UK Parliament / Open data

Nationality and Borders Bill

Lords Committee stage third day. Clauses 13 to 22 agreed to. Schedule 2 and Clause 23 agreed to. Clauses 24 to 27 agreed to. (Part 2 of 2).
Type
Parliamentary proceeding
Reference
818 cc1085-1152 
Session
2021-22
Legislative stage
Committee stage
Chamber / Committee
House of Lords chamber
Nationality and Borders Bill 2021-22. Brought from the Commons.
Thursday, 9 December 2021
Bills
House of Lords
Deposited Paper DEP2022-0181
Friday, 25 February 2022
Deposited papers
House of Lords
Deposited Paper DEP2022-0205
Friday, 25 February 2022
Deposited papers
House of Lords
Deposited Paper DEP2022-0209
Wednesday, 2 March 2022
Deposited papers
House of Lords
Proceeding contributions
Lord Ashton of Hyde | 818 c1085 (Link to this contribution)

My Lords, during the hybrid House my children thought that all I ever said in this place was “Ple...

Lord Paddick | 818 c1085 (Link to this contribution)

Moved by

Lord Paddick

67: Clause 13, page 17, line 1, leave out subsection (7)

...


Show all contributions (113)
Lord Paddick | 818 cc1085-6 (Link to this contribution)

My Lords, the Committee will be pleased to hear that I am not hangry any more. I would not like t...

Lord Coaker | 818 cc1086-7 (Link to this contribution)

My Lords, I have a couple of questions for the Minister on Amendment 67. I will be interested to ...

Baroness Williams of Trafford | 818 c1087 (Link to this contribution)

I thank noble Lords for speaking to these amendments. In terms of territorial waters,

Lord Coaker | 818 c1088 (Link to this contribution)

I absolutely understand why the Minister has said what she has with respect to the Home Secretary...

Baroness Williams of Trafford | 818 c1088 (Link to this contribution)

I agree with the noble Lord and I will clarify the point on this issue. He knows that I will clar...

Lord Paddick | 818 c1088 (Link to this contribution)

My Lords, I thank the noble Lord, Lord Coaker, for his intervention. From memory—and I have to sa...

Lord Etherton | 818 c1089 (Link to this contribution)

Moved by

Lord Etherton

68: Clause 14, page 17, line 41, at end insert—

“(c) fai...

Lord Etherton | 818 cc1089-1090 (Link to this contribution)

In moving the amendment in my name, I should say that I have also put my name to the proposal fro...

Lord Dubs | 818 cc1090-1 (Link to this contribution)

My Lords, notwithstanding the fact that we have touched on some of these issues before, we have t...

Lord Horam | 818 cc1091-2 (Link to this contribution)

My Lords, I agree with the noble Lord, Lord Dubs, that there has to be some shared responsibility...

Baroness Ludford | 818 cc1092-3 (Link to this contribution)

My Lords, I do not think that the noble Lord is right about EU arrangements. I remember as an MEP...

Baroness Chakrabarti | 818 cc1093-4 (Link to this contribution)

My Lords, unsurprisingly, I agree with everyone who has spoken so far except, I am afraid, for th...

Lord Cashman | 818 c1094 (Link to this contribution)

My Lords, it is a pleasure to follow my noble friend Lady Chakrabarti. I will be brief. I thank t...

Baroness Jones of Moulsecoomb | 818 c1094 (Link to this contribution)

My Lords, I am going to make a short speech about how the Government want to have their cake and ...

Lord Kerr of Kinlochard | 818 c1094 (Link to this contribution)

My Lords, I agree with the noble Baroness, Lady Chakrabarti, but my feeling about these amendment...

Baroness Chakrabarti | 818 c1094 (Link to this contribution)

I am so sorry but would the noble Lord remove his mask for a moment so we could better hear his w...

Lord Kerr of Kinlochard | 818 cc1094-5 (Link to this contribution)

Was everything I said even more incomprehensible than usual? Basically, I am saying that we can a...

Bishop of Durham | 818 c1095 (Link to this contribution)

My Lords, very briefly, my deep concern is that the Government’s proposal virtually rules out us ...

Baroness Hamwee | 818 cc1095-6 (Link to this contribution)

My Lords, my name is to a number of amendments in this group—including Amendments 69A, 71A, 71B, ...

Lord Paddick | 818 cc1096-7 (Link to this contribution)

My Lords, there are lots of issues here, but I start by making an overarching comment. A decade o...

Lord Rosser | 818 cc1098-1100 (Link to this contribution)

I have the Clause 15 stand part debate and Amendment 195 in my name. I thank the noble Lord, Lord...

Lord Etherton | 818 cc1100-1 (Link to this contribution)

My Lords, I support the proposal from the noble Lord, Lord Rosser, to exclude Clause 15 from the ...

