UK Parliament / Open data

Nationality and Borders Bill

Committee of the Whole House (HL) and Debate on bills on Tuesday, 8 February 2022, in the House of Lords.
Lords committee stage fourth day. Clauses 28 to 56 agreed to. Schedules 4 to 7 agreed to.

About these Parliamentary proceedings

Reference

818 cc1400-1574 

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. Delegated Powers and Regulatory Reform Committee eighteenth report.
Wednesday, 12 January 2022
Parliamentary committees
House of Lords

Show all related items (9)

Proceeding contributions

Lord Kirkhope of Harrogate | 818 c1400 (Link to this contribution)

Moved by

Lord Kirkhope of Harrogate

100: Clause 28, page 33, line 20, leave out parag...

Lord Kirkhope of Harrogate | 818 cc1400-3 (Link to this contribution)

My Lords, I hope that I will not bore you for long. I shall take careful note of the Chief Whip’s...


Show all contributions (315)
Bishop of Durham | 818 cc1403-4 (Link to this contribution)

My Lords, in rising to support Amendments 100 and 101, to which I have added my name, I declare m...

Baroness Stroud | 818 cc1404-5 (Link to this contribution)

My Lords, I too support Amendment 100, in the name of my noble friend Lord Kirkhope, to which I h...

Baroness Jones of Moulsecoomb | 818 cc1405-6 (Link to this contribution)

Outside on the streets today are people supporting those of us who are fighting this Bill. They u...

Lord Horam | 818 cc1406-7 (Link to this contribution)

My Lords, I will follow on from what the noble Baroness and my noble friend Lord Kirkhope said. I...

Baroness Stroud | 818 c1407 (Link to this contribution)

Could my noble friend outline his thinking on, for instance, the proximity of Nauru to Australia ...

Lord Horam | 818 c1407 (Link to this contribution)

Yes, I do acknowledge the differences, which is why I said that there is no guarantee at all that...

Baroness Lister of Burtersett | 818 c1407 (Link to this contribution)

My Lords, we have obviously been reading different things because everything that I have read and...

Lord Horam | 818 c1407 (Link to this contribution)

If the noble Baroness reads the evidence given by the Australian high commissioner to

Baroness Lister of Burtersett | 818 cc1408-9 (Link to this contribution)

I tend to give more credence to people on the ground, but there it is.

I share concerns tha...

Lord Paddick | 818 cc1409-1410 (Link to this contribution)

My Lords, the Government’s position in justifying this and other measures in the Bill rests on th...

Lord Kerr of Kinlochard | 818 cc1410-1 (Link to this contribution)

It seems to me that the amendment of the noble Lord, Lord Kirkhope, and indeed all those in this ...

Lord Cormack | 818 c1411 (Link to this contribution)

My Lords, I intervene briefly and for the first time in this debate, provoked into doing so by wh...

Lord Sentamu | 818 cc1411-2 (Link to this contribution)

My Lords, I have been sitting on my hands because whenever you tell a personal story, it looks as...

Baroness Neville-Rolfe | 818 c1412 (Link to this contribution)

My Lords, I am also very impressed by the moderate contribution from my noble friend Lord Horam o...

Lord Rosser | 818 cc1412-4 (Link to this contribution)

I reiterate what was said a little while ago: this is about asylum, not general immigration polic...

Lord Etherton | 818 cc1414-6 (Link to this contribution)

My Lords, I add my name to that of the noble Lord, Lord Rosser, in giving notice of my intention ...

Baroness Williams of Trafford | 818 cc1416-8 (Link to this contribution)

My Lords, I thank all noble Lords who have spoken to this group of amendments, and I thank my nob...

Bishop of Durham | 818 c1418 (Link to this contribution)

The problem is that the Minister only said, “unaccompanied children”, and did not refer to childr...

Baroness Lister of Burtersett | 818 c1418 (Link to this contribution)

Before the Minister replies, I also asked some questions about children and, more specifically, a...

Baroness Williams of Trafford | 818 c1419 (Link to this contribution)

I thank both the right reverend Prelate and the noble Baroness for those points. Generally, in th...

Bishop of Durham | 818 c1419 (Link to this contribution)

The Minister has made me even more disturbed. She has not said—and neither has anyone in the othe...

Baroness Williams of Trafford | 818 c1419 (Link to this contribution)

As I have just said, I will not go any further than my honourable friend did in the House of Comm...

Lord Rosser | 818 c1419 (Link to this contribution)

I understand that the Minister may be unable to respond immediately to the extremely valid questi...

Baroness Williams of Trafford | 818 c1419 (Link to this contribution)

I have said I will write, but to be more explicit than my honourable friend was in the Commons mi...

Baroness Lister of Burtersett | 818 c1419 (Link to this contribution)

I am very sorry but the noble Baroness is not answering the right reverend Prelate’s question. It...

Baroness Williams of Trafford | 818 c1419 (Link to this contribution)

My Lords, I am not trying to avoid it; I am saying that that is about as far as I can go. However...

Baroness Williams of Trafford | 818 c1420 (Link to this contribution)

I will not take the intervention just yet. I do not generally make misleading comments standing a...

Lord Cormack | 818 c1420 (Link to this contribution)

I am most grateful and apologise. Can my noble friend say whether she expects that, by the time w...

Baroness Williams of Trafford | 818 c1420 (Link to this contribution)

I cannot say what countries we are in discussion with, other than confirming to my noble friend L...

Baroness Stroud | 818 c1420 (Link to this contribution)

I thank my noble friend for giving way. I think I heard that her concern is that saying that chil...

Baroness Williams of Trafford | 818 c1420 (Link to this contribution)

I agree with the noble Baroness that we need to strike that balance between abuse of the system a...

Lord Paddick | 818 c1420 (Link to this contribution)

I am sorry to intervene just when the noble Baroness thought she had finished. She said that ther...

Baroness Williams of Trafford | 818 cc1420-1 (Link to this contribution)

The noble Lord talks about deportation; we generally refer to deportation in the context of crimi...

Baroness Lister of Burtersett | 818 c1421 (Link to this contribution)

My Lords, I am sorry, but a whole range of noble Lords asked a question, in different ways, about...

Baroness Williams of Trafford | 818 c1421 (Link to this contribution)

My Lords, I do not have the answers before me, so I will write on the questions that I have not a...

