UK Parliament / Open data

Nationality and Borders Bill

Committee of the Whole House (HL) and Debate on bills on Tuesday, 1 February 2022, in the House of Lords.
Lords committee stage second day. Clause 11 under consideration. (Part 1 of 2).

About these Parliamentary proceedings

Reference

818 cc789-859 

Session

2021-22

Department

Home Office

Legislative stage

Committee stage

Procedure

New clauses

Chamber / Committee

House of Lords chamber
Legislative scrutiny: Nationality and Borders Bill (Part 1) - nationality. Joint Committee on Human Rights seventh report.
Wednesday, 3 November 2021
Parliamentary committees
House of Lords
House of Commons
Legislative scrutiny: Nationality and Borders Bill (Part 3) - Immigration offences and enforcement. Joint Committee on Human Rights ninth report.
Wednesday, 24 November 2021
Parliamentary committees
House of Lords
House of Commons
Nationality and Borders Bill 2021-22. Brought from the Commons.
Thursday, 9 December 2021
Bills
House of Lords
Nationality and Borders Bill. Constitution Committee (HL) eleventh report.
Wednesday, 19 January 2022
Parliamentary committees
House of Lords

Show all related items (7)
Nationality and Borders Bill
Tuesday, 1 February 2022
Parliamentary proceedings
House of Lords
Deposited Paper DEP2022-0124
Tuesday, 25 January 2022
Deposited papers
House of Lords
Deposited Paper DEP2022-0208
Wednesday, 2 March 2022
Deposited papers
House of Lords

Proceeding contributions

Baroness Ludford | 818 c790 (Link to this contribution)

Moved by

Baroness Ludford

34: After Clause 10, insert the following new Clause—

Baroness Ludford | 818 cc790-2 (Link to this contribution)

My Lords, I hope not to have to detain the Committee for too long on this admittedly complicated ...


Show all contributions (123)
Lord Paddick | 818 c792 (Link to this contribution)

My Lords, I hesitate to follow my noble friend, who is an expert on this issue. I declare an inte...

Lord Coaker | 818 cc792-3 (Link to this contribution)

My Lords, we support Amendment 34, tabled by the noble Baroness, Lady Ludford. We raised this iss...

Baroness Williams of Trafford | 818 cc793-4 (Link to this contribution)

I thank both noble Lords for their comments and, in particular, the noble Baroness, Lady Ludford,...

Baroness Williams of Trafford | 818 cc794-5 (Link to this contribution)

I think that is one of the only times I will get a “hear, hear” over the course of this Bill, so ...

Baroness Hamwee | 818 c795 (Link to this contribution)

My Lords, I do not want to sound churlish at all by asking this question. The “Hear, hears” were ...

Baroness Williams of Trafford | 818 c795 (Link to this contribution)

I do not have the exact detail on the date. I understand her point about 29 March being a signifi...

Baroness Hamwee | 818 c795 (Link to this contribution)

My Lords, just to follow that up, the Minister will understand that I am concerned that some peop...

Baroness Ludford | 818 c796 (Link to this contribution)

My Lords, I certainly welcome a great deal of what the Minister had to say, and I thank her for i...

Baroness Hamwee | 818 c796 (Link to this contribution)

Moved by

Baroness Hamwee

35: After Clause 10, insert the following new Clause—

...

Baroness Hamwee | 818 c796 (Link to this contribution)

My Lords, this might scramble our brains a little less than the last amendment. Amendment 35 woul...

Lord Coaker | 818 c797 (Link to this contribution)

My Lords, I shall be exceptionally brief as we had a number of significant debates on statelessne...

Baroness Williams of Trafford | 818 c797 (Link to this contribution)

My Lords, I thank the noble Baroness, Lady Hamwee, and the noble Lord, Lord Coaker, for their bri...

Baroness Hamwee | 818 c797 (Link to this contribution)

My Lords, I shall be brief because I regard this amendment as an amuse-bouche, if you like, befor...

Lord Paddick | 818 c798 (Link to this contribution)

Moved by

Lord Paddick

36: Before Clause 11, insert the following new Clause—

“S...

Lord Paddick | 818 cc798-9 (Link to this contribution)

My Lords, I shall also speak to the other amendment in this group. The group is about probing wha...

Lord Coaker | 818 cc799-802 (Link to this contribution)

My Lords, I will say a little more than I have on the two previous groups. I think Amendment 36, ...

Lord Kerr of Kinlochard | 818 cc801-3 (Link to this contribution)

I agree with the noble Lord—he made the point comprehensively—except that he pulled his punches. ...

