Nationality and Borders Bill

Lord Ramsbotham Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Ramsbotham (CB)]

My Lords, when you are speaking 51st on the Second Reading of a Bill which has already generated much controversy in the other place, the chances are that some other noble Lords will have already mentioned any point you wished to make. That is very true in this case, so I will make only one point, which I beg the Minister to take away and reflect on, because it is borne out by practical experience. I break off to thank James Tobin for a most comprehensive Library briefing.

In 2010, I was asked to chair an inquiry into the death of an Angolan under restraint on an aircraft at Heathrow, on which he was being returned to Angola, guarded by G4S. We were shocked by the poor standard of the Home Office decision-makers and caseworkers involved in returns, to the extent that my committee commented on them in its final report. Worse even than this, there appeared to be no supervision of their work. The arrangements made for families appeared to be better than those for single people, a point which I advise the Minister to respect before embarking on this extremely controversial Bill, about which many noble Lords have expressed their unease.

Nationality and Borders Bill

Lord Ramsbotham Excerpts

Lords Hansard - Part 2 & Committee stage
Thursday 27th January 2022 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, my noble friend Lady Bennett of Manor Castle signed the amendment and has asked me to speak in her place as she is unable to be here.

This is obviously a 50 year-old injustice, inflicted by the UK—by the Foreign Office, as the noble Lord, Lord Horam, suggests, so it might have been good to have a Minister from the Foreign Office here to answer our points. What was done to the Chagos Islanders—deprivation of their lands, dispossession of their community, chaos brought to individual lives—was not limited to one or two generations; it has gone on and on. True reparations would involve the right of return. This is not special circumstances or special treatment. This is justice that we can deliver, albeit very, very late. Simple justice ensures that we take responsibility for people whose lives we took control of without their consent. I hope the Minister can take this back and ensure that it becomes part of the Bill.

[Lord Ramsbotham (CB)]

My Lords, I declare my interest as a founder member and, like the noble Baroness, Lady Whitaker, a vice-chairman of the Chagos Islands All Party Parliamentary Group. Having once had the pleasure of meeting the Chagos Islanders based in Mauritius, I rise to strongly support this amendment. As the noble Baroness, Lady Lister, and the noble Lord, Lord Horam, have explained, this issue is an international scandal for which the Government are entirely responsible.

[Baroness Falkner of Margravine (CB)]

My Lords, I did not have the opportunity to speak at Second Reading and I apologise for that. I declare my interests in the register and want to clarify that I am speaking in a personal capacity, and I will keep my intervention very brief. I agree with every speech that has been made today, but I particularly want to reference some points made by the noble Lord, Lord Horam.

I gave a speech at the Mauritian Foreign Ministry in 2019 in advance of the United Kingdom’s court case. While my speech was wide-ranging about international affairs and Britain’s role in the world generally, I was astonished by the strength feeling that the people present, mainly civil servants working in the Foreign Office, had about this issue. They were not all affected by the Chagossians’ claims—some were, some were not—but there was a national sense of disbelief that a law-abiding, rules-abiding great power in the world was behaving in this shabby manner towards a very small number of people.

I want to pick up on one point raised by the noble Baroness, Lady Lister, about the reason given by the Minister in the House of Commons as to why he would not support the amendment moved there. He said that it would overturn, and set a precedent over, years of British nationality law. My simple response to that is: the Government profess that we are increasingly bringing rights home, in terms of their assessment of the Human Rights Act and so on. But, as the noble Baroness knows very well, our courts are increasingly taking account of precedent with regard to Ministers’ intentions when they speak in both Houses of Parliament —and Parliament’s intentions when it decides to do whatever it decides to do.

So, if she has concerns similar to those expressed by the Minister in the House of Commons about setting precedent, all she would need to do when this Bill comes back to the Chamber on Report is to make it clear in her speech that she does not intend this Act—a humanitarian Act—to set a precedent in any other way. That is all she has do to reassure the House, and the courts will take account of that. I hope she will listen with great sympathy to the speeches on this matter across the House today, because that is what this small number of people deserve from us.

