Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Murray of Blidworth and Lord German

Report stage
Monday 4th March 2024 Lords Chamber

[Lord German (LD)]

My Lords, I will speak to Amendment 21 in my name and also link that with Amendments 20 and 18. If Amendment 20 had had any space, I would have signed it as well, because it makes the same case. I will address Amendment 17 later and look forward very much to seeing how the Government deal with it in their response.

At the moment I will just repeat the universality issue of human rights—they are for all. I read once again the response from the noble and learned Lord, Lord Stewart of Dirleton, about legitimacy and I am sure we will hear it again today. But the underpinning of the Human Rights Act is that the protections should not be disapplied just to some people. Human rights are for all; if they become qualified, they are no longer human rights but only rights for some people. This violates the principle of the universality of human rights, which is why this amendment is in place.

It does not matter that this is directed at illegal migrants: once the Government do this for one group, they will choose—or could choose—to use it for other groups such as protesters.

[Lord Murray of Blidworth (Con)]

Is the logic of the noble Lord’s point therefore that the Government would be better to repeal the Human Rights Act completely and revert to the pre-1998 situation?

[Lord German (LD)]

No, we simply keep the Human Rights Act, which does the job we are seeking here. Naturally, of course, if the Government want to move and create a special group, as here—what they call “illegal migrants”—what about the other groups that might follow from it? It is very clear that there may well be an issue with protesters—groups that are not in vogue with the Government. It is a very dangerous precedent and this is a warning sign. Fundamentally, what we are seeing here is a chasing of short-term headlines that will have a significant consequence for people’s rights in this country.

Not content with arguments that they are having with the views of the ECHR and the UNHCR, the Government in the last seven days have now drawn swords with the United Nations Human Rights Council. Published last Friday, the council’s report said:

“Prohibiting courts and tribunals in the UK from applying and interpreting principles of domestic human rights law and international law would undermine the ability of the courts to protect all those under UK jurisdiction from violations of their human rights as provided under international law”.


It goes on to say that the Government should look at this matter again and the United Nations has offered to work with the UK Government on this matter. So, when he responds, will the noble Lord tell us whether the Government have read the United Nations Human Rights Council’s review and whether they are prepared to meet the council and discuss this matter further?

There is also a logical inconsistency in what the Government are doing; they cannot have it both ways. They want to rely on the international convention and jurisprudence in justifying the disapplication of the Human Rights Act, but they are then seeking to disapply the findings of that same court in relation to the same international convention with respect to the consideration of interim orders. You cannot have it both ways and the Government need to be clear on that matter.

All the comments that the noble Baroness, Lady Chakrabarti, made about Amendment 17 are absolutely accurate, but one thing worries me completely and that is the part of the amendment that basically takes away every law that this country might apply in this direction—domestic law and common law. For goodness’ sake, with common law as interpreted by the courts, I do not know how you find which parts of it you want to disapply. You have to be specific in what you say if you want to disapply anything of this nature. Amendment 17 looks to me like a complete wiping out, blanking out and blindfolding of every single possible piece of legislation that might stand in the way of this Government’s view, and that absolutely must affect the balance of the rule of law in this country.

I look forward to seeing how the Government will deal with that amendment, but I suggest they might need to consider how they move forward with no further disapplication of the Human Rights Act.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Lord Murray of Blidworth and Lord German

Committee stage
Monday 12th February 2024 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for giving way. He has said repeatedly that the Supreme Court has held as a fact that Rwanda is an unsafe country. If one looks at the judgment of the Supreme Court, in paragraph 105 the noble Lord will see that the noble and learned Lord, Lord Reed, the president of the Supreme Court, said that Rwanda was unsafe at the time that the Divisional Court was considering the evidence. As my noble friend the Minister said on the last group, the short point is that the question which this Parliament is determining as to the safety of Rwanda is in light of the new arrangements.

[Lord German (LD)]

As the noble Lord will know, the other clause in the Supreme Court judgment, which he did not refer to, said that it will take a considerable time for those matters to take place. That is why I have asked the Minister in this Chamber, having heard the views of the treaties committee of this House and the matters which it raised after taking evidence last month, whether the provisions in Amendment 84 which are proposed for new Clause 84(1)(c) are in place now. Are they operational? Which ones will be in place, and by when? If we follow the noble Lord’s remarks, that is the judgment that we are trying to make now.

Justification Decision (Scientific Age Imaging) Regulations 2023

Debate between Lord Murray of Blidworth and Lord German

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.

Asylum Seekers: Channel Crossings

Debate between Lord Murray of Blidworth and Lord German

Thursday 7th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

On the three points the noble Lord raises, first, I do not accept that the decline is entirely down to the weather. One will have seen that, even in the comparator week of 2022 to this week of September, small boat arrivals are very significantly down, by a sum in the region of 20%. As to his second point, on returns, there is very good news to tell. So efficient now are our returns of Albanians that the number of Albanians crossing the channel has reduced in excess of 90%. As to his final point, on lawyers, abusing our asylum process by providing accounts to individuals to falsely claim asylum is a problem. Noble Lords will have seen the reporting in relation to that. Any responsible Government would agree that this is a dreadful crime which prioritises those who have no claim over those who would have a good claim. This Government take very seriously their obligations towards stopping that kind of abuse by those few practitioners who behave in this fashion. That is why we have set up the enablers task force, which will bring together all the information, allowing for the prosecutions of these people.

[Lord German (LD)]

My Lords, we are told by the Government that 46% of asylum seekers reach here by small boat. Can the Minister tell us how the other 54% arrive?

[Lord Murray of Blidworth (Con)]

They arrive usually on visas, such as student or work visas, or they overstay on other types of visas.

Illegal Migration Update

Debate between Lord Murray of Blidworth and Lord German

Wednesday 6th September 2023 Lords Chamber

[Lord German (LD)]

My Lords, I will not repeat the questions which have already been asked, except to emphasise the issue about the ODA money and the question of where on earth they will find funding for this to be changed.

This Statement is, basically, very thin gruel, because it opens the door to more problems than the problems we had already raised. I will question two of those big problems which are additional to the ones which have already been asked. The first is about the number of claim withdrawals. There has been a big increase in withdrawals of asylum claims, particularly from countries which have a very high grant rate for asylum claims. The previous rules on treating asylum claims as withdrawn provide three reasons that an asylum claim will be treated as implicitly withdrawn. The new version of the rules, since we completed the debate before the Recess, now adds two more grounds: failure to maintain contact with the Home Office or to provide up to date contact details, and failure to attend reporting events unless due to circumstances outside the applicant’s control. The Government say that the rule changes are to improve clarity regarding the withdrawal of asylum applications. It is difficult to see how adding yet further grounds will do anything other than increase the number of people who have genuine asylum claims thrown out.