Baroness Williams of Trafford | 818 cc1101-2 (Link to this contribution)

My Lords, I thank noble Lords again for speaking to this group of amendments. I appreciate the th...

Baroness Chakrabarti | 818 c1102 (Link to this contribution)

Briefly, on the Minister’s previous point in response to the right reverend Prelate about refugee...

Baroness Williams of Trafford | 818 cc1102-3 (Link to this contribution)

Can I write to the noble Baroness on that? I suspect that I will misspeak if I try to answer beca...

Lord Dubs | 818 c1103 (Link to this contribution)

Will the Minister confirm that to date we do not have an agreement with any country for the retur...

Baroness Williams of Trafford | 818 c1104 (Link to this contribution)

There are countries that we can return people to but, as I said, I will not provide a running com...

Bishop of Durham | 818 c1104 (Link to this contribution)

If I remember rightly, we returned only five last year. It is partly to do with Covid, I fully ac...

Baroness Williams of Trafford | 818 c1104 (Link to this contribution)

I am not disagreeing with the need to have formal arrangements in place to return people. On that...

Lord Kerr of Kinlochard | 818 c1104 (Link to this contribution)

How does case-by-case work? If we are not going to have agreements and the Minister says it is mu...

Baroness Williams of Trafford | 818 c1104 (Link to this contribution)

I think it is both. We need to assess people on a case-by-case basis and we need to have return a...

Lord Rosser | 818 c1104 (Link to this contribution)

Does that mean that the Government accept that Clause 15 is pretty meaningless without such agree...

Baroness Williams of Trafford | 818 c1104 (Link to this contribution)

No, I do not accept that Clause 15 is meaningless. I am agreeing that we need to have return agre...

Lord Rosser | 818 c1104 (Link to this contribution)

If we do not have return agreements in place by the time this clause comes in, we will end up wit...

Baroness Williams of Trafford | 818 c1105 (Link to this contribution)

I was going to go on to say that if no agreement is possible within a reasonable period, the indi...

Lord Kerr of Kinlochard | 818 c1105 (Link to this contribution)

No other country is in this position because other countries believe that the refugee convention ...

Baroness Ludford | 818 c1105 (Link to this contribution)

Surely the noble Lord, Lord Rosser, is right: there is no realistic possibility. The Minister kee...

Lord Green of Deddington | 818 c1105 (Link to this contribution)

My Lords, I am not sure whether this is helpful to the Minister or not, but the Dublin agreement ...

Baroness Williams of Trafford | 818 c1106 (Link to this contribution)

That is a very good point. I think we talked about this the other day, in terms of returns. We ac...

Lord Kerr of Kinlochard | 818 c1106 (Link to this contribution)

The noble Baroness should be careful. I quite agree that it was an interesting point, but it is a...

Baroness Williams of Trafford | 818 c1106 (Link to this contribution)

I do not know if the noble Lord heard my last point, but we do not necessarily need formal return...

Lord Rosser | 818 c1106 (Link to this contribution)

Can I just be clear? Will this then work on the basis of some ad hoc arrangements that will be de...

Baroness Williams of Trafford | 818 cc1106-7 (Link to this contribution)

My Lords, I am saying that there are a number of ways in which we can seek to secure this—formal,...

Lord Paddick | 818 c1107 (Link to this contribution)

The Minister said that two issues were widely recognised internationally. One was the definition ...

Baroness Williams of Trafford | 818 c1108 (Link to this contribution)

We have had wide discussions about the UNHCR’s opinion on this and think that we are complying wi...

Lord Green of Deddington | 818 c1108 (Link to this contribution)

My Lords, I will not move Amendment 76 and will consider the Minister’s comments on it.

Lord Etherton | 818 cc1108-9 (Link to this contribution)

My Lords, I am extremely grateful to the Minister for battling so valiantly in relation to all th...

Lord Haskel | 818 c1109 (Link to this contribution)

If Amendment 69 is agreed I cannot call Amendment 69A because of pre-emption.

Lord Haskel | 818 c1109 (Link to this contribution)

If Amendment 71B is agreed I cannot call Amendment 72 because of pre-emption.

Lord Haskel | 818 c1109 (Link to this contribution)

If Amendment 74 is agreed I cannot call Amendment 74A because of pre-emption.

Lord Coaker | 818 c1109 (Link to this contribution)

Moved by

Lord Coaker

77: Clause 17, page 21, line 15, at end insert—

“(1A) The ...

Lord Coaker | 818 cc1109-1113 (Link to this contribution)

My Lords, my noble friend Lord Rosser tabled Amendments 77 and 89. In this group we also very muc...

