Border Security, Asylum and Immigration Bill

Lord Katz Excerpts

Tuesday 11th November 2025 Lords Chamber

[Lord German (LD)]

I strongly support that intervention. The noble Lord, Lord Harper, referred to his interpretation of the letter. I prefer to rely on Section 31 of the Immigration and Asylum Act 1999, which I am sure the noble Lord, Lord Katz, will refer to later, as the defence against the offence that he allegedly conducted in his letter.

These amendments target asylum and modern slavery claims made by those who have entered the UK irregularly. They risk compounding injustice and playing directly into the hands of the very criminals we seek to defeat. First, focusing on restriction of access to modern slavery protections for individuals, particularly those identified as illegal entrants, risks undermining the UK’s reputation for compliance with our international obligations, notably with the Council of Europe Convention on Action against Trafficking. We must remember that victims of trafficking are frequently coerced into criminal activity and that extending disqualification criteria or imposing restrictions disproportionately affects genuine survivors of modern slavery.

Secondly, if these amendments aim to limit the judicial scrutiny of claims made by irregular arrivals seeking protection, they threaten the balance of fairness that underpins our legal system. Any such attempt would introduce legal uncertainty and risks violating individual human rights. Asylum legislation and decision-making must prioritise the principles of compliance with human rights obligations. We resist the temptation to craft legislation based on a political narrative that disregards the plight of those fleeing persecution and violence.

We must focus finite resources on those who truly need our help: the victims of torture, persecution, war and trafficking. For these reasons, based on principles of compassion, international compliance and operational effectiveness against criminal exploitation, we reject these amendments.

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, taken together, Amendments 65, 77 and 84 from the noble Lords, Lord Davies and Lord Cameron, further amended by the noble Baroness, Lady Maclean of Redditch, in Amendments 65A and 77A, can be seen as another attempt to reinstate certain aims and objectives of the Illegal Migration Act 2023 and the Rwanda plan. Again, as was the case with amendments discussed on the second day of Report, these proposals at points take a more unworkable approach than what has come before, as the noble Lord, Lord Pannick— I hope he does not mind my praying him in aid—argued in his short but focused contribution.

The noble Lord, Lord Davies, said that our policies had failed. I simply point out to him that, whereas, as he mentioned, 400 asylum seeker hotels were in use under the previous Government, now it is around 200 and we have a plan to close them all by the end of the Parliament. We have seen more than 5,000 foreign national offenders deported over the last year, a 14% increase on the 12 months before. If that is what the noble Lord and his colleagues see as failure, that is perhaps a clue as to why their approach to tackling asylum and immigration failed so much itself.

I emphasise again that this Government have been clear in their approach to the Illegal Migration Act and its policy intentions. This Bill repeals it, aside from the six sections where we have identified operational benefit for retention. The Bill, as promised in our manifesto, fully repeals the Safety of Rwanda Act 2024 —a wholly unworkable scheme which cost this country around £700 million and which saw only four people leave the country, all of whom left voluntarily.

Amendment 65 seeks to reinstate Sections 2 and 5 of the Illegal Migration Act in a different form. This amendment would mandate the Secretary of State to refuse any asylum, protection or human rights claim made by a person who enters the United Kingdom from a safe third country illegally, provided they do not come directly from a country in which their life and liberty were at risk, and regardless of the nature of the person’s claim. Amendment 65A, tabled by the noble Baroness, Lady Maclean of Redditch, would mandate refusal of a modern slavery claim on the same basis. This blanket approach would fail to factor in considerations around vulnerable groups, including children.

On Amendments 77 and 77A, I thank both noble Lords and the noble Baroness, Lady Maclean, for their interest in the Government’s approach to third-country removal centres. However, I respectfully submit that these amendments are unnecessary. As the Prime Minister set out on 15 May, we are already actively exploring the establishment of return hubs with international partners. Our approach will be guided by what is workable. These hubs will facilitate the swift and dignified removal of failed asylum seekers who have exhausted all legal avenues to remain in the UK while they await redocumentation by their country of origin.

The effect of Amendment 77, together with Amendment 35A, discussed on day 2 of Report, would be to return to the Rwanda model by removing individuals whose asylum claims have not been determined and who are subject to the aforementioned duty to remove to a third country. The return hubs proposal is fundamentally different: it does not outsource asylum decision-making but instead targets those whose claims have already been fully considered by the Home Office and the courts and been found wanting.