The claims that I want to talk more about are those where, according to the rules, the circumstances in which an asylum claim will be treated as explicitly withdrawn have now widened. Before, the only circumstances in which a claim would be treated as explicitly withdrawn were where an applicant signed a specified form. Now, an applicant may also

“otherwise explicitly declare a desire to withdraw their claim”.

Can the Minister clarify what the “otherwise” circumstances are? These are new circumstances, but nowhere are they explained. How can he be sure that these people do not require protection, and what happens to them once their application has been withdrawn?

I will now follow on from the question I asked the Minister earlier today about the moving on process from Home Office accommodation. He indicated today that the process would be very swift, and he did not demur from the seven days I mentioned. That was down from the 28 days that currently exists; seven days now seems to be the new norm. We understand the urgent need to move people out of hotels and into more appropriate, community-based accommodation, but the way to achieve that is not by evicting them into homelessness—in effect, dumping them on the front door of the local authority, many without the biometric certificate which is the essential ticket to getting universal credit and the gateway to a home.

So my questions are these. What, if any, communication exists between the Home Office and local authorities of the names and details of those who are to be released and when? At what point, following the letter telling the recipient they have leave to remain, do recipients receive their biometric certificate, without which they cannot really proceed anywhere? Is there any standard of service in the Home Office on any time gap between the letter arriving saying that they have leave to remain and the biometric certificate being delivered? The Minister spoke today of the need to protect the service provision, but the actions taken by the Government focus entirely on the numbers issue, not on seeking a sensible solution to those coming through and out of the system. I fear that we are in for many more debates on the chaos left by a system that is driven by numbers and not by people.

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, I am grateful to both noble Lords for their questions. It is apparent that I would refute the allegation from the noble Lord, Lord Coaker, that, in any sense, the illegal migration update did not reveal a sensible and competent approach.

I will remind the House of the six points contained in the Statement. The first was the agreement we have recently struck with Turkey to take action with the Turkish authorities to disrupt gang activity and to prosecute those who would seek to smuggle people across the channel. The second point was the reiteration of the department’s approach to lawyers who would seek to undermine the efficacy of the asylum system by coaching or by, in effect, enabling fraudulent use of asylum and other routes; we have created the Professional Enablers Taskforce to prevent such an abuse of the system. The third was the massive increases in civil penalties for illegal working and for renting to those who are not entitled to do so.

Fourthly, on the very satisfactory statistics in relation to returns, I need not remind the House that 3,500 Albanians have been returned in recent times—a 90% reduction in the numbers arriving on small boats. Fifthly, my right honourable friend the Immigration Minister reminded the House of Commons that the target of 2,500 asylum decision-makers has now been met. Finally, there has been a 20% reduction in small boat crossings, compared to this time last year. This must be viewed in the context of circumstances where small boat arrivals in Italy have gone up by 100%.

In the context of all those points, it is notable that none of the questions from the noble Lord, Lord Coaker, or the noble Lord, Lord German, focused on these points. That is because neither the Liberal Party nor the Labour Party has any answer to the problem posed by small boats.

I turn now to address some of the questions raised by the noble Lord, Lord Coaker. First, on the article in the Times about the report of the Independent Commission for Aid Impact, the Government are looking at that report and considering its outcome. It may be that the outcome is not something with which His Majesty’s Government agree, but in any event I can reassure the noble Lord that funding for asylum support will remain.

On the noble Lord’s question about Catterick garrison. I can confirm that work is ongoing to bring forward accommodation there as part of wider efforts to relieve pressure on the asylum system.

On the noble Lord’s question about the “Bibby Stockholm”, as my right honourable friend made clear in the other place, we are confident that we will be able to return asylum seekers to such accommodation within a fairly short period. Final checks are being conducted.

As to the work with France, I can reassure the noble Lord that our agreements with France have yielded a great deal of success. Our French deal has prevented some 33,000 illegal crossings in 2022—40% more than in 2021. In the first eight months of 2023, around 15,000 of these dangerous, illegal and unnecessary crossing attempts have been prevented. This is on top of the agreements with Albania which have had the effect I have already outlined. We have a similar agreement with Turkey to tackle and disrupt the small boats supply chain. This includes the creation of a Turkish national police centre of excellence, based in Turkey, to tackle organised immigration crime.

This must all be viewed in the context of the operationalisation of the Illegal Migration Act, which will demonstrate the effect of the provisions. If you come to the UK illegally in a small boat, you will be detained and speedily removed.

Asylum Applications Backlog

Debate between Lord Murray of Blidworth and Lord German

Wednesday 6th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The GOV.UK website contains detailed guidance on circumstances in which a claim will be withdrawn or deemed withdrawn, including a timescale. I do not believe, although I do not have the facts before me, that there is a concrete deadline after which a claim may not be restored, but I will check that and revert to the right reverend Prelate in relation to it.

[Lord German (LD)]

My Lords, I draw attention to my interests in the register. One of the consequences of the Government’s rush to beat the backlog is that those who have the right to remain are given as little as seven days, or sometimes even less, to leave their asylum seeker accommodation—seven days to find a home and a job and, most crucially, to put in a successful application for universal credit. Do the Government believe that making people homeless and passing the buck to local authorities and the voluntary sector, while that may solve the Government’s problem, places cash-strapped councils in an impossible position?

[Lord Murray of Blidworth (Con)]

Clearly, as the noble Lord knows, it is a priority for the Government to reduce and eliminate the use of hotels. If people have successfully claimed asylum, the position is that they should no longer reside in Home Office accommodation and that they become the responsibility of the local authority. This is a well-known procedure and has been in place for a long time. I do not believe that there is any reason why that should not be the case.

Immigration and Nationality (Fees) (Amendment) Order 2023

Debate between Lord Murray of Blidworth and Lord German

Monday 24th July 2023 Grand Committee

[Lord German (LD)]

Perhaps I could probe a little deeper there, because we get most of our tourists, in bulk numbers, from within the European Union. That is the number we are looking at, and where people can choose which other country they want to go to. They have a choice of 25 countries, including the Republic of Ireland. The difficulty here is that it is suggested that there will be a 1% drop in the number of tourists to this country, and it is that bit I am trying to find out. If they are predominantly from the European Union, then it is not the cost issue there, because for people who are in the European Union, there is no cost to moving from one country to another. So I would just like to probe a little bit more on that.

[Lord Murray of Blidworth (Con)]

As I say, it is the Home Office’s view that the cost will have a negligible impact on the choice of destination. Interestingly, just picking up on a point that the noble Lord raised, the Republic of Ireland is not proposed to be part of the ETIAS, and has chosen to opt out, as it is not in the Schengen area. So the Republic of Ireland is something of an outlier now in this field, which of course ties back to the point that I will come to in relation to the noble Lord’s third point on the common travel area.

