My Lords, there are some very welcome amendments to this Bill, and I will speak shortly to Amendments 1 and 4.
As someone who owes his life to a country that was willing to provide sanctuary at a time of extreme danger, as my wife and I secretly left President Idi Amin’s regime in Uganda, I feel strongly about these matters. This is not to say that I do not recognise the need for proper border control. States have the right to guard their citizens from any real negative impact—social or economic—of excessive immigration. Nevertheless, Amendments 1 and 4 are actually very helpful in a number of ways.
First, I apologise that I was not in the House for the Second Reading on 10 February, but I was pleased to see the comments of the noble Lord, Lord Taylor, that day. He said:
“The Bill does not undermine individual rights; rather, it strengthens them. The arbitrariness of whether the family life threshold has been met is replaced by clarity and consistency”.
He went on to say:
“It streamlines the process of removing illegal migrants while protecting the vulnerable. … Families being removed will continue to benefit from the coalition’s commitment to end child detention. … We will protect the vulnerable”.—[Official Report, 10/2/14; cols. 416-18.]
However, undue haste is rarely in the interests of fairness, especially when people are disorientated, confused and fearful. While I can see the merits of bringing the decisions together, giving people only 72 hours to access the legal support and advice necessary to make an appeal is not helpful. What if someone is unwell or on holiday? I can hear those responsible having no answer to make other than, “'Tough luck”. It is only fair that if a person is to be removed they be given adequate notice. The amendment in the name of the
noble Lord, Lord Avebury, would have it that the date of removal was given at that point. This is perhaps better than receiving a letter simply saying that you are liable to removal, although either makes it clear that preparations must be made, which is better all round. Of course, some will say that giving notice gives the opportunity to abscond, but, on balance, it is more humane to give notice. The determination is there for those who are regarded as at risk of absconding: they can be detained.
Amendment 4 is another vital amendment that is consistent with the earlier amendment. It would remove the possibility that a family member being removed might receive no notice. It seems to me that, if they did not receive notice, in a society like this that would be not good. I therefore support Amendments 1 and 4.