Kerr, said, but they are small. There are other numbers that might give an indication of the future—the ones that I think the noble Lord, Lord Murray, was asking about. In the past 12 months, 3,201 unaccompanied children were given protection in this country up to the year ending September 2024. Those 3,201 may have family; it is true that they may have parents somewhere, but you have to make a judgment as to how many would seek to bring their families here. We are one of only three countries on the European continent that do not operate on that potential.

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So I find myself in the strange position that I cannot fully agree with the noble Baroness and I certainly cannot agree with His Majesty’s loyal Opposition. Let us see what happens today. Let us see whether Members withdraw their amendments or push them to a Division—

[Lord Jackson of Peterborough (Con)]

Will the Minister give way?

[Lord Hanson of Flint (Lab)]

I will give way in a moment. Let us see whether the noble Baroness wishes to accept any of their amendments.

I think the Government are in broadly the right place. We understand the pressures. We have a good set of rules in place. I remind the noble Lord, Lord Jackson, before he intervenes, that we are committed to publishing a migration White Paper very shortly that will look at a range of other issues debated in this House and in the House of Commons that government policy considers. The impact of asylum and refugee status, although not migration, is still an important issue because additional individuals coming in on family reunion is a form of migration. All these matters have to be considered. As I said at Second Reading and say again now, these are matters the Government need to reflect upon in slower time. But I will certainly hear what the noble Lord, Lord Jackson, wishes to say.

[Lord Jackson of Peterborough (Con)]

I thank the Minister for giving way. I am worried about his reputation as a bruiser from the other place because he sounds dangerously consensual and collaborative this afternoon, which is always worrying coming from him. The Minister has been speaking for 10 minutes and has not alighted on the challenge thrown down by my noble friend Lord Murray of Blidworth concerning the overall generic numbers—the universal numbers—that are likely to come as a result of the Bill as unamended. Surely that is something the Government will take an interest in, if he makes a judgment on, for instance, the provision of public services in future.

[Lord Hanson of Flint (Lab)]

Bruiser? Moi? Surely not. I will at some point potentially bruise the noble Lord once again, but today I am trying to find the sensible middle way.

Let me say to the noble Lord, Lord Murray, that I have already recognised that there are issues with the numbers. When he intervened at Second Reading and asked the noble Baroness, Lady Hamwee, about the numbers, there was a potential vacuum for an assessment of what those numbers would be. Again, any sensible Government would have to take those matters into account, which, to answer the noble Lord, Lord Jackson, is why I indicated at Second Reading that we had concerns about the additional numbers, the assessments of those numbers and the criteria for granting them. As I said then and reiterate today, there are legal reasonable routes for other family members to join after a proper assessment. Without repeating it all today, I referenced that very strongly in the debate at Second Reading.

The government response today is that I wish the amendments to be withdrawn. But that is a matter for noble Lords. As we progress, in Committee, on Report, at Third Reading and when the Bill goes to the House of Commons, we as a Government will, in between, reflect on these matters.

I hope that is clear, even if it is slightly in the middle. Maybe in the middle is not such a bad place to be. That is my view on the amendments and on the Bill. I can add nothing more than that today than to allow the noble Baroness, Lady Hamwee, to respond to amendments that were designed—as appears to be the condition of current Opposition Members—not to help clarity, were perhaps for a little further discussion or perhaps a little obfuscation. Ultimately, the House will determine these matters in due course.

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Moved by

[Lord Jackson of Peterborough]

2: Clause 1, page 1, line 2, leave out “6 months” and insert “one month”

[Lord Jackson of Peterborough (Con)]

My Lords, I will be brief. It is very gracious of the noble Baroness to apologise—

[Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)]

I think we need to look at the time and bring the Committee to a conclusion fairly quickly. If the noble Lord would help us by not speaking to his amendment, then we can get on with that.

[Lord Jackson of Peterborough (Con)]

On the basis of being as collegiate and collaborative as the Minister, I beg leave to withdraw the amendment—before I have even spoken to it.

Amendment 2 withdrawn.