UK Parliament / Open data

Nationality and Borders Bill

I have no doubt that that is sometimes the case, but my point is that you do not need Clause 25 to deal with that case, because the decision-makers listed here are well capable of looking at evidence whenever it is served. If the idea is that this is late, incredible or mischievous evidence, or the other concerns of the noble Lord, these decision-makers are capable of getting there by themselves. They do not need this insult to their intelligence that they must give it minimal weight. I never knew about this principle of minimal weight. It has been invented. Sometimes late evidence is good and sometimes it is bad, but this is asylum; refugees are at stake.

The noble Lord opposite always wants to talk about the numbers. He is very concerned about the numbers and I appreciate that, but this is not about numbers. It is about getting decisions right and protecting even the one claimant in a thousand who is the torture victim, who has been persecuted, who may be a child and who may have been trafficked. To turn this into a matter of a parking fine or commercial litigation, in which your case is prejudiced because you were only just advised that being gay is relevant and that you do

not have to be afraid to say so, because this is Britain and Hungary, is tawdry. To make that process point, when we are talking about life or death—not big bucks or small bucks but life and death—is totally tawdry.

Clause 25 does not help. If anything, it will make life more difficult for the Home Office because, I promise you, there will be endless litigation about what good reasons are. That is why the amendments are helpful, because they are beginning to tease out what will eventually be the subjects of litigation. We do not need it. We all know that late evidence is sometimes an abuse and is sometimes incredible, but sometimes it emerges because people have only just got decent translators or lawyers, or country or other vital information, which is sometimes hard to get.

I am sorry to hear that the noble Baroness, Lady Neville-Rolfe, is unwell. I am sure that the Committee will join me in wishing her a swift and full recovery.

On the point about identifying documents, let us go back to the history of the refugee convention. Some of the most genuine refugees have to escape without identifying documents, and some of the least oppressed people are the ones who have fantastic documents. That is why Amendment 85 has to go. This is not the biggest problem in a terrible Bill, but Clause 25 is a tawdry little clause, unworthy of Her Majesty’s Government; let us strike it from the Bill.

About this proceeding contribution

Reference

818 cc1118-9 

Session

2021-22

Chamber / Committee

House of Lords chamber

Subjects

Back to top