Nationality and Borders Bill

Lord Ramsbotham Excerpts

Lords Hansard - Part 1 & Report stage
Monday 28th February 2022 Lords Chamber

[Baroness Altmann (Con)]

My Lords, I commend the Government, in that this Bill seeks to remedy some long-standing injustices and discrimination in British nationality law. That is why I am so sad that there has been a refusal so far to accept this amendment. The Chagossians are the only category of British Overseas Territories citizens who were expelled and excluded from the British territory in which they lived by the British Government themselves in modern times. I commend the BIOT Citizens group, the noble Baroness, Lady Lister, and my honourable friend Henry Smith in the other place, who called this an “appalling injustice”. He is right.

As others have said, this is a unique case and it sets no precedent, but unfortunately the Government seem to be relying on the cause of the injustice to refuse to remedy that same injustice. I know my noble friend is sympathetic and has empathy with the situation that these good people find themselves in. In his response, could he explain why the Government are refusing, without simply saying that this sets a precedent? Clearly, it does not. There is no other group in this situation. If there is, could the Government enlighten us as to who that group might be? Knowing that this situation arose as a result of Britain wanting to support the United States in the Cold War, and, at this time, as we face global perils, today would be a timely opportunity to remedy this injustice. It is an enormous injustice in terms of the Chagossians’ lives, but tiny in the scope of this Bill. Action would show that we recognise our responsibilities to people we have wronged in the past.

This amendment is wholly reasonable. The noble Baroness, Lady Lister, has tried again and again to change the wording to include stricter time limits, accommodate the Government’s concern and reach some kind of compromise. So I hope my noble friend will be able either to accept it or commit to coming back with the Government’s own amendment at Third Reading. Otherwise, I shall, in good conscience, vote in favour of this important amendment.

[Lord Ramsbotham (CB)]

My Lords, I strongly support Amendment 1, to which I have added my name. I declare an interest as a vice-chairman of the Chagos Islands (British Indian Ocean Territory) All-Party Parliamentary Group. How do the Government have the neck to condemn others for far less, while at the same time standing condemned by both the International Criminal Court and the General Committee of the United Nations for refusing to allow the Chagos Islanders and their descendants citizen rights to return to their homeland, despite promises that they would be allowed to do so after 30 years? I remember, as long ago as 2013, reading out a letter from a Pentagon Minister to the then Foreign and Commonwealth Office Minister saying that the Pentagon had no objection to the return of the islanders to Diego Garcia, being used to having indigenous people living alongside island military bases in the Pacific.

[Lord Horam (Con)]

My Lords, I must correct the noble Baroness, Lady Butler-Sloss, in one regard: the Lib Dems could have done something about this when they were part of the coalition Government. I am not particularly pointing to the Lib Dems: we are all guilty of the shame of what has happened to the Chagos islanders. All three parties, I am afraid, have done nothing to deal with the dreadful situation the Chagos islanders find themselves in as a result of successive Governments of all parties. I hope that my noble friend the Minister—he is having a hard time today, now having to answer this question as well as previous ones, and I really do feel sorry for him—can offer us some hope in this matter today.

My noble friend Lady Williams explained when we discussed this issue previously that the problem is that what we are asking for runs counter to long-standing government policy. However, the truth is that we ourselves created this situation. Surely, long-standing policy should be flexible enough to deal with a problem which we ourselves created. There is no group of people other than the Chagossians in this situation, and that is why we have to be flexible. I know that the noble Baroness, Lady Lister, has looked again at this amendment and drawn it ever more tightly, so that fewer additional problems can arise. I commend her on that effort.

We know from events such as the Windrush scandal that issues such as this are a matter not just of law but of how individual cases are handled in Home Office administration. I do not criticise that administration because I know from my own experience as a Member of Parliament how difficult such cases can be to deal with, and I often sympathise with it regarding the decisions it has to make. However, I would like the Chagossian community to be given some particular form of access to government. Perhaps an officer should be allocated to deal with their problems on a regular basis, so that there is a point of contact in the Home Office whom they can go to as a matter of course. I found during my previous experience as a Member of Parliament that this can make a huge difference to those who often simply want to contact in an easy and friendly way people who understand their problems, having been long versed in them.

I hope that my noble friend the Minister can give us some succour on this administrative issue, as well as on the legal matters. This issue is not going to go away.