Baroness Hamwee | 818 cc1112-4 (Link to this contribution)

My Lords, we have Amendments 78, 79, 80, 81, 82, 82A, 82B, 86A, 86B, 90 and 90A in this group. I ...

Baroness Lister of Burtersett | 818 cc1114-6 (Link to this contribution)

My Lords, I support Amendment 95 in the name of the noble Baroness, Lady Coussins, who apologises...

Lord Green of Deddington | 818 cc1116-7 (Link to this contribution)

My Lords, I will speak briefly to Amendment 85 on the destruction of documents. I am a sponsor of...

Baroness Ludford | 818 c1117 (Link to this contribution)

My Lords, I will speak to the five amendments in this group—Amendments 83, 88, 90B, 95A and 137, ...

Baroness Chakrabarti | 818 cc1117-8 (Link to this contribution)

My Lords, I shall speak against Clause 25 standing part. I agree with so much of what has already...

Lord Green of Deddington | 818 c1118 (Link to this contribution)

Would the noble Baroness like to say whether evidence is ever deliberately produced late in order...

Baroness Chakrabarti | 818 cc1118-9 (Link to this contribution)

I have no doubt that that is sometimes the case, but my point is that you do not need Clause 25 t...

Lord Cashman | 818 cc1119-1120 (Link to this contribution)

My Lords, it is a pleasure to follow my noble friend Lady Chakrabarti. I have deep concerns about...

Baroness Jones of Moulsecoomb | 818 cc1120-1 (Link to this contribution)

My Lords, I will speak to Amendments 83 and 88, which I have co-signed, and Amendment 96, but the...

Lord Etherton | 818 cc1121-2 (Link to this contribution)

My Lords, I will speak to my Amendments 82, 84, 86, 90, 91 and 96. I would like to start by takin...

Lord Paddick | 818 cc1122-3 (Link to this contribution)

My Lords, as my noble friend Lady Hamwee explained, Clause 17 has the potential for time limits t...

Lord Wolfson of Tredegar | 818 cc1123-5 (Link to this contribution)

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

Lord Green of Deddington | 818 c1125 (Link to this contribution)

My Lords, is the Minister saying that in practice—I hope he is—if someone has quite clearly destr...

Lord Wolfson of Tredegar | 818 cc1126-7 (Link to this contribution)

I really do not want —as I said earlier—to get into a position of glossing the wording of the Bil...

Lord Etherton | 818 c1128 (Link to this contribution)

Is the Minister able to give an assurance that this guidance, which has been referred to a great ...

Lord Wolfson of Tredegar | 818 c1128 (Link to this contribution)

My Lords, I think I was asked a similar question, in a different context, on the police Bill. I w...

Baroness Lister of Burtersett | 818 c1128 (Link to this contribution)

My Lords, on that very important point, perhaps the Minister will take back to the Home Office th...

Lord Paddick | 818 c1128 (Link to this contribution)

I am sorry for interrupting, but I am becoming a little confused again, I am afraid, probably bec...

Lord Wolfson of Tredegar | 818 c1128 (Link to this contribution)

Let me come to that point in a second. First, let me say that I almost took it as implicit in the...

Baroness Chakrabarti | 818 c1128 (Link to this contribution)

It may be that, because it has been a long day, I have missed something, or it may be that I have...

Lord Wolfson of Tredegar | 818 cc1129-1130 (Link to this contribution)

There are a number of ways of skinning this particular cat because there are separate amendments ...

Baroness Lister of Burtersett | 818 cc1130-1 (Link to this contribution)

It is not my amendment so maybe it could be worded better. The noble Lord gave great emphasis to ...

Lord Wolfson of Tredegar | 818 c1131 (Link to this contribution)

I think I have received the email from the Red Cross, as I think it emailed everyone. I have set ...

Baroness Lister of Burtersett | 818 c1131 (Link to this contribution)

I absolutely understand—I do not think it was in its general briefing, but it produced a separate...

Lord Wolfson of Tredegar | 818 c1131 (Link to this contribution)

In that case, I will certainly read it over the weekend. I know that those in the Home Office res...

Baroness Chakrabarti | 818 c1131 (Link to this contribution)

I am saying that, if we trust—as I am sure the Government do—immigration officers, the Secretary ...

Lord Wolfson of Tredegar | 818 c1131 (Link to this contribution)

As regards the in terrorem threat that things will be litigated ad nauseam, I am tempted to say t...

Baroness Chakrabarti | 818 c1132 (Link to this contribution)

It says that they have to have good reason.

Lord Wolfson of Tredegar | 818 c1132 (Link to this contribution)

It does not do that either.

It does not say that the tribunal “must give the evidence minim...