Lord Kirkhope of Harrogate | 818 c1421 (Link to this contribution)

My Lords, I thank my noble friend for her responses and all noble Lords for their very important ...

Baroness Chakrabarti | 818 cc1421-3 (Link to this contribution)

My Lords, any anxiety that I may have felt earlier this afternoon about the Whip’s injunction to ...

Baroness Hamwee | 818 cc1424-5 (Link to this contribution)

My Lords, my name is to the opposition to Clause 29 and the other clauses mentioned in this group...

Lord Brown of Eaton-under-Heywood | 818 cc1425-6 (Link to this contribution)

My Lords, I shall continue to limit my interventions in Committee to expressing views that I hold...

Baroness Jones of Moulsecoomb | 818 c1426 (Link to this contribution)

My Lords, I have been here for only eight years, which is not long in your Lordships’ House, but ...

Lord Alton of Liverpool | 818 cc1426-7 (Link to this contribution)

My Lords, I add my voice to those of the noble Baroness, Lady Jones, my noble and learned friend ...

Baroness Hamwee | 818 c1427 (Link to this contribution)

My Lords, does the noble Lord agree that it is, as he says, about more than our reputation and no...

Lord Alton of Liverpool | 818 c1427 (Link to this contribution)

Yes; not for the first time I agree with the noble Baroness, Lady Hamwee. It was British lawyers ...

Lord Anderson of Ipswich | 818 cc1427-8 (Link to this contribution)

My Lords, I struggle with some of the dilemmas presented by Clauses 29 to 37, for very much the r...

Lord Hodgson of Astley Abbotts | 818 cc1428-9 (Link to this contribution)

My Lords, if I may intervene briefly, I am not an expert in this field but once the lawyers start...

Lord Paddick | 818 c1429 (Link to this contribution)

My Lords, taking up what the noble Lord, Lord Hodgson of Astley Abbotts, just said, my lay and na...

Lord Rosser | 818 cc1429-1430 (Link to this contribution)

As has been said, this part of the Bill provides for “interpretation” of the refugee convention. ...

Lord Wolfson of Tredegar | 818 cc1430-1 (Link to this contribution)

My Lords, I am grateful to all noble Lords who have taken part in this debate.

The starting...

Baroness Jones of Moulsecoomb | 818 c1431 (Link to this contribution)

I am sorry, I missed my moment; I should have spoken as soon as the Minister spoke to me. I did n...

Lord Wolfson of Tredegar | 818 c1431 (Link to this contribution)

I did not take it personally. I agree that I did not write the Bill. It would be a far worse Bill...

Lord Green of Deddington | 818 c1431 (Link to this contribution)

My Lords, can we have a little less talk about the far right? Some 70% of the population think th...

Lord Wolfson of Tredegar | 818 c1431 (Link to this contribution)

My Lords, I do not want to get into the question of whether the Bill is going too far or not far ...

Lord Alton of Liverpool | 818 c1431 (Link to this contribution)

Before the Minister leaves that point, I was not specifically asking him to respond to Turkey’s a...

Lord Wolfson of Tredegar | 818 cc1432-3 (Link to this contribution)

I was going to come to the point made by the noble Lord, Lord Rosser. Let me just say a sentence ...

Baroness Ludford | 818 c1433 (Link to this contribution)

The Minister keeps saying that each state will define the refugee convention, and he alluded to t...

Baroness Hamwee | 818 c1433 (Link to this contribution)

I have an associated point, to save the Minister bobbing up and down too much. I entirely take th...

Lord Wolfson of Tredegar | 818 c1433 (Link to this contribution)

On the first point, of course the EU sought to interpret the refugee convention for all its membe...

Baroness Chakrabarti | 818 c1433 (Link to this contribution)

I am grateful to the Minister for that, but will he answer my question a bit more specifically? H...

Lord Wolfson of Tredegar | 818 c1434 (Link to this contribution)

As a matter of policy, I am afraid I am not going to get into the discussions I have with governm...

Lord Anderson of Ipswich | 818 c1434 (Link to this contribution)

I was going to wait until the Minister had finished his sentence but, before he sits down, I reve...

Lord Wolfson of Tredegar | 818 c1434 (Link to this contribution)

I hope the noble Lord does not take it amiss if I say, with respect, that he makes the same point...

Lord Brown of Eaton-under-Heywood | 818 c1434 (Link to this contribution)

Very diffidently, am I entirely wrong in thinking that, under Article 35 of the convention, some ...

Lord Wolfson of Tredegar | 818 c1434 (Link to this contribution)

Respectfully, what I said earlier is that it is not the arbiter of the interpretation of the conv...

Lord Rosser | 818 cc1434-5 (Link to this contribution)

Before the noble Lord sits down, I was wondering whether he would explain some of the changes tha...

Lord Wolfson of Tredegar | 818 c1435 (Link to this contribution)

The “may” and “must” point, to which the noble Lord referred, will come up in a later group becau...

Baroness Chakrabarti | 818 cc1435-6 (Link to this contribution)

I am grateful to all noble Lords who contributed to this group. I believe there was a great deal ...

Lord Hodgson of Astley Abbotts | 818 c1436 (Link to this contribution)

The noble Baroness’s description of how business works, with an agreement that has lasted for a n...

Baroness Chakrabarti | 818 c1436 (Link to this contribution)

Forgive me; I stand corrected by the noble Lord, Lord Hodgson of Astley Abbotts—as always, certai...

Lord Dubs | 818 c1436 (Link to this contribution)

Moved by

Lord Dubs

103: Clause 31, page 34, line 45, leave out subsections (2) and (3...

Lord Dubs | 818 cc1436-7 (Link to this contribution)

My Lords, I shall speak to Amendments 103, 104 and 111 in particular, but before I do so, I want ...

Baroness McIntosh of Pickering | 818 cc1438-9 (Link to this contribution)

My Lords, I followed with great interest the noble Baroness, Lady Chakrabarti, in speaking eloque...

Baroness Lister of Burtersett | 818 cc1439-1441 (Link to this contribution)

My Lords, I will speak to Amendment 105 in my name and those of the noble Baroness, Lady Coussins...

