My Lords, this is a very important group of amendments. I shall not speak particularly to my Amendment 127, supported by the noble Lord, Lord Alton, the noble Baroness, Lady Kennedy, and the noble Lord, Lord Carlile, because the debate has focused on some of the other amendments in the group and, given the hour, it is probably important to say a few words about those.
I start by saying to the Government that, unless they listen to some of the points that have been made by many noble Lords, children who deserve support will not receive it. That is the reality. Therefore, it is incumbent on the Government to look at what the Bill says and, at the very least, mitigate some of it and tighten up some of the various procedures.
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I remind your Lordships that Clause 55 is new, as it was introduced during Report in the House of Commons. It provides that a decision on the age of a person who meets the full conditions of Clause 2 is made under Sections 50 or 51 of the Nationality and Borders Act 2022. The person cannot appeal the decision, hence the crucial Amendment 121, proposed by my noble friend Lady Lister along with the right reverend Prelate the Bishop of Durham and the noble Baroness, Lady Neuberger. It is an essential change to Clause 55(2) and (3). Indeed, the noble and learned Lord, Lord Hope, tabled Amendment 123 to deal with a problem with Clause 55(5). These are essential changes to how Clause 55 will operate, in order to protect the interests of children. I hope the Minister will listen to what has been said and respond to it.
This lack of an appeal is the case, even if the age assessment is made for purposes other than removal. I also point out that any judicial review, under Clause 55(3), will not prevent or suspend the Home
Secretary from exercising a power or duty to remove a person under this Bill. Therefore, if removed, the person whose age is disputed would have to continue their judicial review from overseas and may struggle to find the appropriate support and facilities effectively to participate in it. A court may only quash the decision, as we heard from the noble and learned Lord, Lord Hope, on the basis of Clause 55.
In the ECHR memorandum, issued alongside the new amendments to the Bill, the Government have stated that, although the new clause was capable of being applied consistently with Article 6 of the ECHR, the noble Lord, Lord Murray of Blidworth, would be unable to make a statement under Section 19(1)(a) of the Human Rights Act in respect of Clause 55. Therefore, it is clear that there are substantial problems with the clause and with the Home Office’s method for age assessments.
It will be interesting to hear the Minister’s response to all the various points that have been made—but, at the heart of it, if the Government do not make some changes and bring forward some of their own amendments on the basis of the very real problems that have been identified in the Committee, we will see some amendments brought forward at Report. As my noble friend Lady Lister has pointed out, and as the noble Baroness, Lady Neuberger, and the right reverend Prelate have said, we are talking about children here. Many will be denied the justice that they deserve if this is carried forward unamended.