My Lords, this Bill fails to respect our international obligations and will therefore undermine the reputation of this country and our influence across the world. For this reason and others, I believe this House has a moral obligation to prevent this Bill from reaching the statute book unless it is very severely amended.
The UN High Commissioner for Refugees makes the point that there are virtually no ways to claim refugee protection before arriving in the UK—with the obvious exception of people from Ukraine and Hong Kong. Anyone arriving without having already obtained refugee status will be regarded as arriving irregularly and will be locked up before being deported. This Bill therefore amounts to an asylum ban for victims from most unsafe countries.
Particularly shocking is the fact that these inhumane provisions apply even to unaccompanied children, who will be removed at the age of 18. To make matters worse, people will not be able to apply for immigration bail for the first 28 days, nor will they be able to obtain a judicial review regarding the lawfulness of their removal.
As others have said, the Bill drives a coach and horses through the Modern Slavery Act; we have to address this, along with many other issues. The idea behind the Bill is to deter people from coming to the UK in boats across the channel—but, as well as being inhumane, the Bill will not achieve this objective. The assumption is that people can be quickly returned to their own country. However, most people who come here as asylum seekers come from unsafe countries—Afghanistan, Syria, Iran, et cetera—and the Bill prohibits people from being returned to such countries. There are other countries, of course, defined as safe which imprison people who are non-believers simply because of their lack of faith. An obvious option would have been to remove asylum seekers to EU countries—safe countries they may have come through on their way to the UK—but the Brexit withdrawal agreement makes this impossible.
When the Government’s own statistics and research show that the deterrent model they have chosen does not work, can the Minister explain why they have failed to bring forward a Bill to tackle the business model of the people smugglers operating in the channel—an approach that would undoubtedly succeed in stopping the small boats and would, in fact, tackle the villains rather than the victims? The fact is that there are alternatives. In disliking this Bill, we are very clear that there are perfectly good alternatives.
What will be the cost to the UK of this policy? It will require a massive expansion of the detention estate—10,000-plus beds, according to the Refugee Council. The quality of those detention facilities will surely be appalling. The Home Office regards the
approach used on the Greek islands of Chios, Lesvos and Samos as the right model for the UK’s response to asylum seekers, but Médecins Sans Frontières describes the accommodation in those facilities as “deplorable” and points to appalling suffering, exacerbated by the daily stresses and constant fears of the asylum seekers involved. Is this really the model that the UK Government wish to adopt? I do not think so. I fear that we have a Home Secretary who may be out of line with others.
Finally, I turn to the mental health consequences of the Bill. The people detained under it will have had a high prevalence of trafficking, torture and sexual and gender-based violence. The Royal College of Psychiatrists rightly points out that the Bill is likely to precipitate a significant deterioration of mental health problems in most cases. The consequences for children, with both mental and physical symptoms, are particularly distressing.
This Bill is cruel, immoral and unworkable. I call on the Government to accept the need for far-reaching amendments and, if necessary, withdraw the Bill wholesale at Third Reading.
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