Baroness Ludford | 818 cc1441-2 (Link to this contribution)

My Lords, all of these clauses seek to restrict access to the protection of the refugee conventio...

Lord Brown of Eaton-under-Heywood | 818 cc1442-3 (Link to this contribution)

My Lords, I confine my brief comments on this group to Clauses 31 and 32, both of which have been...

Bishop of Gloucester | 818 c1443 (Link to this contribution)

My Lords, I have added my name to Amendment 105 and the intention to oppose Clause 31 standing pa...

Baroness Bennett of Manor Castle | 818 cc1443-4 (Link to this contribution)

I offer the support of the Green group for all the amendments in this group and express horror at...

Lord Sentamu | 818 cc1444-5 (Link to this contribution)

My Lords, I want to give practical expression to what those who have spoken, including the noble ...

Lord Paddick | 818 c1445 (Link to this contribution)

My Lords, I could simply repeat what I said at the conclusion of the last group: the UK should no...

Lord Rosser | 818 cc1445-6 (Link to this contribution)

My Lords, I will be brief. We support the intentions of the amendments. I thank my noble friends ...

Lord Wolfson of Tredegar | 818 cc1446-7 (Link to this contribution)

My Lords, I am not sure whether it is the time of the evening that prompted that reference to din...

Baroness Ludford | 818 c1447 (Link to this contribution)

Does the Minister recall that I did not just say that it is about the higher standard? It is abou...

Lord Wolfson of Tredegar | 818 c1447 (Link to this contribution)

My Lords, with the greatest respect, it is not confusing at all, because Clause 31(2) establishes...

Lord Kerr of Kinlochard | 818 c1447 (Link to this contribution)

Could the Minister answer the question of the noble Lord, Lord Rosser? What is the problem that w...

Lord Wolfson of Tredegar | 818 c1448 (Link to this contribution)

My Lords, I am grateful for the question. What is driving it, as I said a few moments ago, is the...

Baroness McIntosh of Pickering | 818 c1448 (Link to this contribution)

My noble friend is, in fact, rewriting the law. I am not an immigration lawyer, but if I were, I ...

Lord Wolfson of Tredegar | 818 c1448 (Link to this contribution)

I thought I made it absolutely clear when I said earlier that the court in that case made its dec...

Lord Brown of Eaton-under-Heywood | 818 c1448 (Link to this contribution)

Does the Minister agree that, if, under this clause in future, somebody were to fail—they could p...

Lord Wolfson of Tredegar | 818 cc1448-1450 (Link to this contribution)

With respect, refoulement is a separate issue and, with greater respect, I will deal with it sepa...

Baroness Lister of Burtersett | 818 c1450 (Link to this contribution)

I am not a lawyer, so I rise with some trepidation, but it seems to me that it suits the Governme...

Lord Wolfson of Tredegar | 818 cc1450-1 (Link to this contribution)

My Lords, I set out why we think this interpretation is correct. I am certainly not saying that w...

Lord Rosser | 818 c1451 (Link to this contribution)

That may be the case, but all I asked of the Minister was to tell the Committee who has been maki...

Lord Wolfson of Tredegar | 818 c1451 (Link to this contribution)

I have not been here as long as the noble Lord, Lord Rosser, but, with respect, I do not think it...

Lord Rosser | 818 c1451 (Link to this contribution)

Since when has it been making a political point to ask where the pressure has come from to make t...

Lord Wolfson of Tredegar | 818 c1451 (Link to this contribution)

The pressure has come from the people of the United Kingdom, who elected this Government with an ...

Lord Berkeley of Knighton | 818 c1451 (Link to this contribution)

In that case, will the Minister accept that, in a way, and given what we have heard from other no...

Lord Wolfson of Tredegar | 818 c1451 (Link to this contribution)

Absolutely, we want to toughen up on illegal migration. We want to make sure that people who have...

Baroness Chakrabarti | 818 c1452 (Link to this contribution)

I am grateful to the Minister for giving way. In a previous group, the noble Baroness the Ministe...

Lord Wolfson of Tredegar | 818 c1452 (Link to this contribution)

My Lords, I am surprised that anyone in a democracy is troubled by a Government listening to the ...

Baroness Lister of Burtersett | 818 c1452 (Link to this contribution)

I am sorry to keep bobbing up, and I appreciate what the Minister said about monitoring the equal...

Lord Wolfson of Tredegar | 818 c1452 (Link to this contribution)

My Lords, I am not trying to be difficult here. What it means is that a woman, like anybody else,...

Lord Paddick | 818 c1452 (Link to this contribution)

I do not wish to prolong the Minister’s agony but can he clarify something for me? I think he sai...

Lord Wolfson of Tredegar | 818 c1453 (Link to this contribution)

On the first point, the position at the moment is that you have a reasonable likelihood test; wha...

Lord Dubs | 818 c1453 (Link to this contribution)

I thought we were going to have more Q&A. I am grateful to the Minister for his fairly clear expl...

Baroness Ludford | 818 c1453 (Link to this contribution)

Moved by

Baroness Ludford

106: Clause 36, page 37, line 18, leave out from “Kingdom” ...

Baroness Ludford | 818 cc1453-4 (Link to this contribution)

My Lords, in moving Amendment 106 in the name of, and at the invitation of, the noble Lord, Lord ...

Lord Etherton | 818 cc1454-6 (Link to this contribution)

My Lords, I will speak to Amendment 107 in my name, which relates to Clause 36 and provides that ...

Baroness Scott of Bybrook | 818 c1456 (Link to this contribution)

My Lords, can I remind the noble Lord of the Chief Whip’s reminder of brevity please? We are runn...

Lord Etherton | 818 cc1456-7 (Link to this contribution)

In Anwar, as I have said, the Supreme Court approved of that and in doing so again referred to th...

Lord Hodgson of Astley Abbotts | 818 c1457 (Link to this contribution)

My Lords, I shall be very brief. I am trying to work out exactly what I am being asked to agree t...

Baroness Ludford | 818 c1457 (Link to this contribution)

I know the noble Lord has listened to a lot of the previous debate. He will know there is no such...

Lord Brown of Eaton-under-Heywood | 818 cc1457-8 (Link to this contribution)

I will address Clause 36 very briefly, which I discussed last week in the context of Clause 11. I...