I turn to the noble Lord’s second point: the impact on universities. Fees for immigration and nationality applications are kept under review, as the noble Lord knows. Increases to student visas were announced as part of a wider announcement on fees on 13 July by the Chief Secretary to the Treasury. Those changes will be made in the same regulations that I have already discussed that will come later this year. Those fees will be within the maximum that we are setting in today’s order. While the student fee maximum was increased by a small amount in 2022, the Home Office has determined that further flexibility is necessary to ensure that we are able to take a balanced consideration of fee levels across all routes. The amendment we are proposing to this order will allow this to happen over the longer term.

The Government are of the view that it is right that those who benefit most from the immigration system should contribute towards the cost of operating it. We also note that there is limited evidence that past fee increases have affected demand on study routes.

I turn to the noble Lord’s final point, in respect of the common travel area. As now, there will be no routine immigration controls on journeys within the common travel area and no immigration controls whatever on the Ireland/Northern Ireland land border, as the noble Lord would expect. However, as is currently the case, individuals arriving in the United Kingdom, including those crossing the land border, will need to continue to enter in line with our immigration framework, which obviously will include the requirement to obtain an ETA when they are introduced. I should add that an ETA will not be necessary for an Irish national, of course, because they have special status.

The general principle that one enters the common travel area while adhering to the immigration framework is a long-standing and well-established one. Those crossing from Northern Ireland into Ireland have long been expected to comply with immigration requirements. Once granted, an ETA will be valid for multiple journeys over an extended period, as I discussed in relation to the point made by my noble friend Lady Lawlor. Third-country nationals who are already legally resident in Ireland will be exempt from the requirement to obtain an ETA when travelling to the UK on a journey within the common travel area. In order to benefit from this exemption, if required to do so by a UK immigration official, non-residents of Ireland will need to present physical evidence demonstrating that they are legally resident in Ireland. I hope that this answers the point raised by the noble Lord, Lord German. Guidance as to the forms of identification that will be required has been provided as of Thursday last week; I can provide a copy to the noble Lord after this debate.

I turn to the points made by the noble Lord, Lord Ponsonby, in relation to the process; in particular, how we have tested the tech for electronic travel authorisations. I assure him that I have personally tried the tech. It is very impressive and is swift and easy to use. It simply uses a mobile phone handset, the chip in the applicant’s passport and their credit card details, while their biometric details are taken by the camera on the phone. I assure the noble Lord that this technology has been subjected to robust testing and the Home Office remains on track to launch the scheme in Qatar in October this year.

We have made a deliberate decision to have a phased rollout, starting with Qatar, before rolling it out worldwide in 2024, to ensure that our systems and processes can accommodate the expected number of applications; we expect the figure to be in the region of 30 million a year. We have invested in brand new technology to ensure that customers receive the best user experience when applying for an ETA. As I say, the Home Office has done extensive testing on the mobile application. We are using the same technology that we used for the highly successful EU settlement scheme, so we are confident that the tech should be fully successful when the scheme is launched; as I say, we remain on track to launch in October 2023.

I have already partly responded to the question asked by the noble Lord, Lord German, about Northern Ireland tourism. I can assure him the Home Office has been working closely with tourist bodies across Ireland to ensure that the ETA requirement has as little impact as possible on Irish tourism, both from Northern Ireland into the Republic of Ireland and the other way around. We are committed to working with stakeholders to ensure that the requirement is effectively targeted through a variety of channels and to mitigate any risk of it being seen as a barrier to pan-Ireland tourism, if I can call it that.

Finally, on the noble Lord’s point about the general increases proposed, these increases clearly reflect that the majority of fees have not been subject to a significant increase since 2018, despite a context of high inflation and record high migration into the UK. As I have already said, it is the Government’s policy that those who use and benefit most from the immigration system should contribute towards the cost of operating the system, reducing the burden on the UK taxpayer. The increases announced by the Government will mean that a greater share of that cost will be met by those users of the system. This in turn will allow more funding to be prioritised elsewhere in the Home Office, including to pay for vital services and support public sector pay rises. These increases, which are within the existing fee maxima, will, as I have said, be made through separate legislation after the Summer Recess.

I reassure noble Lords that the immigration fees will be kept under review over the lifespan of this order and will be updated within the parameters that we are setting today. In the event that fee levels are changed, they will need to be approved by this House and accompanied by a full economic impact assessment. I commend this order to the Committee.

Missing Asylum Seeking Unaccompanied Children

Debate between Lord Murray of Blidworth and Lord German

Monday 10th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I reassure the noble Lord that we take the welfare of children in our care very seriously. The point is that those children are held at the Kent intake unit for only as short a time as possible. Of course, the age of the children held at that unit can be anything up to 18 years old and, as this House knows from repeated answers, the majority of those passing through that unit are in the upper end of the available age bracket.

[Lord German (LD)]

My Lords, in response to my noble friend’s question earlier, the Minister said that local authorities could carry out their responsibilities under Section 17 of the 1989 Act—but how on earth can they do that if the Home Office does not tell them where these children are located?

[Lord Murray of Blidworth (Con)]

The Home Office does of course notify local authorities of the arrival of children. We have something called the national transfer scheme, of which the noble Lord is no doubt aware, which has seen 4,875 children transferred to local authorities with children’s services between 1 July 2021 and 31 March this year. That is over six times the number of transfers as in the same timeframe in previous years.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord German

Report stage
Wednesday 28th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I have listened very carefully to what the noble Lord has said and I will certainly take it back to the department.

[Lord German (LD)]

My Lords, this has been a very interesting but short debate. It is interesting that once again we focus on evidence. I often find it strange in this House when people are asked to make judgments about very important matters, particularly affecting young people, and we are not provided with the evidence.

It is not just four times that the noble Baroness, Lady Lister, has asked. It is probably four on top of four and many times beforehand. She always asks for this in a very decent manner. It is so important that we have that information in order to make judgments about legislation we are being asked to approve or to change. It is not good enough for the Government to say, “Take our word for it”. They should provide that evidence as we would normally expect, at the right time and in the right place. We are now moving rapidly beyond the place where it will be in demand. I dread to think about the devices that one uses in the legislative process that allow us to keep coming back to this matter until such time as we can deal with that evidence.

On the amendments I was talking to, I think I have had a partial answer in that the Detention Centre Rules 2001 are to be followed, so that is something about standards. The bit that I did not have answered was what the difference would be between detention and the places where people will be held or provided with accommodation. In the case of the barge that I told the House about earlier, the only difference was that there would be no curfew and the gate would be closed. That seems the only difference in the standards between the two.

It is a matter that I will keep coming back to, but I am minded to withdraw. Before I do, I say to the noble Baroness, Lady Mobarik, that on these Benches we are certain that if she were to move these to a vote we would support her. The issues she has raised are crucial, especially as we lack the evidence for anybody to say that the case being made has been dealt with appropriately. If I could encourage that, I would be very grateful. In the meantime, I withdraw Amendment 49.