Baroness Chakrabarti | 818 c1132 (Link to this contribution)

I promise that this is my final intervention on the Minister, but I do not understand why we have...

Lord Wolfson of Tredegar | 818 cc1132-3 (Link to this contribution)

It is because there is absolutely nothing wrong with Parliament saying to a tribunal, “We want yo...

Lord Coaker | 818 cc1133-4 (Link to this contribution)

I thank all noble Lords who have spoken in this very important debate. I also thank the Minister....

Baroness Hamwee | 818 cc1135-6 (Link to this contribution)

My Lords, I have put my name to the proposal that Clauses 22 and 23 should not stand part of the ...

Lord Paddick | 818 cc1136-7 (Link to this contribution)

My Lords, I apologise but, in the war of attrition that this Bill has become, we seem to have los...

Lord Rosser | 818 cc1137-8 (Link to this contribution)

My Lords, the Bill’s system of penalisation includes curtailing appeal rights, as set out in Clau...

Lord Wolfson of Tredegar | 818 cc1138-9 (Link to this contribution)

My Lords, in the last group I spoke at some length. This time I hope to be more brief. The princi...

Baroness Ludford | 818 c1139 (Link to this contribution)

Moved by

Baroness Ludford

93: Clause 24, page 28, line 40, after “notice” insert “or ...

Baroness Ludford | 818 cc1139-1140 (Link to this contribution)

My Lords, as I said in an earlier group, the noble Lord, Lord Dubs, who is the lead signatory of ...

Baroness Hamwee | 818 c1140 (Link to this contribution)

My Lords, I have Amendment 94A in this group. I am sorry that I could not respond to the Minister...

Lord Paddick | 818 c1140 (Link to this contribution)

My Lords, we support the amendments in the name of the noble Lord, Lord Dubs, for the reasons my ...

Lord Rosser | 818 c1141 (Link to this contribution)

We too support the amendments we are debating. I suppose, in a sense, this clause is a rare secti...

Lord Wolfson of Tredegar | 818 cc1141-2 (Link to this contribution)

My Lords, I am grateful to all those who have contributed. These amendments obviously deal with m...

Baroness Ludford | 818 c1142 (Link to this contribution)

I am really sorry, I know we are looking at the clock, but if I have understood it, and I am sure...

Lord Wolfson of Tredegar | 818 cc1142-3 (Link to this contribution)

The noble Baroness must have had access to my notes, because that was just the point I was going ...

Baroness Hamwee | 818 c1143 (Link to this contribution)

Before my noble friend responds, could the Minister at least acknowledge that it is not just a ma...

Lord Wolfson of Tredegar | 818 cc1143-4 (Link to this contribution)

The noble Baroness’s question is quite broad. She knows that we have had a number of discussions ...

Baroness Ludford | 818 c1144 (Link to this contribution)

I appreciate the care with which the Minister has responded to these amendments. Although he star...

Baroness Ludford | 818 c1144 (Link to this contribution)

Moved by

Baroness Ludford

97: Clause 26, page 31, line 38, leave out from “State” to ...

Baroness Ludford | 818 cc1144-5 (Link to this contribution)

This clause is about accelerated detained appeals. In moving Amendment 97 I will also cover Amend...

Lord Green of Deddington | 818 c1145 (Link to this contribution)

My Lords, the noble Baroness is right to say this is the detained fast track brought back again, ...

Lord Etherton | 818 c1146 (Link to this contribution)

I speak in support of the amendment in my name in relation to Clause 26, Amendment 98. It is that...

Lord Paddick | 818 c1146 (Link to this contribution)

My Lords, for the reasons I explained in a previous group, accelerating appeals processes is not ...

Lord Rosser | 818 cc1146-8 (Link to this contribution)

In this group, I have the Clause 26 stand part amendment, and Clause 26 requires the Tribunal Pro...

Lord Wolfson of Tredegar | 818 cc1148-1150 (Link to this contribution)

My Lords, I will come to the amendments in a moment but, since we have had a number of references...

Lord Rosser | 818 c1149 (Link to this contribution)

I may not have been listening as attentively as I should have been, but if the Minister has alrea...

Lord Wolfson of Tredegar | 818 c1149 (Link to this contribution)

I shall reply to the second point first, if I may. The language in Clause 26(5) is essentially th...

Lord Rosser | 818 c1149 (Link to this contribution)

Is it the same or essentially the same? My understanding, and I may be wrong, is that the Bill no...

Lord Wolfson of Tredegar | 818 cc1149-1151 (Link to this contribution)

My Lords, I think we are at cross-purposes. I was not saying that the language had not changed; I...

Baroness Ludford | 818 cc1151-2 (Link to this contribution)

My Lords, I thank the noble Lord again for his detailed responses. On the first point, on Amendme...

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