Baroness Jones of Moulsecoomb | 818 c1458 (Link to this contribution)

The idea of people being able to arrive here without going through a third country has been debat...

Lord Green of Deddington | 818 c1458 (Link to this contribution)

My Lords, in a word, I see these issues from a policy point of view, not just a legal one. The fa...

Lord Paddick | 818 cc1458-9 (Link to this contribution)

I will very briefly address something that the noble Baroness, Lady Jones of Moulsecoomb, said ab...

Lord Rosser | 818 cc1459-1460 (Link to this contribution)

Article 31 of the convention exempts refugees “coming directly from” a country of persecution fro...

Lord Wolfson of Tredegar | 818 cc1460-1 (Link to this contribution)

My Lords, I begin with Amendment 107, tabled by the noble and learned Lord, Lord Etherton, whose ...

Lord Paddick | 818 c1462 (Link to this contribution)

If every country interpreted Article 31 as the Government want it interpreted by means of the Bil...

Lord Wolfson of Tredegar | 818 c1462 (Link to this contribution)

I really do not mean to be flippant. The consequence would be that every country would be interpr...

Lord Sentamu | 818 c1462 (Link to this contribution)

The Joint Committee on Human Rights recommended that this be amended. There must be good reasons ...

Baroness Scott of Bybrook | 818 c1462 (Link to this contribution)

My Lords, this should just be a short question.

Lord Sentamu | 818 c1462 (Link to this contribution)

I am giving an example of why Article 31, without the amendment, does not work.

Lord Wolfson of Tredegar | 818 c1462 (Link to this contribution)

I am almost as new, I think, as the noble and right reverend Lord, but my understanding of proced...

Lord Paddick | 818 c1462 (Link to this contribution)

My Lords, may I just say that this is Committee? This is not Report. Any noble Lord is entitled t...

Lord Wolfson of Tredegar | 818 c1462 (Link to this contribution)

My Lords, I really do not want to get into a procedural battle. I was trying to be both helpful t...

Lord Kerr of Kinlochard | 818 c1462 (Link to this contribution)

Could the Minister answer the question from the noble Lord, Lord Paddick? It was rather a flippan...

Lord Wolfson of Tredegar | 818 c1463 (Link to this contribution)

I am certainly not trying to be flippant. What I am saying is that we have a refugee convention t...

Baroness Ludford | 818 c1463 (Link to this contribution)

My answer to that last point is that if that is what the UK Government feel, they should convene ...

Lord Kennedy of Southwark | 818 c1463 (Link to this contribution)

My Lords, I have just come into the Chamber but may I suggest, before the noble Lord moves to adj...

Baroness Ludford | 818 c1464 (Link to this contribution)

Moved by

Baroness Ludford

112: After Clause 37, insert the following new Clause—

<...
Baroness Ludford | 818 c1465 (Link to this contribution)

On behalf of my noble friend Lord Paddick, I will move Amendment 112 and speak to Amendments 113 ...

Lord Hylton | 818 cc1465-6 (Link to this contribution)

My Lords, I have added my name to three amendments in this group. I note that they are all new cl...

Baroness Jones of Moulsecoomb | 818 c1466 (Link to this contribution)

Going through the amendments this morning in preparation for this evening, I got quite tearful wh...

Bishop of Durham | 818 cc1466-7 (Link to this contribution)

My Lords, I specifically support Amendment 117, to which I have added my name, but I support all ...

Lord Dubs | 818 cc1467-9 (Link to this contribution)

My Lords, I support all these amendments. I have signed three of them, and the only reason I did ...

Lord Green of Deddington | 818 c1469 (Link to this contribution)

My Lords, I think that it is perhaps time for a different view from this side of the Committee. I...

Lord Dubs | 818 c1469 (Link to this contribution)

I am grateful to the noble Lord for giving way. I just put this to him: if children are coming to...

Lord Green of Deddington | 818 c1470 (Link to this contribution)

I shall go on to Amendment 113, which deals with unaccompanied minors. The main effect of this am...

Baroness Hamwee | 818 c1470 (Link to this contribution)

My Lords, I have been encouraged to say a word—it was only going to be a word, but it will be a f...

Lord Paddick | 818 cc1470-1 (Link to this contribution)

My Lords, I pay tribute to the noble Lord, Lord Dubs, for his tireless work on family reunion, bo...

Lord Coaker | 818 cc1471-2 (Link to this contribution)

My Lords, it is a privilege to contribute again to the deliberations in Committee on this importa...

Lord Green of Deddington | 818 c1472 (Link to this contribution)

I entirely agree about the appalling conditions in these refugee camps and the huge number of ref...

Lord Coaker | 818 cc1472-3 (Link to this contribution)

Of course that is right. That is why there was such a row about the cut in the aid programme. It ...

Baroness Williams of Trafford | 818 cc1473-5 (Link to this contribution)

My Lords, I thank all noble Lords who have spoken to this group of amendments. I hope in what I a...

Lord Dubs | 818 c1475 (Link to this contribution)

I am grateful to the Minister for giving way. I hate to go over the past, but the whole point of ...

Lord Hylton | 818 c1475 (Link to this contribution)

The noble Baroness has twice in my hearing given the figure of 39,000 humanitarian visas for fami...

Baroness Williams of Trafford | 818 cc1475-7 (Link to this contribution)

Going back to the noble Lord, Lord Dubs, first, I did not disagree with his point about reciproci...

Baroness Ludford | 818 cc1477-8 (Link to this contribution)

My Lords, I thank the Minister, who has given us detailed responses. Some of her points do not re...

Lord Dubs | 818 c1478 (Link to this contribution)

Moved by

Lord Dubs

115: After Clause 37, insert the following new Clause—

“Unac...

Lord Dubs | 818 cc1478-9 (Link to this contribution)

My Lords, this amendment is also about children, but it is about children who are in Europe and d...

Lord Kirkhope of Harrogate | 818 cc1479-1480 (Link to this contribution)

My Lords, Amendment 116 is in my name. I thank my noble friends Lord Shinkwin, Lady Stroud and La...

Lord Alton of Liverpool | 818 cc1480-4 (Link to this contribution)

My Lords, I will speak to my Amendment 119B and in support of Amendment 119A, in the names of the...