Illegal Migration Bill: Economic Impact Assessment

Debate between Lord Murray of Blidworth and Lord German

Tuesday 27th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Lord. The answer is that there are no other options. The option before the House tomorrow and on succeeding days is the Bill; the alternative is the present scenario, which is not tolerable, in the Government’s view. On the questions about the timing and context of the impact assessment, it was drafted, obviously, in the context of the need urgently to address the dangerous and illegal crossings of the channel. Accordingly, the legislation and the IA were prepared in order to address that problem at speed. It is also the case that the Rwanda scheme was the subject of a legal challenge in the courts, and clearly it was appropriate to take that into account in preparing the impact assessment.

On the question about whether the impact assessment complies with government guidance, I suggest that, in the context of the Bill, it does. It sets out, so far as can be ascertained, the likely impact. But this Bill, like others, is predicated on a strong theory of deterrence, and it is therefore important to note that it is hard empirically to provide detailed statistics, because the purpose of the Bill is to deter the illegal crossings, as the noble Lord acknowledges.

[Lord German (LD)]

My Lords, it is no wonder that we have had to wait so long for this impact assessment, because it makes very uncomfortable reading for the Government. It tries to justify the unjustifiable by leaving out the costs of so many pieces of the project. It is certainly not rigorous: uncertainty is mentioned 24 times and the Government have looked at only one option. As the House heard in Committee, the Government could have made other choices. This IA cements in uncertainty because it fails to provide a sensible view of the cost consequences, given the outcome of a policy that does not distinguish between those fleeing for their lives and safety, and others.

The impact assessment does not measure the impact on local authorities. It does not measure the impact on the budget of not having the third countries to remove people to, with people having to remain in limbo. It also does not measure the impact on children and the victims of modern slavery, who are not able to obtain protection and support. In essence, this impact assessment has more holes than a Gruyère cheese.

Are the Government diverting resources from reducing the backlog in order to resource the implementation of the illegal migration legislation? That comment has been made in the media throughout the last week: people are being diverted from reducing the backlog in order to make sure that the Bill is resourced.

The impact assessment is clear that, if the deterrent does not work and the numbers arriving do not change, costs will be higher, so why has the range of costs left out the development costs to implement the project? Where is the cost in this assessment of containing more—

School Trips to the United Kingdom

Debate between Lord Murray of Blidworth and Lord German

Monday 19th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Clearly, there has been a reduction in the number of organised school groups coming to the UK since 2019. However, it is likely that socioeconomic factors such as the cost of living and the ongoing Covid recovery are having an impact on school groups coming to the UK. As I said, on 10 March, at the summit between the Prime Minister and the French President, the UK committed to easing the travel of school groups to the UK. That includes consideration of changes that would permit the use of national identity cards for French schoolchildren travelling on organised trips, and potentially waiving UK visa requirements for their classmates who may be visa nationals.

[Lord German (LD)]

My Lords, although the French arrangement is welcome, the Government support the transfer of pupils from the UK to the EU through the collective passports regime—obviously not for all countries, but for a large number. Is it the UK Government’s ambition to replace that system for students coming to the UK from countries throughout the EU? If so, do they intend to put forward a replacement at the earliest opportunity, so that the lost income, support and knowledge of the United Kingdom among young people can be replaced by a workable system?

[Lord Murray of Blidworth (Con)]

Although collective passports remain government policy, it is perhaps of note that a number of signatories to the 1961 Council of Europe treaty that underpins their use have already indicated their intention to move away from accepting collective passports. These include Bulgaria, Estonia, Portugal, Luxembourg, Romania and Slovakia. This is perhaps unsurprising, given that collective passports seem to be out of step with advanced passenger information requirements, as required by the EU’s ETIAS scheme and our electronic travel authorisation. Continuing to use collective travel documents is unlikely to be compatible, and therefore agreements of the type that the Prime Minister agreed with France would seem to be a satisfactory way forward.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord German

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The noble Baroness raises an important point. It is obviously right that our guidance reflects the special needs of disabled people in accordance with our duties under the Equality Act. That will continue to be the case. I hope that provides some reassurance for the noble Baroness.

[Lord German (LD)]

My Lords, this has been a very interesting debate, not least because I have seen two lawyers agreeing with each other after having a debate of 10 or 15 minutes about a point of law. It is a fascinating experience.

To turn back to the amendments before us, I thank everyone who participated. In the response the Minister just gave, there are a number of matters which I would like to ask him about. If I understood correctly, he said it is the intention to only allow detention in line with the Immigration (Places of Detention) Direction 2021. I think that is what the Minister said. He then immediately said that, after this Bill is enacted, we will amend it—we will uprate it. I do not quite understand what the uprating mechanism is and why you need to uprate a direction you presently agree with. It would be helpful if the Minister could say what he means by uprating and if they are following the Immigration (Places of Detention) Direction 2021—which, I acknowledge, is the right thing to do.

On Campsfield and Gosport, the Minister said that the capacity would be increased. Could he give an indication of the numbers of places there will be in each of those, or the total for both.

Finally, I have what I consider a bit of a non sequitur, but the Minister said it several times and repeated it today. He said that return agreements are not a prerequisite for returns. I did not quite understand that because if you want to return somebody, you need an agreement that they will be taken. That seems to be an agreement. It was a bit of a non sequitur and certainly did not fall within the wonderful statements we had from the noble and learned Lord, Lord Bellamy, about these matters earlier. If the Minister could address those three questions, I will then be in a position to deal with the amendment.

[Lord Murray of Blidworth (Con)]

As I hope I made clear, once the Bill is passed, the direction will need to be updated, rather than “uprated”. It will reflect the new provisions and any new detention facilities that are available to be utilised at that point. I am afraid that I am not in a position to give the noble Lord an indication of the size at this stage.

On returns agreements, as I think I made clear in a previous group on the second day in Committee, there are different relations with various countries, so circumstances can arise where people can be returned to countries with which we do not have a formal returns agreement. I can write to the noble Lord in more detail on that subject.

[Lord German (LD)]

I thank the Minister for his answer. It would be helpful to know whether the matter of capacity of the two places is just unknown or whether it has not been concluded yet. If that is the case, I presume that the Minister could tell me at some stage what the capacity is.

This has been an important debate and I am sure we will return to it on Report. On the basis of those answers, I beg leave to withdraw my amendment.

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[Lord Murray of Blidworth (Con)]

I am grateful for that clarification.

[Lord German (LD)]

My Lords, it has been an interesting debate in which it appears there has been one speaker against and everybody else in favour of changing the Government’s proposal.

