Justification Decision (Scientific Age Imaging) Regulations 2023

Lord Murray of Blidworth Excerpts

Monday 27th November 2023 Lords Chamber

[Lord German (LD)]

My Lords, some things have been spoken of in this debate, but what is absolutely clear is that in every element the Government have provided more and more uncertainty. We have before us a set of regulations which are clearly down to a Government seeing themselves in a hurry to get things done in a way which might satisfy certain elements of its own party, but which is nothing to do with the case in question, which is about age assessment.

I just want to ask the Government four questions arising from the United Nations Convention on the Rights of the Child, which the Government have signed up to and to which we are party. First:

“An age assessment should only be conducted if it is in the best interests of the child”.


Perhaps the Minister in replying can explain to us why this is in the best interests of a child.

[Lord Murray of Blidworth (Con)]

Perhaps the noble Lord can explain why scientific methods are used to assess age in, among other countries, Sweden, Norway, Finland, France, Germany and the Netherlands.

[Lord German (LD)]

The information provided by the Council of Europe, which of course does not reflect the notifications we have received from the Government, describes the legal cases which have been taken against the proposals made by some of those states and which have in fact been found to be in contravention of the very convention I am talking about.

Secondly:

“Age assessment should not take place without the child’s and their guardian’s informed consent”.


How will that consent be provided and how is it meant to be independent?

Thirdly:

“Children undergoing age assessment have a right to be informed of their rights during the procedure, the purpose, steps and duration of the procedure, and to be assisted by a legal representative and/or guardian”.


What steps are the Government taking to provide that support for these children, so we are clear about it?

In conclusion, “sub-optimal” is the word provided by our Secondary Legislation Scrutiny Committee. Everything that has been said about what we have in this House today suggests that it is below optimal.