Baroness Hamwee | 818 cc1482-5 (Link to this contribution)

My Lords, I am sure this was not at the top of his list, but the noble Lord, Lord Alton, has remi...

Baroness Jones of Moulsecoomb | 818 c1485 (Link to this contribution)

I will not repeat myself—well, I am going to repeat myself just briefly. If the Government saw re...

Lord Kerr of Kinlochard | 818 cc1485-6 (Link to this contribution)

I think the noble Baroness’s warning is very well taken.

I support Amendments 118, 119A and...

Baroness Meacher | 818 c1487 (Link to this contribution)

My Lords, I will speak extremely briefly in support of Amendment 116, which for more than 300 ref...

Baroness Ludford | 818 c1487 (Link to this contribution)

My Lords, I am pleased to support Amendment 115, in the name of the noble Lord, Lord Dubs, which ...

Lord Horam | 818 cc1487-8 (Link to this contribution)

My Lords, I am not sure that I should support a Liberal Democrat policy this evening; none the le...

Bishop of Durham | 818 c1488 (Link to this contribution)

I will try to edit my speech as I go. I support Amendment 118, to which I was pleased to add my n...

Baroness Chakrabarti | 818 cc1488-9 (Link to this contribution)

My Lords, this is the safe-route group and I associate myself with so much of what I have heard a...

Baroness Stroud | 818 cc1489-1490 (Link to this contribution)

My Lords, I speak in support of Amendment 116 in the name of my noble friend Lord Kirkhope, to wh...

Lord Paddick | 818 cc1490-1 (Link to this contribution)

My Lords, this is another group of positive measures that are intended to provide an antidote to ...

Lord Rosser | 818 cc1491-2 (Link to this contribution)

My Lords, our Amendment 119E, seeks to put a global resettlement scheme on a statutory footing. I...

Baroness Williams of Trafford | 818 cc1492-4 (Link to this contribution)

My Lords, I thank everyone who has taken part in what has been quite a full debate. Amendment 115...

Lord Alton of Liverpool | 818 c1493 (Link to this contribution)

I am very grateful to the Minister for responding to some of the points that I made earlier, but ...

Baroness Williams of Trafford | 818 c1495 (Link to this contribution)

I will probably refer to my colleagues in the FCDO for further information on that, but I shall c...

Bishop of Durham | 818 c1495 (Link to this contribution)

At Second Reading, we were encouraged to come forward with proposals for new routes and so on. We...

Baroness Williams of Trafford | 818 c1496 (Link to this contribution)

What I encouraged noble Lords to come up with at Second Reading were solutions, not new routes. I...

Baroness Chakrabarti | 818 c1496 (Link to this contribution)

Before the Minister sits down—to use the convention, although I am glad she is resting for a mome...

Baroness Evans of Bowes Park | 818 c1496 (Link to this contribution)

Will the noble Baroness ask a question? It is getting very late at night; can we please try to fo...

Baroness Evans of Bowes Park | 818 c1496 (Link to this contribution)

It is genuinely not the noble Baroness, but we also need to work together —please—to get this Bil...

Baroness Jones of Moulsecoomb | 818 c1496 (Link to this contribution)

Why do we need to get the Bill through? Why can we not leave it until after the recess? I do not ...

Baroness Evans of Bowes Park | 818 c1496 (Link to this contribution)

I am sorry; I did not mean it to be about the noble Baroness.

Baroness Chakrabarti | 818 c1496 (Link to this contribution)

I am sorry, but this is not the first time this has happened. I have been here all through Commit...

Baroness Evans of Bowes Park | 818 c1497 (Link to this contribution)

I am very sorry to the noble Baroness; that was not my intention at all and I am very sorry she f...

Lord Rosser | 818 c1497 (Link to this contribution)

There are only five days scheduled in Committee on this Bill. This is by no means the longest Com...

Lord Paddick | 818 c1497 (Link to this contribution)

I will say from these Benches that, if the Government insist on bringing forward such controversi...

Lord Dubs | 818 c1497 (Link to this contribution)

My Lords, I am grateful to all Members who have contributed to the debate and to the Minister for...

Baroness Williams of Trafford | 818 c1497 (Link to this contribution)

I am sorry to the noble Lord, Lord Dubs, but I should respond to the noble Baroness, Lady Chakrab...

Lord Dubs | 818 cc1497-8 (Link to this contribution)

I had already begun saying my thanks and praising the Minister for her stamina. I will comment ve...

Baroness Hollins | 818 c1498 (Link to this contribution)

Moved by

Baroness Hollins

119C: After Clause 37, insert the following new Clause—

...
Baroness Hollins | 818 cc1499-1500 (Link to this contribution)

My Lords, Amendments 119C and 119D propose a code of practice for professionals involved in the a...

Baroness Hamwee | 818 c1500 (Link to this contribution)

My Lords, my name is on this amendment. The noble Baroness, Lady Hollins, knows whereof she speak...

Baroness Lister of Burtersett | 818 cc1500-1 (Link to this contribution)

My Lords, I support these amendments, to which I was pleased to add my name. I thank the Royal Co...

Baroness Bennett of Manor Castle | 818 cc1501-2 (Link to this contribution)

My Lords, I rise with great pleasure in following the three noble Baronesses who have proposed th...

Lord Paddick | 818 c1502 (Link to this contribution)

My Lords, as the noble Baroness, Lady Hollins, explained, these amendments seek to ensure that th...

Lord Rosser | 818 cc1502-3 (Link to this contribution)

The two amendments in the name of the noble Baroness, Lady Hollins, would require the Secretary o...

Lord Sharpe of Epsom | 818 c1503 (Link to this contribution)

My Lords, I thank all noble Lords who have taken part in this brief debate. I thank the noble Bar...

Baroness Hamwee | 818 c1503 (Link to this contribution)

Before the noble Baroness responds, it may be that this amendment could be worded to put more emp...

Baroness Hollins | 818 c1504 (Link to this contribution)

My Lords, I cut my speech rather, because of the time, and I feel that maybe I did not manage to ...

Lord McNicol of West Kilbride | 818 c1504 (Link to this contribution)

My Lords, if Amendment 120 is agreed, I cannot call Amendment 121 because of pre-emption.

A...

Baroness Ludford | 818 c1504 (Link to this contribution)

Moved by

Baroness Ludford

120: Clause 39, page 40, leave out lines 5 to 9

Membe...