To sum up the discussion, with the exception of the Minister, the key issues have been the impact of detention on children, that this is a backward step, that it is not in line with the United Nations Convention on the Rights of the Child and that no evidence is given of a sufficiently robust nature to state the objectives of these clauses. To sum it up in a single phrase, “We are going to lock children up to deter the boats”. The rationale of locking up children has just been put to one side. It is a backward step. Therefore, I am sure we will return to these matters at the next stage of the Bill. In the meantime, I beg leave to withdraw my amendment.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord German

Committee stage
Wednesday 7th June 2023 Lords Chamber

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, Clause 7 makes provision for a removal notice to be given to a person and specifies what information this must contain. Each notice must specify that the individual is to be removed under the duty, be clear on their destination and set out a claim period in which to make a factual suspensive claim or a serious harm suspensive claim. That is, of course, suspensive of removal.

The noble Baroness, Lady Hamwee, described her Amendment 55 as a probing amendment, seeking to elicit our intentions as to the order in which individuals will be removed from the UK under the duty to remove in Clause 2. The whole purpose of the Bill is to remove persons who satisfy the conditions as soon as practicable. On the day of commencement, we will be dealing with two separate cohorts. First, there will be those who enter the UK illegally on or after the commencement date. Putting unaccompanied children to one side, as we already have debated how they will be considered, our aim will be to process new arrivals as quickly as possible as they arrive. Clearly, the speed with which individuals are removed will depend on whether they consent to a voluntary departure or, if not, whether they make a suspensive claim. Secondly, as we have discussed, the Bill will have a retrospective effect and the duty to remove will apply to those who entered illegally on or after 7 March this year. Where, in the case of this cohort, any asylum or human rights claim has not been decided by the commencement date, we will commence removal action in accordance with the duty in Clause 2, in parallel with the enforcement action that is being taken against new arrivals.

I assure the Committee that the necessary planning is under way to support the effective and efficient implementation of the Bill, which will ensure that we have an integrated and robust end-to-end process from arrival through to removal. This will cover the use of detention, case-working operation, management of appeals and the logistics associated with the returns themselves. I agree with the noble Baroness that development of robust guidance and training will be a key component across all of this. However, while work on implementation is well under way, we should not get ahead of ourselves. First, we must get the Bill on to the statute book in a form that is operable. We cannot be legislating for a scheme that is so full of holes that it is unworkable.

Amendment 55A seeks to probe how the process will operate, should an individual indicate that they do not wish to make a suspensive claim. If an individual notifies the Secretary of State that they do not intend to make a suspensive claim, the person may be removed to the country or territory which they have been given notice of. As the noble Baroness suggests, such notification may be to an immigration officer or a Home Office official. Where it is given orally, it will be duly recorded. I hope that affords an answer to her point.

Amendment 56, tabled by the noble Lord, Lord Coaker, would set out in statute two additional requirements to the notice, which must be given to the person before they may be removed—that it is provided in a language which they understand and provides information on how to access legal advice. It would be prohibitively expensive to provide translations of decision notices in all possible languages and dialects up front, and there would be a time delay in doing this on an individual basis. It is therefore more efficient to work with interpreters. It is already our current policy to ensure, when serving notices in person, that the contents are explained to the individual in a language which they understand, using interpretation services where required. We also provide information on how to access legal services where relevant.

On the question of legal advice, I reassure the Committee and the noble Lord that, in giving this notice, we will ensure that we also provide information on how to access any legal advice which individuals are entitled to and on how to make a voluntary departure. We will discuss this further in relation to the legal aid provisions, which will come before the Committee in the next few days. Therefore, it is unnecessary to put these additional requirements into the statute.

Amendment 57, in the name of the noble Lord, Lord German, deals with the legal obligations that these provisions place on transport operators. The noble Lords, Lord Davies and Lord Paddick, the noble Baroness, Lady Jones, and my noble friend Lord Balfe raised the same point. This amendment, as the noble Lord, Lord Davies, pointed out, overlaps with his own group of amendments, which we are debating in the next group. I hope that the noble Lord, Lord German, will be content if I deal with the substance of his Amendment 57 when we reach Amendment 57B.

Amendment 57A seeks to test the drafting of Clause 7(8), where it refers to a vehicle being

“specified or indicated in the direction”.

A direction “specifying” a ship, train, aircraft or vehicle may refer to a particular ship et cetera scheduled to depart at a specified date and time, whereas a direction “indicating” a ship may be a more generic item, for example, specifically or simply referring to a flight to depart that day rather than to a particular flight. Moreover, I point out that the drafting here is drawn from and reflects long-established terminology used in Schedule 2 to the Immigration Act 1971.

I will deal briefly with Clause 9. It simply makes a number of consequential amendments to existing immigration legislation to ensure that it works smoothly. There is no contradiction alongside the new provisions for removal in the Bill.

To respond to the noble Lord, Lord German, persons served with a removal notice will have eight days to submit a suspensive claim beginning from the day that they were given such a notice. We will come on to Clause 54 in due course; as I have already said, it provides for free legal advice for those issued with a removal notice. To answer the noble Lord, Lord Bach, persons subject to the duty to remove will have access to advice.

[Lord German (LD)]

I was interested in two stages. The Minister has talked about when the notice of removal is issued. Presumably there is also a statement of inadmissibility when you have arrived, because it takes some time to prepare the document or whatever the detail is for a removal certificate or notice. Is there an earlier notice? If so, is that the place where people can seek advice?

[Lord Murray of Blidworth (Con)]

I do not have the answer to that at my fingertips but, if I may, I will revert to the noble Lord with it. I suspect that the availability of legal advice will be drawn to the attention of individuals at the earliest possible time, but I will check that point and come back to the noble Lord.

In conclusion, the noble Lord, Lord Coaker, made some valid points on which I will further reflect. I hope I have at least gone some way to respond to the probing amendment of the noble Baroness, Lady Hamwee. On that basis, I ask whether she is content to withdraw her Amendment 55.

[Baroness Hamwee (LD)]

My Lords, it is Committee stage and, as the whole Committee knows, that is what I will do.

On this amendment, the Minister said, possibly twice, that things will be done “as soon as practicable”, but we know that not very much is practicable. It sounds like a parallel, idealised—well, it is not ideal to me but it may be in the Government’s mind—universe where all is possible. On the previous group, my noble friend referred to being somewhere within the wizardry of Oz. I do not know who is which character, and perhaps it would be inappropriate to speculate. However, the point about uncertainty in the minds of the individuals concerned is serious, which is why I made it earlier.

I do not think the Minister answered my question on Amendment 55A about whether notification can be given by a representative of the individual and whether that has to be a legal representative or could be a support worker from an organisation in the sector. Is he able to respond to that now?

[Lord German (LD)]

I also asked a question to which the Minister did not reply, about a person escaping from South Sudan via Kenya. Kenya would be treated as an unsafe country because it is in Schedule 1. Could the Minister respond to that when he has a moment?

[Lord Murray of Blidworth (Con)]

I apologise for not answering the noble Baroness’s question. Yes, is the answer; representatives could be provided in that way.

