Illegal Migration Bill

Lord Paddick Excerpts

Report stage
Wednesday 28th June 2023 Lords Chamber

[Lord Horam (Con)]

My Lords, some extreme language was used throughout Second Reading and Committee and there was very strong emotion. I understand that, because the Bill evokes strong feelings, but I suspect that, beneath all that, there may be more agreement than has been visible in our debate today and in previous debates. The spokesman for the Opposition has not added his name to this amendment and they did not oppose Second Reading, I suspect because there is an understanding that this is a difficult problem that any Government have to deal with. Any Government of whatever stripe have to take protecting the country’s borders extremely seriously.

A great deal of agreement underlies all this. For example, we all agree that there should be better-organised legal routes for genuine asylum seekers than there are at the moment. The main difference between the two sides in this debate is over the role of deterrence. The Government argue that we will not succeed in handling this problem unless there is an element of deterrence.

To bring it up to date—I will respond to the Chief Whip’s desire to be quick—we now all have the impact assessment, which we did not have until the day before yesterday, which points out the Australian example. Australia brought in a law very similar to this, which gave its Government the power to detain people and turn them around, in their case to Nauru and the Solomon Islands—in our case it is to Rwanda—within 48 hours. I asked the Government, reasonably, why we are not doing this. They pointed out that the Australians do not have to pay any regard to the European Convention on Human Rights, whereas we do. In their view, to comply with that, we could not reasonably turn detainees around within 48 hours; we would have to take at least 28 days, as is in the Bill at the moment.

I do not know whether the Government have ticked every box and crossed every T in relation to the ECHR, but it is quite clear that they have made a big attempt to do so. They have clearly taken on board the spirit of what we have agreed, even if not the letter of the law. The Government are in discussions with the European court about the convention. I am interested to know what the Minister can say about the state of those discussions. It is not only the UK but other countries—Italy, Spain and France—that are in discussion, because this is a new problem which is not covered by the original convention. We have to take that into account and realise that there is a real problem here, which is not a lot to do with immigration but is about border control more than anything else, which any Government will have deal with.

In relation to the point made by the noble Baroness, Lady Jones, the Bill in its unamended form, as it is now, passed the Commons with a majority of 59. There is huge public support for what the Government are attempting to do. The latest YouGov poll showed 60% as saying that illegal migrants should not be allowed to claim asylum in this country; only 20% said the reverse, and 20% were undecided. We have to take that into account. As Matthew Parris, who is no one’s idea of a right-wing nutcase, said recently in an article:

“If you oppose the government’s plans to send away those who land, then whether or not you know it you are advocating an indefinite continuation of migrant deaths. And that is cruel”.


It is indeed cruel to allow that continue.

[Lord Paddick (LD)]

My Lords, the refugee crisis in a global one and any sustainable solution needs to be international. If we do not comply with our international obligations, as set out by the noble Baroness, Lady Chakrabarti, we are unlikely to achieve the international co-operation necessary to deal with the crisis. I am afraid I do not agree with the argument put forward by the noble Lord, Lord Lilley, that because other countries do not abide by their obligations, we should not abide by ours either.

The noble Lord, Lord Green of Deddington, talked about the cost. The Government’s own impact assessment says that implementing the measures in the Bill will cost the country more than the status quo. In response to the noble Lord, Lord Horam, the impact assessment says there is an “academic consensus” that there is no evidence that the measures in the Bill will have a deterrent effect. Opinion polls may say that illegal migrants should not be allowed to settle in the UK but we are talking about genuine refugees; we are not talking about illegal migrants.

We support all the amendments in this group and Amendment 5 in particular, which we will support if the noble Baroness, Lady Chakrabarti, chooses to divide the House.

[Lord Wolfson of Tredegar (Con)]

My Lords, I have the misfortune to differ from the noble and learned Lord, Lord Etherton. I know that he will not think that this is any personal discourtesy. Let me take a few minutes to explain to the House why I respectfully disagree.

--- Later in debate ---

[Lord Hannay of Chiswick (CB)]

My Lords, I support the amendment in the name of the noble Lord, Lord Dubs. He quoted a letter that the Minister very kindly sent to me two days ago about the reaction of the Committee on the Rights of the Child of the United Nations. That communication demonstrated that the committee found that if we did not amend the Bill—and the amendment we are looking at now is obviously required—we would be in breach of the Convention on the Rights of the Child. That convention was signed by the late Baroness Thatcher. I do not believe we should be in the business of ignoring the view that we will breach that international obligation we undertook in 1990.

[Lord Paddick (LD)]

My Lords, for the avoidance of doubt, my noble friend Lord Scriven has signed the amendment in the name of the noble Lord, Lord Dubs. All of us on these Benches wholeheartedly support that amendment, in addition to Amendment 15 in the name of my noble friend Lord German.

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, in the spirit of reciprocity, we wholeheartedly support Amendment 15 in the name of the noble Lord, Lord German, as well as my noble friend Lord Dubs’s amendment.

My noble friend’s amendment points out that we should absolutely not rule out unaccompanied children from being admissible if they come via an illegal route. As we have heard from a number of noble Lords, this would not be in keeping with the Convention on the Rights of the Child.

The amendment from the noble Lord, Lord German, is a practical amendment on granting re-entry into the asylum system for those the Government are not able to remove, and we are happy to support it. It would avoid potentially thousands of children, as well as other asylum seekers, being kept in limbo. As he very fairly pointed out, this is a backstop for the Government because, if they are true to their aspirations for the Bill, they will never have to use the noble Lord’s amendment. I look forward to the Minister’s response.