Baroness Ludford | 818 c1505 (Link to this contribution)

My Lords, the effect of Clause 39 is to criminalise the act of seeking asylum in the UK, even if ...

Baroness McIntosh of Pickering | 818 cc1505-6 (Link to this contribution)

My Lords, I rise to speak to Amendments 121 and 122. I thank the noble Baroness, Lady Hamwee, for...

Baroness Lister of Burtersett | 818 cc1506-7 (Link to this contribution)

My Lords, I strongly support the noble Baroness, Lady Ludford, in what she had to say, but I woul...

Baroness Hamwee | 818 cc1507-8 (Link to this contribution)

My Lords, the fact that I am going to say that I could not agree more with my noble friend Lady L...

Baroness Bennett of Manor Castle | 818 c1508 (Link to this contribution)

My Lords, like others, I entirely agree with the noble Baroness, Lady Ludford. I have to put it o...

Lord Hodgson of Astley Abbotts | 818 c1508 (Link to this contribution)

I shall intervene very briefly because, as the noble Baroness, Lady Bennett, has reminded us, it ...

Lord Paddick | 818 cc1508-1510 (Link to this contribution)

My Lords, it is late but that does not make this clause or these amendments any less important, a...

Lord Coaker | 818 cc1510-2 (Link to this contribution)

My Lords, it is late but this is an incredibly important clause and set of amendments, so we need...

Baroness Williams of Trafford | 818 cc1511-3 (Link to this contribution)

My Lords, I thank again all noble Lords who have spoken to these amendments. I will start by addr...

Lord Paddick | 818 c1513 (Link to this contribution)

I am sorry to interrupt the noble Baroness. The Minister seems to be suggesting that this offence...

Baroness Williams of Trafford | 818 c1513 (Link to this contribution)

I was just going to go on to say that we would be working the Crown Prosecution Service with rega...

Baroness Bennett of Manor Castle | 818 c1513 (Link to this contribution)

My Lords, I have a very simple question for clarification. The Minister said that the current Gov...

Baroness Williams of Trafford | 818 c1513 (Link to this contribution)

I have just outlined our policy intent. I was just going to go on to answer the question of the n...

Baroness Lister of Burtersett | 818 c1513 (Link to this contribution)

This is from a non-lawyer, so it may be absolute rubbish. The legislation says, “This is an offen...

Baroness Chakrabarti | 818 c1514 (Link to this contribution)

Forgive me. I hesitate to rise, for obvious reasons, but I will rise anyway because I am a lawyer...

Baroness Williams of Trafford | 818 c1514 (Link to this contribution)

I take both noble Baronesses’ point but I hope I have tried to signal what the intent is through ...

Baroness McIntosh of Pickering | 818 c1514 (Link to this contribution)

Would my noble friend say, then, that the person in the boat does not have to reach the mainland?...

Baroness Williams of Trafford | 818 cc1514-5 (Link to this contribution)

I will go on to explain that in just a minute, if my noble friend will bear with me. In fact, I w...

Baroness McIntosh of Pickering | 818 c1515 (Link to this contribution)

My Lords, I am sorry to labour the point, but may I just confirm that my noble friend is saying t...

Baroness Williams of Trafford | 818 c1515 (Link to this contribution)

I am saying that a person who facilitates the arrival of migrants rescued at sea and brought to t...

Lord Paddick | 818 c1515 (Link to this contribution)

I am sorry to interrupt the noble Baroness again but surely it must be possible to draft an offen...

Baroness Williams of Trafford | 818 cc1515-6 (Link to this contribution)

My Lords, people do it for different reasons and that is where the difficulty lies. If we do not ...

Baroness Hamwee | 818 c1516 (Link to this contribution)

I am left rather breathless by some of that, as I think some other noble Lords are. Section 25A o...

Baroness Williams of Trafford | 818 c1516 (Link to this contribution)

Maybe I was not being clear, but I was trying to describe the law as it currently stands. I have ...

Baroness Hamwee | 818 c1516 (Link to this contribution)

I just realised that what I meant to ask was whether the Minister has any comment on my point abo...

Baroness Williams of Trafford | 818 c1516 (Link to this contribution)

I had a note about that but I was so fixated on answering the other question from my noble friend...

Baroness Hamwee | 818 c1516 (Link to this contribution)

Before we know what the scheme is, in fact.

Baroness Ludford | 818 c1517 (Link to this contribution)

My Lords, the noble Baroness has, in her normal manner, made a very good attempt to justify Claus...

Lord Coaker | 818 cc1517-8 (Link to this contribution)

Moved by

Lord Coaker

124A: After Clause 39, insert the following new Clause—

“G...

Bishop of London | 818 cc1518-1520 (Link to this contribution)

My Lords, Amendment 140 in my name and those of the noble Baroness, Lady Meacher, and the noble L...

Baroness Meacher | 818 cc1520-1 (Link to this contribution)

My Lords, I rise with a heavy heart and no optimism to support most strongly Amendment 140 in the...

Lord Paddick | 818 cc1521-2 (Link to this contribution)

My Lords, there are two amendments in this group. The first, Amendment 124A, is about offences un...

Lord Sharpe of Epsom | 818 cc1522-4 (Link to this contribution)

My Lords, I thank the noble Lord, Lord Coaker, and the right reverend Prelate the Bishop of Londo...

Lord Hodgson of Astley Abbotts | 818 c1523 (Link to this contribution)

My Lords, my noble friend referred to the National Police Chiefs’ Council producing guidance. Thi...

Lord Sharpe of Epsom | 818 c1523 (Link to this contribution)

I thank my noble friend for that intervention. I remember the debate on the fact that it is not a...

Lord Coaker | 818 c1523 (Link to this contribution)

My Lords, I thank the Minister for his reply and for the care he took to try to answer the variou...

Lord Coaker | 818 c1525 (Link to this contribution)

Moved by

Lord Coaker

125: Clause 40, page 41, line 40, leave out subsection (3)

Lord Coaker | 818 cc1525-7 (Link to this contribution)

I beg to move Amendment 125 on behalf of m noble friend Lord Rosser. Again, it is unfortunate tha...