To reply to the hypothetical situation that the noble Lord referred to about someone from South Sudan travelling via Kenya, it would depend on the facts of the specific case and whether the conditions were met. It is perhaps not directly relevant to the debate we are having on this amendment, but I am happy to consider that hypothetical in more detail and write to the noble Lord.

--- Later in debate ---

[Lord German (LD)]

We are discussing the issues raised in the previous group and I accept that the Minister wants to talk about them now. I also accept that there are provisions in existing law. Perhaps the Minister can tell us why, therefore, the Government need to put these provisions into the Bill if there is already legislation that stands by that. The difference that I can perceive is the requisitioning of services, particularly transport services. That may be slightly different from what we had before. If the Minister cannot say exactly why these provisions are needed, because they are already in existing powers, there is no point putting them into the Bill.

[Lord Murray of Blidworth (Con)]

The powers in Schedule 2 to the Immigration Act will continue to apply to those being removed who are not subject to the new duty in the Bill but are otherwise liable to removal from the UK. The powers in the Bill will relate to those who fall within the cohort in Clause 2. They provide clarity and certainty by being present in the Bill in this context. It is also clearly right that the 1971 Act powers need to be applied to the Bill, so that is the purpose for their inclusion. I hope that answers the noble Lord’s question.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord German

Committee stage
Wednesday 24th May 2023 Lords Chamber

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, Clause 1 sets out the Bill’s overarching purpose and provides an overview of the provisions in the Bill. The purpose of the Bill is to prevent and deter illegal migration and, in particular, migration to the UK by unsafe and illegal routes, by requiring the removal from the UK of individuals who arrive in breach of immigration control.

Subsection (2) then summarises the key provisions of the Bill that advance this core purpose, including the duty on the Secretary of State to make arrangements for the removal of persons from the UK who meet the conditions in Clause 2.

The numbers arriving on small boats in 2022 exceeded 45,700, and, as I set out at Second Reading, the Bill is essential to deal with these illegal, dangerous and unnecessary channel crossings. Putting the purpose of the Bill front and centre, right at the start of the Bill, will make it abundantly clear to all, including the illegal entrants themselves, NGOs, the courts and others, what Parliament’s intent is in enacting this Bill. As subsection (3) provides, the subsequent provisions in the Bill should be interpreted by the courts and others in line with this statutory purpose. Again, it is incredibly helpful to make this explicit on the face of the Bill, although I should add that subsection (3) simply reaffirms the established principle that the courts and others should interpret the Bill to deliver its purpose.

To assist this purpose, Clause 1 also disapplies Section 3 of the Human Rights Act 1998. As I have already explained in the previous debate, the disapplication of Section 3 will ensure that the Bill’s provisions will be interpreted to meet the legislative intent of Parliament, rather than strained interpretations by the courts to achieve compatibility with convention rights.

The noble Lords, Lord German and Lord Paddick, asked about the impact assessment. We have already published an equality impact assessment and will publish an economic impact assessment in due course. The noble Lord, Lord German, referred to the purported impact assessment published by the Refugee Council. We do not recognise the assumptions and costs referenced in that document. Any assessment of the impact of the Bill must also acknowledge the cost of not proceeding with it. Our broken asylum system is costing this country £3 billion a year, and over £6 million a day in hotel costs. This cannot continue. The noble Lord also seems to be labouring under an assumption that Clause 1—

[Lord German (LD)]

The noble Lord has made two points. I am particularly asking about this sentence in the Government’s ECHR memorandum—so the Government’s position. It says at paragraph 1.5 about the removal of Section 3 of the Human Rights Act:

“This does not affect the Government’s assessment of compatibility of the Bill with the Convention rights”.


Article 5 of the convention clearly states:

“Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court”.


So is the paragraph in the memorandum compatible with what I have just read out? If so, it means that when people are detained, they will be able to take their cases to a court in this country.

[Lord Murray of Blidworth (Con)]

The answer to the question, if I have understood the noble Lord, is yes, but I think he misinterprets the purpose of Section 3 of the Human Rights Act. It is not the clause by which the articles of the European Convention on Human Rights are reflected in UK domestic law. Section 3 of the Human Rights Act invites a court to construe parts of other domestic statutes or secondary legislation compatibly with convention rights. It does not mean that this is the mechanism by which convention rights are actionable in UK law, which is the standpoint that I think the noble Lord, Lord German, appears to suggest is the basis for his point. I fear that, as a matter of legal analysis, I think that to be wrong.

The noble Lord also seems to be labouring under an assumption that Clause 1 somehow upsets the separation of powers. It does not. It simply makes it clear that in interpreting this legislation, judges should seek to advance the purposes of the Bill. The Bill, and actions taken under it, are still clearly capable of review in the courts, and individuals can seek to prevent their own removal by making a suspensive claim. So, the courts are still involved, and regulations are still subject to approval by Parliament. I hope the noble Lord can rest assured that on closer inspection, this Bill leaves our separation of powers undisturbed.

I also want to pick up on a point made by the noble and learned Lord, Lord Hope, who suggested that the Bill prevents human rights challenges. This is simply not the case. The Bill provides for two kinds of challenges that would have the effect of suspending removal. Other legal challenges, whether on European Convention on Human Rights grounds or other grounds, are not precluded, but they do not suspend removal. As I have indicated, Clause 1 makes the purpose of the Bill crystal clear for all to see. This will help to guide all decisions made by officials and immigration officers, Ministers, the courts and others in giving effect to the Bill. I commend the clause to the Committee.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

The Government do not recognise the figures in the purported impact assessments provided by the bodies that were referred to, such as the Refugee Council, because we do not recognise the assumptions and costs referenced in them. Furthermore, those documents do not acknowledge any assessment of the impact of the effect of not proceeding with the measures in the Bill.

[Lord German (LD)]

What is the Minister’s definition of “soon”, which he said was when we would receive the impact assessment? Will it be before the end of Committee, before the start of Report or after Report and before Third Reading? Perhaps he could be more explicit.

[Lord Murray of Blidworth (Con)]

The impact assessment will be provided when the decision is taken that it is appropriate to disclose it.

--- Later in debate ---

[Lord German (LD)]

Does the Minister therefore think that it is appropriate that the body which is deciding about this Bill—Parliament—should receive the impact assessment, and should that impact assessment be with us before we complete Committee on the Bill? Surely that is appropriate. It is not for the Government to decide. It is for the Government to make their case to Parliament. If they cannot do so, because they have not got the document, because the document is not sufficiently robust or because it is not available, then the Minister should be able to tell us that right now, so that we know the basis on which we are judging this Bill.

[Lord Murray of Blidworth (Con)]

I am afraid that I can tell the noble Lord only that it will be published in due course and that this is entirely normal.

