Migration and Economic Development Partnership with Rwanda

Viscount Younger of Leckie Excerpts

Tuesday 20th December 2022 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

My Lords—

[Viscount Younger of Leckie (Con)]

I am sorry to interrupt the noble Lord but I do not believe that he was here at the beginning of the Statement.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I apologise that I am not able to let the noble Lord, Lord Kerr, in; it is not in my power.

As both the Front-Bench questioners mentioned, despite the fact that the Statement makes no reference to it, the judges found that the cases of the individuals affected on the Rwanda flight were handled so chaotically and inappropriately by the Home Office that they should never have been on that flight in the first place. This is interesting when you note the rather slighting way in which the action of the European Court of Human Rights is referred to in this Statement, given that it was absolutely crucial for the rights of those individuals, as acknowledged by our court. None the less, those cases were clearly rushed.

The Prime Minister’s Statement this week on so-called illegal immigration—it should be stated clearly in your Lordships’ House that no person is illegal and every person is entitled to flee and seek refuge in cases where they need asylum—spoke of handling cases in days or weeks rather than months or years. How will the Government fairly, legally and justly handle cases, given what happened in the rushed circumstances of this case?

Statement of Changes in Immigration Rules

Viscount Younger of Leckie Excerpts

Wednesday 19th October 2022 Lords Chamber

[Lord Lilley (Con)]

First, we do have a system of numbers in this country. Does the noble Baroness not know about the national insurance number? You cannot get a job without it. Secondly, I was strongly against identity cards—

[Viscount Younger of Leckie (Con)]

I would be grateful if my noble friend addressed the House rather than turned behind when speaking.

[Lord Lilley (Con)]

I apologise; I am still a new boy, really.

In addition, I was not including overstayers in any of the numbers that I mentioned, so they are in addition to all those numbers.

Ukraine Refugee Visas

Viscount Younger of Leckie Excerpts

Thursday 31st March 2022 Lords Chamber

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

My Lords, the time allowed for this Question has now elapsed. I understand that the Whip wishes to make a point.

[Viscount Younger of Leckie (Con)]

My Lords, before we move on to the second UQ, I urge noble Lords to keep their questions very succinct and short—ideally just one question, possibly two—then hopefully my noble friend will be able to keep his answers short as well. The more Peers who can get in on this important subject, the better.

[Lord Dubs (Lab)]

My Lords, the Minister answering read the whole Statement, which is quite proper, but it took up half the time. Surely that should not eat into our time.

[Viscount Younger of Leckie (Con)]

Could I possibly put the noble Lord right? The Clock started from nought after the Statement was read, so there was a full 10 minutes after the Statement was read.

[Lord Harrington of Watford (Con)]

I assure the noble Lord, Lord Dubs, that I would much rather have the Statement taken as read. I was told that, because it was delivered today, that is not possible. I will try to read quickly before the 10 minutes starts.

Nationality and Borders Bill

Viscount Younger of Leckie Excerpts

Lords Hansard - Part 1 & Report stage
Wednesday 2nd March 2022 Lords Chamber

[Lord Etherton (CB)]

I am afraid that I have been caught rather short on procedure, so I hope the House will indulge me. I did not address Clause 32(5), which is the focus of my manuscript Amendment 45A, but the Minister is now dealing with Clause 32. It would not be appropriate in the circumstances to make a speech on this, but I ask the Minister to respond to two questions.

First, in general terms, what are these acts that are referred to in Clause 32(5) that are criminal and, in some way or other, said to bear upon a quite different issue: sexual orientation, which is an identity? At the moment, it seems as though Clause 32(5) is mixing apples and pears—one on identity, to live a life freely and openly and without fear of persecution, which is what orientation is, and then we have some exclusion or cutting down on acts. I assume that we are not going back 100 years and saying that all those people who are LGBTQI have some inclination to paedophilia: I hope that we are not saying that.

Secondly—

[Viscount Younger of Leckie (Con)]

I am sorry to interrupt the noble and learned Lord, but I think my noble friend is able to answer the questions that he is posing. Moreover, this is Report, so although noble Lords can rise for small points of clarification, it should be no more than that.