Baroness Jolly | 818 cc1527-9 (Link to this contribution)

My Lords, I am very grateful to have the support of the noble Lord, Lord Coaker. I introduced Ame...

Baroness Bennett of Manor Castle | 818 c1529 (Link to this contribution)

My Lords, I rise to speak to this group of amendments. My noble friend Lady Jones of Moulsecoomb ...

Lord Macdonald of River Glaven | 818 cc1529-1530 (Link to this contribution)

My Lords, Amendment 132A is in the name of the noble Baroness, Lady Kennedy of The Shaws, to whic...

Baroness Hamwee | 818 cc1530-1 (Link to this contribution)

My Lords, it is right to put on record that the noble Lord, Lord Macdonald, has been sitting here...

Baroness Ludford | 818 c1531 (Link to this contribution)

My Lords, I will speak to Amendments 130, 131, 133 and 135, which all stem from JCHR reports.

...
Baroness Chakrabarti | 818 cc1531-2 (Link to this contribution)

My Lords, justice and immigration offences should make a distinction between those seeking illega...

Lord Paddick | 818 cc1532-4 (Link to this contribution)

My Lords, I have been disciplined in my responses to previous groups. This group of amendments is...

Baroness Williams of Trafford | 818 cc1534-5 (Link to this contribution)

My Lords, I will start with Amendment 125. I agree with the need to protect those acting with goo...

Baroness Ludford | 818 c1535 (Link to this contribution)

Unless my brain has gone completely to mush at this late hour, I do not think that I objected to ...

Baroness Williams of Trafford | 818 cc1535-6 (Link to this contribution)

My brain has also gone to mush—let us all just reveal here—but I thought that she originally aske...

Baroness Chakrabarti | 818 c1536 (Link to this contribution)

On that specific point, it looks as though that is a defence. Therefore, the burden would be on t...

Baroness Williams of Trafford | 818 c1536 (Link to this contribution)

What I was trying to say was that, unless we can disprove it beyond all reasonable doubt, the def...

Lord Paddick | 818 c1536 (Link to this contribution)

I am terribly sorry to interrupt the noble Baroness, but there is no exemption for a rescuer from...

Baroness Williams of Trafford | 818 c1536 (Link to this contribution)

It is probably important to be clear here that an offence has not been committed. There is no def...

Baroness Bennett of Manor Castle | 818 c1536 (Link to this contribution)

My Lords, I am sorry, but I feel that there is something really important here. I am not a legal ...

Baroness Williams of Trafford | 818 c1536 (Link to this contribution)

Yes. The point I am making, in response to the point made by the noble Baroness, Lady Chakrabarti...

Baroness Chakrabarti | 818 c1536 (Link to this contribution)

My Lords, I am sorry but this is so important and I do not want to be bullied into submission bec...

Baroness Williams of Trafford | 818 c1537 (Link to this contribution)

Rescuers have to prove to the evidential burden. In order to prosecute, we have to prove beyond r...

Lord Paddick | 818 c1537 (Link to this contribution)

My understanding is that the Crown Prosecution Service makes decisions on the basis of the public...

Baroness Williams of Trafford | 818 c1537 (Link to this contribution)

I do not know what the noble Lord’s question is.

Lord Paddick | 818 c1537 (Link to this contribution)

The Minister is talking about evidential levels: the evidential level the prosecutor has to prove...

Baroness Williams of Trafford | 818 cc1537-9 (Link to this contribution)

Would the Committee be content if I wrote further on this matter? Excellent.

I am not quite...

Lord Coaker | 818 cc1539-1540 (Link to this contribution)

I thank the Minister for her response, but I must say to her that a letter will not do on the que...

Baroness Hamwee | 818 c1540 (Link to this contribution)

Moved by

Baroness Hamwee

137A: Clause 45, page 48, line 19, after “removed” insert “w...

Baroness Hamwee | 818 cc1540-1 (Link to this contribution)

Amendments 137A, 137B, 137C and 137D relate to removal notices. They seek an assurance, if that i...

Baroness Ludford | 818 cc1541-2 (Link to this contribution)

My Lords, I shall overlap with my noble friend in speaking to the proposal that Clause 47 should ...

Lord Paddick | 818 c1542 (Link to this contribution)

My Lords, my noble friend Lady Hamwee’s amendments seek clarification on the destination to which...

Lord Coaker | 818 cc1542-3 (Link to this contribution)

My Lords, on Clause 45 there are concerns about priority removal notices, but I am aware that at ...

Baroness Williams of Trafford | 818 cc1543-5 (Link to this contribution)

My Lords, first, in answer to the question from the noble Lord, Lord Coaker, I am sure that the f...

Baroness Hamwee | 818 c1545 (Link to this contribution)

My Lords, given the hour, I shall say simply that I am grateful to the Minister, as always; her c...

Lord Paddick | 818 c1545 (Link to this contribution)

Moved by

Lord Paddick

138: After Clause 47, insert the following new Clause—

“I...

Lord Paddick | 818 cc1545-7 (Link to this contribution)

My Lords, in moving my amendment I shall speak also to the other amendments in the group. The con...

Baroness Neville-Rolfe | 818 cc1547-8 (Link to this contribution)

My Lords, I will speak to Amendment 193 in my name, and I am grateful to the noble Lord, Lord Gre...

Lord Hodgson of Astley Abbotts | 818 cc1548-9 (Link to this contribution)

My Lords, I have put my name to Amendment 193. I last spoke at 11.04 pm and it is now 1.30 am, so...

Baroness Bennett of Manor Castle | 818 c1549 (Link to this contribution)

My Lords, I am sure the Committee will be pleased to hear that I am not going to engage with all ...

Lord Coaker | 818 c1550 (Link to this contribution)

My Lords, the noble Lord, Lord Paddick, has picked up a number of important points with these ame...

Lord Sharpe of Epsom | 818 cc1550-3 (Link to this contribution)

My Lords, I thank the noble Lord, Lord Paddick, for tabling Amendment 138, which I will deal with...

Baroness Neville-Rolfe | 818 c1553 (Link to this contribution)

I thank my noble friend for the helpful tour d’horizon, but I think he was saying that the weekly...

Lord Sharpe of Epsom | 818 c1553 (Link to this contribution)

That is right, yes. We will publish those statistics as my noble friend said.