Lord Alton of Liverpool | 818 cc803-4 (Link to this contribution)

My Lords, I rise to briefly support what the noble Lord, Lord Kerr, has just said to the House ab...

Lord Blunkett | 818 c804 (Link to this contribution)

My Lords, first, I would like to apologise to the House, the Front Bench in particular, the Minis...

Lord Green of Deddington | 818 cc804-5 (Link to this contribution)

My Lords, I rise first of all, briefly, to support Amendment 129, in the names of the noble Lord,...

Baroness Ludford | 818 c805 (Link to this contribution)

Can I just ask the noble Lord about his assumption—it seemed to be a stereotype—that young single...

Lord Green of Deddington | 818 c805 (Link to this contribution)

My Lords, it is not demonising; it is common sense. The routes that now exist are dangerous and d...

Baroness Ludford | 818 c805 (Link to this contribution)

But that is why we need family reunion routes.

Baroness Lister of Burtersett | 818 c805 (Link to this contribution)

Can I just point out that the Refugee Council, for example, has made the point that cutting back ...

Lord Green of Deddington | 818 c805 (Link to this contribution)

I certainly accept the last part of that. Many countries in the third world are doing far more fo...

Lord Alton of Liverpool | 818 c806 (Link to this contribution)

Can I ask my noble friend to return to the point about what might constitute a safe route? The sp...

Lord Horam | 818 c806 (Link to this contribution)

My Lords, on the question of safe routes, which has just been touched on from both sides, the poi...

Lord Green of Deddington | 818 c806 (Link to this contribution)

If I may answer my noble friend’s point, my answer to the Yazidis or particular problems of that ...

Lord Alton of Liverpool | 818 c806 (Link to this contribution)

Before my noble friend concludes, does he also agree that instead of constantly going on about th...

Lord Green of Deddington | 818 c806 (Link to this contribution)

I think there probably is scope for discussion between Governments as this problem becomes an inc...

Baroness Chakrabarti | 818 c806 (Link to this contribution)

May I just suggest to the Committee that we proceed with the Committee? I occasionally have night...

Lord Sharpe of Epsom | 818 c807 (Link to this contribution)

I will take that as an invitation. Thank you very much indeed. I will try not to be a nightmare.<...

Baroness Hamwee | 818 c807 (Link to this contribution)

I am sorry to disappoint the noble Baroness, Lady Chakrabarti. I thank those who have been compli...

Lord Dubs | 818 c807 (Link to this contribution)

My Lords, I shall comment briefly on the discussion we have been having. Why is it young men? I t...

Lord Sharpe of Epsom | 818 cc808-811 (Link to this contribution)

I thank all noble Lords who participated in this wide-ranging and powerful debate. We did perhaps...

Lord Paddick | 818 cc811-2 (Link to this contribution)

My Lords, I thank all noble Lords who have spoken in this debate. It was rather longer and broade...

Lord Green of Deddington | 818 c812 (Link to this contribution)

Would the noble Lord like to say what he thinks the fair share should be?

Lord Paddick | 818 c812 (Link to this contribution)

Yes, I can give the noble Lord an example. Let us look at the number of asylum claims per 10,000 ...

Lord Hodgson of Astley Abbotts | 818 c812 (Link to this contribution)

In giving that figure, will the noble Lord take into account the relative density of population o...

Lord Paddick | 818 c812 (Link to this contribution)

The number of applications per 10,000 population, I think, takes into account the population in e...

Lord Hodgson of Astley Abbotts | 818 c812 (Link to this contribution)

I cannot have been clear. There is a relative density of population. This country is about to ove...

Lord Paddick | 818 c812 (Link to this contribution)

I am not in the Government. I do not set what the policy will be in relation to the number of asy...

Lord Green of Deddington | 818 c812 (Link to this contribution)

This will be my last intervention on this matter. We have resettled more than 25,000 people since...

Lord Paddick | 818 cc812-3 (Link to this contribution)

No—I am afraid that the note that the noble Lord was just passed by the Minister is not accurate....

Lord Griffiths of Burry Port | 818 c813 (Link to this contribution)

Tabled by

Baroness McIntosh of Pickering

37: Clause 11, page 13, line 33, leave out “...

Lord Griffiths of Burry Port | 818 cc813-5 (Link to this contribution)

My Lords, I speak in place of the noble Baroness, Lady McIntosh of Pickering, and welcome the opp...

Lord Kerr of Kinlochard | 818 cc815-7 (Link to this contribution)

I would like to say a word in support of the spirit of these amendments. Specifically, I would li...

Baroness Hamwee | 818 cc817-9 (Link to this contribution)

My Lords, Clause 11 is the most objectionable clause in this whole objectionable Bill. It has to ...