Ports and Airports: Queues

Debate between Lord Murray of Blidworth and Lord German

Tuesday 28th March 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I say, and as I said to the noble Baroness on the last occasion, we take the view that it is more efficient in terms of flow for all the categories that are allowed to use the e-gate to do so. That includes our friends in America, the Five Eyes nations, Japan, Singapore and South Korea. They may all use the e-gates and this accelerates the flow through our airports. There is nothing to be gained in the view of the Home Office by providing lanes on the basis that the noble Baroness adumbrates. I can reassure her that we are not in the business of retaliating when countries wish to include British nationals in a separate queue.

[Lord German (LD)]

My Lords, in the meantime, while we wait for the nirvana which the Minister has outlined—I have waited for well over an hour just to get through an e-gate—one of the things that could be done is to improve the software so that you do not have to attempt once, twice, three times in order to get your passport to work. The number of failures in that system is so great that it is, in fact, creating queues artificially. As the Minister will know, now that 10 year- olds can use the e-gates, we are going to have more people queueing, more second attempts, and more third attempts. Will the Government do something about the software while we wait for this nirvana?

[Lord Murray of Blidworth (Con)]

I hate to point out to the noble Lord that in many cases a failure of the passport to be read by the e-gate is often due to a lack of care taken with the passport by the owner. In many cases, I am afraid the e-gate works perfectly well. In due course, we plan for the e-gates to open simply on recognition of the noble Lord’s face.

Asylum Seekers: Syria, Afghanistan, Eritrea, Iran and Sudan

Debate between Lord Murray of Blidworth and Lord German

Tuesday 24th January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The principle is clear in the refugee convention that people claiming asylum need to be in the country in which they seek refuge, having come directly from that country. While we sympathise with people in many difficult situations around the world, we are not bound to consider asylum claims from the large numbers of people overseas who might like to come here.

[Lord German (LD)]

My Lords, we learned from the Home Secretary and her team giving evidence to the Home Affairs Select Committee that a hypothetical 16 year-old orphan from an African country such as Sudan or Eritrea fleeing war and religious persecution, with siblings legally in the United Kingdom, has no safe or legal route to seek refuge in the United Kingdom. Why has this happened?

[Lord Murray of Blidworth (Con)]

As the noble Lord will have heard in my recent Answer, the principle is that you claim asylum in the first safe country you reach. The question Mr Loughton posed at the Home Affairs Select Committee is answered like this: depending on the country you are from, you could engage with the UNHCR; that would be a way of getting leave to enter the UK in order to put in an asylum claim, but clearly, there are some countries where that would not be possible.

Immigration (Leave to Enter and Remain) (Amendment) Order 2023

Debate between Lord Murray of Blidworth and Lord German

Tuesday 17th January 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, the order, laid before the House on 7 December 2022, is required to enact one very minor change to the legislation which sets out the form and manner by which leave to enter the United Kingdom is granted and refused. It will amend the eligibility criteria for people seeking to enter the United Kingdom via an automated e-passport gate, or e-gate, so that eligible, accompanied children as young as 10 may do so. The lower age limit in the present instrument is 12.

This statutory change is needed to enable a limited trial to take place in the February half term, which will examine whether the lower age limit for entry via an e-gate should be 10 years, rather than 12, moving forward. We hope that this will have the effect of accelerating the passage through the airport of families with children aged 10 and 11. In order to carry out the limited exercise—the pilot—it is necessary in law to first pass this order.

The proposed proof of concept exercise will take place, as I said, in the February half term. It will be limited to three airports: Stansted, Heathrow terminal 5 and Gatwick’s north terminal. Once completed, the Home Office will make an assessment of whether the lower age limit of 10 should be more widely adopted.

The Government’s ambition for our future border involves making maximum use of automation. The majority of passengers will routinely cross the UK border using automation as their only point of contact. Indeed, this ambition was set out in last year’s New Plan for Immigration strategy, in which the proposed proof of concept involving younger passengers was made public. Increasing, in a controlled manner, the number of passengers eligible to use an e-gate is a logical next step.

Noble Lords will be aware that some form of automation is already used by large numbers of people passing through the UK border. Indeed, there has been significant widening of the pool of nationals eligible for e-gate entry in recent years. The e-gates started in 2008 and there has been progressive expansion. A previous amendment to the 2000 order in May 2019 extended e-gate eligibility to visitors from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States of America.

The continued use of e-gates should be seen in the context of the development of our new global border and immigration system, which makes better use of data, biometrics, analytics and automation to improve security and fluidity across the UK border. The use of e-gates is an important part of that approach, as they provide a safe, secure and efficient means of processing arriving passengers, allowing our highly trained Border Force officers to focus their efforts on those who seek to abuse or exploit the system and those who are vulnerable, as well as wider border threats.

For eligible families with young children, there are obvious advantages to being able to enter via an e-gate, in that they may enter the UK swiftly and effectively without having to queue to be seen by a Border Force officer. We believe that this in turn benefits others by minimising queuing times and bottlenecks at busy UK ports, especially at peak times of the year, such as half term or the summer school holiday season.

There are a number of important questions that must be answered before a permanent lowering of the lower age limit. These include whether children aged 10 and 11 have the cognitive ability to use the technology efficiently and, indeed, whether the technology is able to process such young passengers. It is because of these and other considerations that we must first conduct this short trial, which will be closely monitored by officials and have its results rigorously analysed.

Needless to say, the Home Office takes most seriously its statutory duty to safeguard and promote the welfare of children. We will use the live trial to consider whether there may be any unintended consequences for the welfare of younger passengers, such as anxiety if they become temporarily separated from their parents. To be clear, there will be no decision to extend e-gate eligibility to younger passengers if we consider that doing so would expose them to any safeguarding risks that cannot be mitigated.

Although this amendment enables us in law to allow eligible passengers younger than 12 to use an e-gate, it does not confer a right on those passengers to do so. It does not mean that passengers aged 10 and 11 must be able to use an e-gate at any UK port with that facility. Eligibility will be limited to accompanied 10 and 11 year-olds of eligible nationality at the three participating ports, and only for a 14-day trial period. At other ports, the lower age limit will remain where it is currently set: at 12 years of age.

This order enacts the most modest changes to its parent legislation but allows for a significant next step to be taken in developing a secure and smooth border that demonstrates to the rest of the world that the UK is open for business. I commend it to the Committee.

[Lord German (LD)]

My Lords, I recognise that this is a very small change to the legislation but I am of course tempted to stray into other immigration and right-to-remain areas. However, temptation is not necessarily the best way of approaching this order so I will stick to the instrument before us.

The first thing I want to say is that I have just returned from a parliamentary delegation. My delay was such that I was not able to find any transport whatever from Heathrow Airport; I would have had to sleep on the floor had I not been able to take a taxi. The reason for that was the snaking queues. If you extend the eligibility, which is a reasonable thing to do, you must have a sufficiency of e-gates. Clearly, there are insufficient numbers at Heathrow. This happened late at night but it could have been early in the morning, or whenever; I have experienced the queue being quite extensive probably three or four times in the past five months. Extending the queue by giving more people this opportunity does not solve the real problem, which lies in an insufficiency of e-gates.

