My Lords, in rising to support the proposal that Clause 11 do not stand part, to which I have added my name, I declare my interest in relation to both RAMP and Reset, as set out in the register. Along with colleagues on these Benches, I looked carefully at the possibility of making amendments to Clause 11 along the lines of those proposed, and reached the conclusion that the only thing we could fully support was the removal of the clause.
The proposal to separate refugees into two groups depending on how they arrived in the country, and whether it was their first country of arrival, are inimical to the whole basis on which the refugee convention is built. It is a betrayal of the letter and spirit of it. The idea that asylum must be claimed in the first country of arrival has no basis in international law; this is the view of the UNHCR and of the legal community. If imposed, it would place an unsustainable burden on a small number of nations, most of which are already under immense strain. The whole purpose of an internationally agreed convention is to recognise that the responsibility for the care and support of refugees needs to be carried by the whole global community. We recognise this as a nation by setting up and running resettlement schemes, working with the international community. So to try and declare this for those who claim asylum on arrival here, even if they have passed
through other nations, does not logically fit with our recognition of the need for global collaboration and a global sharing of the demands.
I say to the noble and learned Lord, Lord Clarke, that the danger is that we go into a wider refugee debate rather than debating the clause. The vast bulk of the 80 million refugees have no desire to go anywhere other than back into their own country. That is where most of them wish to go; I have seen that and talked to them first-hand.
However, let us for a few minutes work with the idea of claiming asylum only in the first nation of arrival, and see how this would work with the proposals in Clause 11 for our nation. We are an island nation; therefore, no one could ever make a first arrival here by land—no one in group 1. We are an island nation, so arrival by sea is a clear option, but none of us wants to see arrivals by sea in unsafe boats. So the safe ways must be via ferries, or cargo or passenger ships coming from longer distances away. The likelihood that such journeys could be undertaken in a way that is deemed legal under the Bill is very slim.
Those fleeing persecution, domestic violence, war and the impact of climate change may well have to do so without all the relevant paperwork, and certainly with no valid visa. They might just secure a paid-for passage without all this but it is highly unlikely. It is more likely that they will find themselves having to stow away in a van, lorry or container, or somewhere on the boat, so they will arrive having travelled illegally—hence they go into group 2. The number who would travel in complete fulfilment of the Bill in a legal manner would be minimal—almost no one in group 1.
We are an island nation, so arrival by air is the other clear option. Stowing away on an aeroplane is decidedly harder than on a ship but might just be possible. However, I think we all understand it is illegal, so such arrivals would go straight into group 2. Perhaps someone somehow manages to purchase a ticket and travel with their own passport but with no visa. As it happens, I was nearly refused entry to a plane when returning home from Portugal last autumn because of an issue over my Covid vaccine passport, so how one would succeed without a valid visa is an interesting question. It might just happen; however, on arrival, there is no visa so they could easily be deemed an illegal arrival, therefore in group 2.
Perhaps they have a visa as a student, so entry happens legally. But this student is not simply studying; they are fleeing because they are gay and know that they will be persecuted in their home nation if they come out. That will be made worse for them because they also come from a minority tribe who already feel put down, so on arrival they claim asylum on the basis of their sexuality and the likelihood of persecution. However, this was not the purpose of their visa. This is not theory: it is the story of Azmat, who I, along with several other Peers, met online last week. Such people do not qualify for group 1 but go into group 2.
The UK resettlement scheme and the Afghan citizens resettlement scheme are not open to all the nationalities most commonly accepted as refugees by the UK Government. Vulnerable people requiring protection will therefore become group 2 refugees. People cannot jump a queue where there is simply no queue to join.
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I believe that this clause will effectively make the vast majority of asylum seekers group 2 refugees. I additionally believe that every attempt will be made to reduce what is regarded as “good cause” for arriving illegally. Can the Minister set out the evidence that shows how reducing the rights and entitlements of refugees will have the effect of actually deterring dangerous journeys? Is there any evidence? Secondly, what estimate has the Home Office made of the cost of needing to reassess a refugee’s protection needs every two and a half years, and what impact will that have on existing delays in making asylum decisions?
At Second Reading, the Minister challenged those of us opposed to many aspects of the Bill to say what should happen. On this matter, I believe it is straightforward: accept that, for a wide variety of perfectly reasonable grounds, some people seeking asylum want to do so in this country—although most actually choose to go to other countries. Huge numbers do not prefer us; they prefer to seek asylum elsewhere. But, for those who do, we must treat them all equally; ensure that there are adequate, well-trained staff to process applications in a timely and accurate way; have a wide volunteer force to support people seeking asylum while they go through that process; and supply good legal aid for people seeking asylum at the beginning of their asylum application. Yes, it will cost more initially, but if the right to work is also granted—we will come back to that later—and the process is handled with due speed, it will not cost more than the lengthy periods currently endured by far too many people seeking asylum, together with the costs to the Government of their reliance on the appeals process to ensure that a correct decision is made.
Additionally, far more time and energy should be put into the creation of really effective, safe and regular routes. The UK resettlement scheme should be expanded to ensure that it is open to more people who would otherwise use irregular routes. We should make it possible for people to apply for humanitarian visas in order to claim asylum and ensure that all refugees have access to family reunion, with a broader definition of family members who qualify. These all give people ways of cutting out the criminal gang in their journey to safety; we all want to cut out the criminal gangs.
The whole purpose of an internationally agreed system is to ensure that all asylum seekers find themselves treated on the basis of an equal opportunity for their case to be presented and heard. Distinguishing in the way proposed is immensely dangerous for such equal treatment and for the maintenance of an internationally agreed system. As framed, these proposals present a nation that wants to be not a global, generous Britain but a little, mean-minded Britain, determined to play less and less of a role in the world. This will not do, and I do not believe that the British public want us to play less and less of a role in the world.
I say to the noble Lord, Lord Horam, that one of the things that happens when people meet those seeking asylum and refugees, and hear their stories, is that they change their mind and heart. I have seen it time and again in Gateshead, Hartlepool, Darlington, Stockton and Sunderland: people welcome the refugees and
discover that they want these people to be their neighbours and to be part of this nation. This clause needs simply to be removed.