Baroness Neville-Rolfe | 818 c1553 (Link to this contribution)

It would be helpful to access them; it is very difficult as a Back-Bencher. The quarterly/weekly ...

Lord Coaker | 818 c1553 (Link to this contribution)

I just want to be clear: the Government are moving from daily statistics on the number of migrant...

Lord Sharpe of Epsom | 818 c1553 (Link to this contribution)

I think I said that the first set of statistics of that type will be published this month, in Feb...

Baroness Neville-Rolfe | 818 c1553 (Link to this contribution)

But that means that we will no longer get daily or weekly figures. We will get only quarterly fig...

Lord Coaker | 818 c1553 (Link to this contribution)

Why is it happening? So far as transparency and trust in the Government’s figures on migration an...

Lord Sharpe of Epsom | 818 c1554 (Link to this contribution)

I am not sure that I can answer that question.

Lord Paddick | 818 c1554 (Link to this contribution)

My Lords, I thank the Minister for his comprehensive reply, although clearly some of the answers ...

Baroness Ludford | 818 c1554 (Link to this contribution)

Moved by

Baroness Ludford

139: After Clause 47, insert the following new Clause—

<...
Baroness Ludford | 818 cc1554-5 (Link to this contribution)

My Lords, Amendment 139 is another suggestion from the Joint Committee on Human Rights. I move it...

Lord Paddick | 818 c1555 (Link to this contribution)

My Lords, we support this amendment for the reasons that my noble friend has explained.

Lord Coaker | 818 c1555 (Link to this contribution)

My Lords, we have little to add. This seems to be a common-sense change that embeds an existing w...

Baroness Williams of Trafford | 818 c1555 (Link to this contribution)

My Lords, the Secretary of State has discretion to waive the full capacity requirement, and the i...

Baroness Ludford | 818 cc1555-6 (Link to this contribution)

My Lords, the Home Office is inordinately fond of discretion rather than the clear rules which wo...

Baroness Hamwee | 818 cc1556-7 (Link to this contribution)

My Lords, I remarked some time ago that the noble Lord, Lord Macdonald, had sat through nine and ...

Baroness Lister of Burtersett | 818 cc1558-1560 (Link to this contribution)

My Lords, I speak to Amendments 146 and 148 in my name and that of the noble Baroness, Lady Neube...

Baroness Neuberger | 818 c1559 (Link to this contribution)

My Lords, I support the noble Baroness, Lady Lister of Burtersett, in her Amendments 146 and 148....

Baroness Neville-Rolfe | 818 cc1559-1561 (Link to this contribution)

My Lords, I rise to support Amendment 151, which is in the name of the noble Lord, Lord Green of ...

Baroness Ludford | 818 cc1561-2 (Link to this contribution)

I will speak to Amendment 147 in the name of the noble Lord, Lord Dubs, and support Amendment 151...

Baroness Bennett of Manor Castle | 818 c1562 (Link to this contribution)

My Lords, I express the Green group’s support for everything said by the noble Baronesses, Lady H...

Lord Hodgson of Astley Abbotts | 818 c1563 (Link to this contribution)

I have just two sentences, really. I think it is unfair of the noble Baroness, Lady Bennett of Ma...

Lord Paddick | 818 c1563 (Link to this contribution)

My Lords, like the tightening of restrictions on claims of modern slavery, which we will come to ...

Lord Paddick | 818 cc1563-4 (Link to this contribution)

Perhaps I was not listening—I do apologise. It says that puberty assessment and bone age assessme...

Lord Coaker | 818 cc1564-5 (Link to this contribution)

My Lords, it is late, but we need to spend a little time on this whole part of the Bill. Notwiths...

Lord Stewart of Dirleton | 818 cc1565-6 (Link to this contribution)

My Lords, I begin by thanking noble Lords who have tabled amendments and contributed to the debat...

Baroness Lister of Burtersett | 818 c1566 (Link to this contribution)

I apologise if the Minister was about to come on to this, but they are not being used as a diagno...

Lord Stewart of Dirleton | 818 c1566 (Link to this contribution)

The point I was making is that they are used as a diagnostic tool in ordinary dentistry. I apolog...

Baroness Lister of Burtersett | 818 c1566 (Link to this contribution)

Of course, but that is for a clinical reason. I realise that is what he meant, but my point is th...

Lord Stewart of Dirleton | 818 c1567 (Link to this contribution)

As the noble Baroness anticipated, I will be going on to deal with the point that she raises.

...
Lord Paddick | 818 c1567 (Link to this contribution)

My Lords, the figure that I quoted was for 2019, which is the most up-to-date figure. That is per...

Lord Stewart of Dirleton | 818 cc1567-8 (Link to this contribution)

I hear what the noble Lord has to say. As I say, the figures that I have bear on a broader field,...

Baroness Neville-Rolfe | 818 c1569 (Link to this contribution)

Moved by

Baroness Neville-Rolfe

151B: After Clause 56, insert the following new Claus...

Baroness Neville-Rolfe | 818 c1569 (Link to this contribution)

My Lords, I have no wish to delay the House at this late hour, but this is an important provision...

Baroness Hamwee | 818 cc1569-1570 (Link to this contribution)

My Lords, my noble friend Lord Paddick and I have registered our opposition to Clause 69 standing...

Baroness Bennett of Manor Castle | 818 c1570 (Link to this contribution)

My Lords, the noble Baroness, Lady Hamwee, was utterly to the point and delivered a very clear me...

Lord Paddick | 818 c1570 (Link to this contribution)

My Lords, as my noble friend Lady Hamwee said, we do not believe that Clause 69 should stand part...

Lord Coaker | 818 c1571 (Link to this contribution)

My Lords, I will not say much about this amendment, but the title of Clause 69 is astonishing:

Lord Sharpe of Epsom | 818 cc1571-3 (Link to this contribution)

My Lords, I thank my noble friend Lady Neville-Rolfe for explaining her Amendment 151B. We should...

Baroness Neville-Rolfe | 818 c1574 (Link to this contribution)

My Lords, I thank my noble friend for his comments on visa penalties and for the debate. I found ...

Lord Ashton of Hyde | 818 c1574 (Link to this contribution)

My Lords, just before we go, I say on behalf of us all a very big thank you to clerks, staff of t...

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