My Lords, I support this amendment but think it right to note that it would involve two radical changes in the existing legal framework. First, it would involve a High Court judge deciding—no doubt subject to appeal—whether a particular group is subject to genocide. Secondly, it would enable any member of such a group to claim asylum from abroad. I have no real objection to the first of those changes. I do not share the concerns of the noble Baroness, Lady Berridge. In fact, it seems to me hardly necessary in the present case for a judge to be involved at all, but it might be in some future case. On all the evidence we have heard, it is pretty clear that Daesh is indeed committing genocide. If the UK Government will not say so and will not refer the matter to the United Nations, then by all means let us legislate to allow a judge to do so, if that would serve a valuable purpose. It is not necessary to go as far as establishing a case of genocide to establish a right to asylum under the 1951 refugee convention. But, of course, a ruling that an asylum seeker is indeed a member of a group subject to genocide would certainly qualify them in spades for refugee status.
I suggest that the real challenge in this proposal is the second change it would involve—namely, that under it for the very first time asylum would be able to be claimed from abroad rather than, as at present, only if the asylum seeker has somehow managed by hook or by crook to reach the shores of this country. Plainly, this change would substantially increase the numbers able to claim asylum here, and who we would then be obliged to take in. One fears and suspects that many thousands are subject to the risk of genocide. Assuming they could get to a British mission overseas—indeed, it is probably sufficient to get their application
for asylum lodged there—that would have to be assessed, and the critical question would presumably be whether they are members of the group at risk; that addresses the point of the noble Viscount, Lord Hailsham. If the claim succeeds, they, as refugees, would still need to get to the United Kingdom to claim sanctuary. One wonders who would arrange and achieve that. The UNHCR has been suggested, but that might involve certain logistical difficulties.
Is the sheer increase in the number of prospective asylum seekers a fatal objection to the proposal? That is the crucial question here. I am puzzled about the suggestion that those who succeed under this provision would fall within the cap of 20,000 who we are already committed to relocate over this Parliament. I cannot see how, or why, that should be required. However, the proposal is confined to those who are genuinely subject to the risk of genocide. That is, of itself, a manifestly limiting factor. Accordingly, this objection should not be regarded as fatal: we should pass this amendment.