Lord Horam | 818 c818 (Link to this contribution)

My Lords, I would like to introduce into this debate a subject about which we have heard almost n...

Baroness Chakrabarti | 818 c818 (Link to this contribution)

I wonder if I could ask the noble Lord two questions. First, obviously public opinion is always r...

Lord Horam | 818 c820 (Link to this contribution)

My point is that we should pay regard to opinion but it is rarely mentioned in debates about immi...

Baroness Jones of Moulsecoomb | 818 c820 (Link to this contribution)

I agree that public opinion is incredibly important but, at the same time, we are meant to be lea...

Lord Horam | 818 cc820-1 (Link to this contribution)

I think there has been plenty of leadership on this issue over the years. People who have support...

Lord Horam | 818 c821 (Link to this contribution)

I will not take another intervention, if the noble Baroness does not mind, as I have given way tw...

Lord Kerr of Kinlochard | 818 c821 (Link to this contribution)

The noble Lord, Lord Horam, makes a fair point: we must certainly take account of public opinion....

Lord Kerr of Kinlochard | 818 c821 (Link to this contribution)

I am not sure who is interrupting whom. If I am interrupting the noble Lord, I will stop.

Lord Horam | 818 cc821-2 (Link to this contribution)

With due respect to the noble Lord—I really do have great respect for him—I do not think we want ...

Lord Griffiths of Burry Port | 818 c822 (Link to this contribution)

My Lords, since an illustration I gave has been added to the discourse of the noble Lord, I feel ...

Lord Horam | 818 cc822-3 (Link to this contribution)

I think that is a matter on which the Government will no doubt make their position plain. As I un...

Baroness Fox of Buckley | 818 c823 (Link to this contribution)

Sorry, I thought the noble and learned Lord, Lord Clarke, gave way to me.

Lord Clarke of Nottingham | 818 cc823-5 (Link to this contribution)

I am not accustomed to the practices of this place; I am quite happy to see the debate alternate ...

Lord Brown of Eaton-under-Heywood | 818 cc824-6 (Link to this contribution)

My Lords, I speak solely as a lawyer. I did not speak at Second Reading; I would have needed to a...

Bishop of Durham | 818 cc826-9 (Link to this contribution)

My Lords, in rising to support the proposal that Clause 11 do not stand part, to which I have add...

Baroness Fox of Buckley | 818 cc828-830 (Link to this contribution)

My Lords, I feel profoundly uncomfortable with Clause 11, and I am very tempted to vote for it to...

Baroness Chakrabarti | 818 cc830-3 (Link to this contribution)

My Lords, I think we have been having this debate all my adult life and probably all my life, but...

Lord Sharpe of Epsom | 818 c833 (Link to this contribution)

The noble and learned Lord has an amendment and he wishes to speak to it.

Lord Etherton | 818 cc833-5 (Link to this contribution)

My Lords, I would like to speak to my Amendment 41. It is a very specific amendment relating to C...

Lord Faulks | 818 c835 (Link to this contribution)

I am very grateful to the noble and learned Lord for giving way, and I agree with his analysis en...

Lord Etherton | 818 cc835-7 (Link to this contribution)

Strictly speaking, the legal position is that there is no basis for individuals to enforce the co...

Lord Lea of Crondall | 818 c836 (Link to this contribution)

My Lords, I think the House would be grateful if somebody, in one sentence, expressed appreciatio...

Baroness Ludford | 818 cc836-9 (Link to this contribution)

My Lords, I remind everyone that Clause 11 is not only not about immigration, let alone illegal i...

Lord Hodgson of Astley Abbotts | 818 cc839-840 (Link to this contribution)

My Lords, I listened carefully to the noble Baroness, Lady Ludford, and she quite rightly reminde...

Baroness Lister of Burtersett | 818 cc840-1 (Link to this contribution)

My Lords, I oppose Clause 11 and simply want to pose four questions, the answers to which I hope ...

Lord Green of Deddington | 818 c841 (Link to this contribution)

My Lords, I shall be extremely brief; this has been a long debate. I just want to commend the nob...

Baroness Jones of Moulsecoomb | 818 cc841-2 (Link to this contribution)

My Lords, this part of the Bill has a very simple purpose: it is designed by the Government to ma...

Lord Rosser | 818 cc842-7 (Link to this contribution)

My Lords, I shall resist the temptation to offer a view on what public opinion is. What I do reme...

Lord Paddick | 818 cc847-8 (Link to this contribution)

I am sorry to disappoint noble Lords, but I am the lead signatory on the Clause 11 stand part pro...

