My Lords, my first reaction to these amendments was to wonder why they were necessary. Surely it is already possible to refuse to grant visas, or to slow the processing of visas to nationals of a hostile foreign state. The Government seem to be doing a good job of not granting visas to Ukrainian nationals fleeing war, so why can they not refuse to grant visas to Russians?
On that issue, I would like the Minister to explain why the Home Secretary told the other place yesterday:
“I confirm that we have set up a bespoke VAC en route to Calais but away from the port because we have to prevent that surge from taking place.”
Later, when challenged, the Home Secretary said:
“I think the right hon. Lady did not hear what I said earlier. I said that I can confirm that we are setting up another VAC en route to Calais—I made that quite clear in my remarks earlier on.”—[Official Report, Commons, 7/3/22; cols. 27, 40.]
Can the Minister explain why the Home Secretary gave inaccurate information and then blamed the shadow Home Secretary for mishearing?
Why have the Government accepted only 508 Ukrainian refugees—as I think the Minister said earlier in the House—while Ireland has accepted 1,800? What makes the UK so unique? Are these amendments not more of the Government saying that they are going to do something, instead of actually doing something?
I am also concerned about subsection (6), to be inserted by Amendment 70B, which would allow the Secretary of State to
“make different provision for different purposes … provide for exceptions or exemptions … include incidental, supplementary, transitional, transitory or saving provision.”
In other words, the new clause seems to allow the Secretary of State to do whatever she wants—including to allow into the UK whoever she wants, despite a general ban on a particular country. Where is the parliamentary oversight?
Amendment 70C would allow the Secretary of State to specify that a country is posing a
“risk to international peace and security”,
or a risk of “armed conflict”, or a risk of breaching “international humanitarian law”, if that is her opinion. There is no qualification that she should be satisfied on the balance of probabilities or beyond reasonable doubt, for example, but simply that she is of that opinion. Again, where is the parliamentary oversight?
These new amendments allow the Secretary of State to impose, or not impose, visa restrictions and penalties on countries which, in her opinion, pose a threat. This allows her to exempt whoever she thinks should be exempted, without any parliamentary scrutiny, oversight or involvement in the decision-making. Will the Minister consider withdrawing these amendments and bringing them back at Third Reading with the necessary safeguards in place?