There are a number of related questions about children. I have observed them queueing with their families to get through on a separate basis. I have also observed people who are elderly or need support being helped by a family member to make sure that they put their passport in the slot and withdraw it in the right way. It is not easy to do that. The main support that was given was having an official standing by who could tell people exactly what to do. I wonder whether there are sufficient staff to handle an increased number, given the difficulties already being experienced.

It is likely that, when people put their hand on their passport and put it on to the reader, it will not work the first time. I have never had a reader work with mine the first time—well, perhaps once. It has always been after two, sometimes three, attempts. That is nothing to do with me because my hand is in the same place and it is the same passport. I have never understood why it fails each time then, on a subsequent occasion, putting it through works. That may be the technology; it has worked on the first occasion in other countries but not here in the UK. I have no idea why that is.

The efficiency of the e-gate system needs to be improved as well. I observed in front of me, having had plenty of time to watch as the queues lengthened, how many people had to go through more than one attempt to get the gate to open. It needs to be improved in efficiency. I would like to understand, if the Minister can tell us, whether gate efficiency can be improved and what the problems are in the second, perhaps third, attempt to get them to work.

The other problem that this test check of an age group will come against is when families have one child of 10 and an eight or seven year-old. They are not going to separate; they are going to take them together. You have to have a family in which there is a 10 year-old and any other children have to be older than 10. While it will be an experiment, I have no idea—perhaps the Minister can tell us—of the number of families coming through with only children aged 10 or older with them and who will be able to take advantage of this.

The other question I have is about the height of individuals. Anybody who has taken any children to a theme park will know that they have measures of height by which you can take part in certain rides. When you come to the positioning of a child against it, is there a height problem for younger children who are perhaps small in stature and will have to put their hand almost as high as their head to get their passport in? Will the machinery accept that? I hope all of this has been thought out. If it has not, it will probably become clear when the experiment takes place.

My final point concerns what you might call an ESTA approach in USA terms—that is, where you have to complete a document in advance to visit. Will the system already have the ability to understand such a certificate when the UK introduces them? Will it already be built into the software? I think it applies to every country—apart from the UK and Ireland, obviously—that currently has the ability to use these e-gates. As I understand it, there will be a requirement—the Minister can confirm this—to fill in an ESTA-type document that deals with your entry. Will the software in the e-gate system accept that, so that the people going through will already have had that check, or will anybody with one of these certificates have to be peeled off and sent to another means of manual checking?

There is automation, obviously. Anything that can be done to speed up the system of getting people through into the United Kingdom properly and swiftly will be welcome. The only question is whether these will all be tested in the experiment that is about to be undertaken. Could the Minister address those specific issues—height, the ESTA-type certificates, the shortage of gates and whether there will be sufficient assistance—in replying to this debate? Otherwise, I am satisfied that this is a reasonable thing to do.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I thank both noble Lords for their helpful contributions. I will certainly seek to address all the questions asked.

I will deal first with the points raised by the noble Lord, Lord German. By way of context—this also answers a couple of the points from the noble Lord, Lord Coaker—the pilot is for two weeks, or 14 days, during the half term and on those three specific sites. During the operation of the pilot, staff from the relevant team will be supervising so any problems will be swiftly rectified. As I am sure noble Lords are aware, the e-gates are clear glass, so the separation of people from one another is always limited to that clear glass and can be rectified very swiftly if necessary.

It is anticipated—I say this as the father of 10 year- old twins—that the average 10 year-old will have very little difficulty operating the e-gates, given their technical proficiency in many other things. Indeed, they may be better than some older age cohorts at successfully operating the e-gates. It is a usual experience that most families will put the children through the e-gate first and supervise the placement of the passport. It will be interesting to see the extent to which that happens during the pilot. That certainly seems to be the logical way to approach it.

At the relevant part of Heathrow where the pilot is taking place, there are 25 e-gates. It is felt that this is sufficient. Because it is happening during the half-term period, statistics suggest that there will be a lot of 10 and 11 year-old traffic, so it is a good way to test the system.

I was asked by both noble Lords why and how the age of 10 was selected. It was selected both on a cognitive basis, as we think 10 year-olds can operate it—that is certainly my personal experience—and because, from a height perspective, the technology will fit. We have used ONS height statistics, and we think that will work, but clearly it is something we want to test during the pilot. That is why we chose 10 rather than nine or 11. It has also been the international experience; in other countries 10 is the age and it seems fairly successful.

I will turn to one or two of the other points made by the noble Lord, Lord German. On the question about support, the hosts—the airport staff managing the queues—direct people and support them through the e-gates. They are contracted airport employees. They have been worked with in preparation for this pilot to ensure that they are going to provide sufficient support during the pilot and beyond. We will of course, as I have said, ensure increased support during the pilot.

Regarding what we are calling electronic travel authorisations—this is our version of the ESTA—when they are introduced the e-gates will be able to confirm the types of permission held before they allow somebody to enter the UK. I suspect that is the answer the noble Lord anticipated. I have already made the point that the ONS statistics suggest that most 10 year-olds are tall enough to operate the machine.

I turn to the questions posed by the noble Lord, Lord Coaker. At the moment it is anticipated that most children using the e-gates will be accompanied, mostly by their families. On the question about school trips, clearly it would be appropriate for a small school trip but maybe not for one with a large number, which would probably go to the primary control point. Again, we will test that through the pilot.

The next question was on how the airports were chosen. They were chosen with some care because, statistically, those three airports have been ones where there has been quite a number of children of those ages in the February half term. Those airports were selected because it will be a real-world test of the system.

Regarding Northern Ireland, we do not believe there are any ramifications in relation to the common travel area particularly. Obviously Irish citizens, as with British citizens, do not require leave to enter but can use the gates to go through the airport. It will be the case that 10 year-old Irish children can use the gates, just as 10 year-old British children can.

On the level of readiness, they have been working towards this pilot since October. It is the department’s view that the training is ready, and we are aiming for this February half-term period. If there is any intervening event, the department is obviously prepared to postpone the pilot if needed.

As to the question of rolling out nationally, the position is that this change does change the regulations. If the pilot is successful and the decision is taken to roll it out nationally, there will be no need for a further regulatory change, but we will obviously keep the House up to date in the event of that decision being made.

Turning to eligible nationalities, I appreciate that it is not clear, because it is just an amending instrument, but in the parent order, the Immigration (Leave to Enter and Remain) Order 2000, SI 2000/1161, the reference in Article 8B is to the schedule to the order. It is not terribly long, so I will read it out. It says that they consist of the EU nations, Australia, the United States of America, Canada, New Zealand, South Korea, Japan and Singapore. Clearly, over time, one anticipates that this will grow.

[Lord German (LD)]

Does that include EFTA—Norway, Liechtenstein, Switzerland and Iceland?