[Lord Etherton (CB)]

I have one more point of clarification. Could the Minister explain what the position will be for refugee asylum seekers who are under 16 and for whom any sexual relations would be a criminal offence?

--- Later in debate ---

[Lord Wolfson of Tredegar (Con)]

I am not sure that one generally takes questions on Report. I am newer than the noble Baroness, and I do not want to be rude; equally, I want to maintain the approach of the House.

[Viscount Younger of Leckie (Con)]

My noble friend is correct on that. Noble Lords are guided not to speak after the Minister.

[Lord Wolfson of Tredegar (Con)]

I want to respond to the concern expressed in Committee about the impact the clause would have on vulnerable groups—particularly, for example, female claimants fleeing gender-based violence—and to respond to the right reverend Prelate the Bishop of Durham. Victims of gender-based violence may still be considered to be members of a particular social group for the purposes of making an asylum claim if they meet the conditions in Clause 32(3) and (4). In response to the noble Baroness, Lady Lister, this clause does not therefore mean that women who are victims of gender-based violence are less likely to be accepted as a member of a particular social group: all cases are assessed on a case-by-case basis.

I cannot say, of course, that all women fleeing gender-based violence will always be found to be refugees, if that was the nature of the point that was being put to me. What I can say with certainty is that the structure of the definition does not preclude it. I think I heard, in the way the noble Baroness put the question, that the example was of a woman with “good grounds”. If she is asking, “Will this application be accepted?” good grounds is not the test and therefore, if good grounds is part of the question, I am afraid that that is why I necessarily gave the answer I did. I think if the noble Baroness looks at Hansard, she will see that I have now, again, answered the question directly.

I turn to Amendment 45A from the noble and learned Lord, Lord Etherton. It is vital that we provide protection to those in the UK who require it as a result of persecution they would face due to sexual orientation, but I suggest that it goes without saying that protection must not be afforded on the basis of one’s sexual orientation where the acts in question are criminal in the United Kingdom. I shall deal with both his points.

First, I note the explanatory statement on the amendment. For those who have not seen it, I shall summarise it. The obviously well-meaning intention of this amendment is to prevent applicants under the age of consent in the UK being excluded from refugee protection—I hope I have understood that correctly. I reassure the noble and learned Lord and the House that line 9 of Clause 32 does no such thing. That is because, although an asylum applicant may be under the age of consent in the UK, they can still be persecuted as a result of their sexual orientation. For example, a 15 year-old homosexual applicant may still be recognised as a member of a particular social group should they meet the requirements of Clause 32, even though they are not legally able to consent to sexual activity in the UK. I distinguish in this regard—I hope this is helpful to the noble and learned Lord—between sexual orientation and sexual activity. In that context, I come to the other point.

Let me say what should not need to be said—of course this is not the noble and learned Lord’s intention—but we are concerned that, as drafted, the amendment could allow convicted paedophiles and other convicted sex offenders to be granted refugee status in the UK, solely on account of their criminal acts relating to their sexual orientation. Of course, that is not the intention of the amendment: we are concerned that it is an unintended consequence of it. I hope that what I have said already deals with the intention behind the amendment and reassures the noble and learned Lord.

Lastly, I come to Amendment 46. Clause 36 provides the interpretive framework for Clause 11, which sets out Parliament’s position on Article 31(1) of the refugee convention. Clause 36 is still relevant in terms of providing the UK’s interpretation of key terms in Article 31 of the convention, such as immunity from penalties, so it is not just there to serve Clause 11, which was the first point made by the noble and learned Lord. The convention does not define what is meant by coming “directly” or “without delay”. Again, we have taken the opportunity to define those terms. We have taken into account that group 2 refugees will still be protected and not refouled, and will receive relevant entitlements so that the object and purpose of the convention are upheld.