Lord Green of Deddington | 818 c848 (Link to this contribution)

The noble Lord is absolutely right. Asylum has accounted for about 40,000 people a year for the l...

Lord Paddick | 818 c849 (Link to this contribution)

The noble Lord, Lord Green of Deddington, and I agree. This Bill has totally the wrong focus. It ...

Baroness Williams of Trafford | 818 cc849-850 (Link to this contribution)

My Lords, I thank all noble Lords who have spoken in this debate. I have been requested to confir...

Lord Kerr of Kinlochard | 818 c850 (Link to this contribution)

If I understand the noble Baroness aright, there is nothing to stop this sovereign Parliament set...

Baroness Ludford | 818 c850 (Link to this contribution)

I was not clear about the noble Baroness’s reference to me. The fact that I did not actually say ...

Baroness Williams of Trafford | 818 c850 (Link to this contribution)

I think what I was trying to say, maybe clumsily, was that the noble Baroness was trying to get b...

Baroness Ludford | 818 c850 (Link to this contribution)

The clause breaches the refugee convention, in my opinion. I agree with many people who said that...

Baroness Williams of Trafford | 818 c850 (Link to this contribution)

I was not making that point, but I accept the noble Baroness’s point.

The noble Lord, Lord ...

Lord Clarke of Nottingham | 818 c851 (Link to this contribution)

Yes, as I am having various motives attributed to me. As I said, I came here with a dilemma. I do...

Baroness Williams of Trafford | 818 cc851-2 (Link to this contribution)

Unfortunately, I am not right honourable, although you never know. I hope to persuade my noble an...

Bishop of Durham | 818 c852 (Link to this contribution)

The Minister has not addressed the UNHCR’s point that if every country insisted on the first poin...

Baroness Williams of Trafford | 818 c852 (Link to this contribution)

As I have said, we disagree with the UNHCR on that point. If I can turn to pull factors—

Bishop of Durham | 818 c852 (Link to this contribution)

Excuse me, why? Why do you disagree? I am sorry but it is not enough to simply say “We disagree”....

Baroness Williams of Trafford | 818 c852 (Link to this contribution)

I hope that, through the course of my response here, I will lay out the rationale for why we are ...

Baroness Lister of Burtersett | 818 c852 (Link to this contribution)

If the Government’s argument is to be that they have a different interpretation, it is not clear ...

Baroness Williams of Trafford | 818 cc852-3 (Link to this contribution)

I think the noble Baroness knows that we do not do that. I am not going to commit to publishing t...

Lord Kerr of Kinlochard | 818 c853 (Link to this contribution)

I apologise to the Minister, but it will not do. The noble Lord, Lord Paddick, corrected a misapp...

Baroness Williams of Trafford | 818 c853 (Link to this contribution)

My Lords, I was at pains to say that this is under national resettlement schemes. I have not trie...

Baroness Ludford | 818 c853 (Link to this contribution)

I hope the Minister would acknowledge that—speaking only for myself—what I was doing was objectin...

Baroness Williams of Trafford | 818 c854 (Link to this contribution)

My Lords, noble Lords have repeatedly talked about undermining family reunion. I confirm to the n...

Lord Rosser | 818 c854 (Link to this contribution)

Can I just clarify a point? The Minister has said it is not true that family reunion rights are g...

Baroness Williams of Trafford | 818 c854 (Link to this contribution)

It is not correct to say that family reunion rights will be restricted for group 2 refugees. They...

Baroness Williams of Trafford | 818 cc854-5 (Link to this contribution)

Can I just carry on? I will then of course allow an intervention from the noble Lord; he is alway...

Lord Rosser | 818 c855 (Link to this contribution)

I would because I am getting thoroughly confused, which is something I perhaps do quite frequentl...

Baroness Ludford | 818 c855 (Link to this contribution)

Before the noble Baroness responds, I add that I do not think that the noble Lord, Lord Rosser, i...

Baroness Lister of Burtersett | 818 c855 (Link to this contribution)

May I just add to that? Clause 11(5) says:

“The Secretary of State or an immigration office...

Baroness Williams of Trafford | 818 c856 (Link to this contribution)

My Lords, I hope that I can clarify: everyone gets ECHR-compliant family reunion rights. Having c...

Baroness Chakrabarti | 818 c856 (Link to this contribution)

To comply with the ECHR means complying not just with Article 8 but with Article 8 read with Arti...

Baroness Williams of Trafford | 818 cc856-8 (Link to this contribution)

It is differentiation rather than discrimination. The two are quite different.

Amendments 4...

Lord Griffiths of Burry Port | 818 cc858-9 (Link to this contribution)

My Lords, what a debate this has been. I thank all those who have contributed to it. It has certa...

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