We are committed to developing this policy in a way that is both workable and legally robust. As such, the Government cannot be held to timeframes on third country negotiations as set out in Amendment 77. Details of any agreement and associated policy will be made publicly available when the time is right. I therefore urge noble Lords not to move their amendments, on the basis that they not only duplicate work already in train but constrict that work and militate against the Government’s aim to conclude a mutually beneficial partnership in a timeframe that works for both parties.

These amendments would undermine the integrity of the UK’s immigration and asylum system and put the UK in conflict with its obligations under the refugee convention, the ECHR and the anti-trafficking convention. They would serve only to prevent asylum decision-making, increase the backlog of asylum cases awaiting an outcome and put impossible pressure on asylum accommodation, with significant costs to taxpayers. We also cannot ignore the fact that these amendments fail to take into account the needs of vulnerable individuals, including children and victims of modern slavery. I therefore invite the noble Lords, Lord Davies and Lord Cameron, and the noble Baroness, Lady Maclean, not to press their amendments.

[Baroness Maclean of Redditch (Con)]

I beg leave to withdraw my amendment.

--- Later in debate ---

[Lord Cameron of Lochiel (Con)]

My Lords, I listened very carefully to the noble Baroness, Lady Chakrabarti, whose long and well-known experience in these matters I greatly respect. I have sympathy for the underlying principle of her amendment, but I fear that, though well-intentioned, it would take us back to the position that, in our view, Parliament quite rightly sought to clarify in the Nationality and Borders Act 2022.

Section 37 of that Act was introduced for a very clear reason: to ensure that the UK, while complying with its obligations under the refugee convention, could define in domestic law how those obligations should be interpreted and applied. This amendment would lead to the repealing of Section 37 and the expansion of the statutory defence and, in our view, would go far beyond what the refugee convention requires.

Article 31 exists to protect those who come directly from danger and present themselves without delay. It does not exist to provide a blanket immunity for all irregular entrants, including those who have travelled through safe countries and have not claimed asylum there.

In our view, there has to be a system that is firm, not open to abuse and, above all, determined by Parliament. Diluting the provisions of the 2022 Act would undermine confidence and encourage, not reduce, the dangerous business of people smuggling. For those reasons, although I acknowledge the sincere spirit in which this amendment is brought forward, I respectfully urge noble Lords to oppose it.

[Lord Katz (Lab)]

My Lords, Amendment 74, tabled by my noble friend Lady Chakrabarti, seeks to remove the requirement that asylum seekers must come directly to the UK to benefit from the defence provided by Article 31 of the refugee convention. Furthermore, it seeks to expand the list of specific offences set out in Section 31 of the Immigration and Asylum Act, which asylum seekers who arrive illegally have a statutory defence against. I thank my noble friend for her amendment, while noting the previous amendments she suggested during the passage of the Bill, and for her kind words about my response to the debate on her previous amendment in Committee.

The Government remain committed to ensuring that all asylum claims in the UK are considered in accordance with our international obligations under the 1951 refugee convention. Indeed, all our asylum-related legislation, rules and guidance will continue to fully comply with all our international obligations. I hope that provides a level of assurance for the avoidance of any doubt. All claims which are admitted to the UK asylum system will continue to be considered on their individual merits by assessing all the evidence provided by the claimant against the background of published country information.

The Government consider that those fleeing persecution should seek asylum in the first safe country in which it is reasonable to do so. This is in the asylum seeker’s best interest, serves to reduce the risk inherent in making further dangerous attempts to reach the UK illegally, and prevents further profit going to criminal people and those who organise the terrible criminal offences the Bill is designed to stop.

Providing a statutory defence to illegal arrival and illegal entry would, in effect, provide a defence to virtually all individuals who reach the UK by illegal means. It is difficult to see how this could be seen to support the Government’s stance on enforcing the law on illegal migration. Again, it would only undermine the confidence of UK citizens in our wish to maintain a fair and safe immigration system.

Both my noble friend Lady Chakrabarti and the noble Baroness, Lady Ludford, raised the question of recognised refugees being prosecuted for illegal entry, so I will spend a bit of time explaining the grounds when considering whether or not to make an arrest. In that case, Immigration Enforcement criminal and financial investigators must consider whether or not the suspect is likely to benefit from the statutory defence in Section 31. They must consider the defence as set out in the Immigration and Asylum Act 1999, as well as the published CPS guidance on statutory defences. If it is deemed that the individual would benefit from the defence, they are not to make an arrest. If evidence suggests that a prosecution would be possible then continuous liaison between investigators and the relevant asylum caseworker must be undertaken throughout the asylum claim process.