Clause 36 is clear that there is discretion not to grant differentiated entitlements where a person could not reasonably be expected to have claimed in another safe country or where a person made a claim as soon as reasonably practicable. I made points earlier as to discretion and individual assessment. So this does not necessarily rule out the position taken by the House of Lords in R v Asfaw; it will all turn on the particular facts of the case.

Finally, I will prevail on the Home Office, I hope, to write to the noble Baroness, Lady Lister, on the point she raised. For these reasons, and with apologies that it has taken a little longer than I anticipated, I respectfully invite the right reverend Prelate to withdraw his amendment.

Domestic Abuse Bill

Viscount Younger of Leckie Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Baroness Stroud (Con) [V]]

My Lords, I add my support for this Bill and the fulfilment of our manifesto pledge to support all victims of domestic abuse.

The Bill takes us forward in a number of significant ways, but I want to probe a little to see whether even more progress might be possible. The Government are to be congratulated that Clause 1 provides the first ever statutory definition of domestic abuse in England. Although long overdue, this is a crucial step in tackling domestic abuse, increasing awareness across our public services and facilitating better identification of and support for victims.

Clause 3 is a further step forward. It recognises that children are equally victims of domestic abuse, not just witnesses. This is crucial for their care and for breaking the cycle of domestic abuse.

There are three ways in which the Bill could be strengthened further. First, I suggest that the definition could be strengthened yet further by recognising the unborn and babies as well. Exposure to domestic abuse in the first 1,001 days of life—from conception to the age of two—is associated with adverse outcomes including poor mental and physical health, lower academic achievement and impaired social development. We also know that a mother’s emotional state can have a direct influence on foetal development by altering the environment in the womb. Here, I highlight the work of the For Baby’s Sake pilot, which recognises that pregnancy and birth are the perfect time to intervene and provide support for parents as this is when motivation to be a good parent and resolve potential issues is at its highest.

Secondly, through the appointment of the Domestic Abuse Commissioner—as set out in Part 2—we have the opportunity to strengthen the relational landscape for our next generation of children, with marriages and committed relationships becoming the centrepiece of educational and health programmes. The need for this Bill stems from the failure of relationships; the obvious solution to breaking the cycle of domestic abuse is the creation of strong, supported families.

We also know that marriage operates as an important protective factor against domestic abuse. According to the ONS, there is a far greater prevalence of domestic abuse in cohabiting couples compared to married and civil-partnered relationships and, in the year ending March 2019, three times as many cohabiting women had been a victim of domestic abuse in the past year compared to married and civil-partnered women. As the gap between those born to married parents and those born to parents in cohabiting or single-parent families grows, we need an honest public policy debate about how we can best equip the next generation with the skills to build strong, healthy and lasting relationships. Through the appointment of the Domestic Abuse Commissioner, we have an opportunity to strengthen significantly the relational landscape for our next generation of children. Marriage and committed relationships should be the centrepiece of educational and health programmes.

Thirdly, we need to ensure the provision of nationwide, whole-family, trauma-informed support, accompanied by a programme for perpetrators that is designed to change behaviour, rebuild relationships and keep families safe. Interventions need to start as early as possible. As UNICEF highlighted:

“The single best predictor of children becoming either perpetrators or victims of domestic violence later in life is whether or not they grow up in a home where there is domestic violence.”


Furthermore, less than 1% of perpetrators ever receive rehabilitation and the average perpetrator will have up to six partners and victims.

People could be looking to the successful approach of Barnardo’s Opening Closed Doors project in Wales. Barnardo’s whole-family approach allows both parent and child victims to receive trauma-informed support, while the perpetrators of domestic abuse access a programme designed to change behaviour, rebuild relationships and keep families safe. Without proper intervention and rehabilitation, we will never break the domestic abuse cycle.

[Viscount Younger of Leckie (Con)]

Is the noble Baroness about to conclude her remarks?

[Baroness Stroud (Con) [V]]

If the Bill is to be about anything, it needs to be about breaking the cycle of violence. I congratulate the Government on the Bill and look forward to contributing in Committee to ensure that we support all victims of domestic abuse.