My Lords, this Bill is one of anachronisms; it is not suitable for our time and does not reflect the values of our country. It has consequences that go far beyond the supposed effect of the paper that the Bill is written upon.
The Bill starts with a statement under Section 19 of the Human Rights Act that the Minister is unable to say that its provisions are compatible with the rights contained in the ECHR—an express acknowledgement that the Bill puts human rights at risk. However, the Secretary of State for Home Affairs stated in the Commons that she was “confident” and “certain” that the Bill’s measures are compatible with our international obligations. So, at the outset, can the Minister tell the House when he replies whether the words on the front of this Bill are as a result of legal advice to Ministers and that the certainty expressed by the Secretary of State is her view and not that of the Government’s legal advisers? I look forward to a report of the Joint Committee on Human Rights, which would be very timely, if we could see it speedily.
Secondly, we are offered no impact assessment to accompany the Bill. As my noble friend Lady Kramer asked: where is the evidence? Why was the Bill put together in such haste that one could not be prepared? Is it because, as there are no options in this Bill, it does not merit an impact assessment? Given that the Bill’s consequences will require large amounts of money, we are at least entitled to know its impact on public finances and resources.
Thirdly, this Bill sets up a substantial shift of power from the courts to the Secretary of State, and from this Parliament to the Secretary of State. The Bill sets up the Government as both judge and jury in a court
of their own making. Clause 1(5) of the Bill disapplies Section 3 of the Human Rights Act, meaning that courts will no longer be required to read provisions—or any regulations that the Home Secretary makes under the extensive delegated powers she gives to herself—to verify their compatibly with convention rights. Using as of now unknown legislation, the Bill proposes giving the Secretary of State very broad powers, which Parliament will have no ability to alter or to demand a government rethink.
I illustrate my fourth concern through the story of Linh, who was trafficked into the United Kingdom at the age of 15. She was discovered by police in the back of a lorry. Social services placed her with a foster family, where it was discovered that Linh was five months pregnant, having been raped by her traffickers. Fortunately, Linh was able to move in with the foster family and give birth to her son. Under this Bill, Linh would not be able to use her status as a victim of human trafficking to challenge her removal. Even if Linh had passed through a safe country, she could not have claimed asylum there because she was held prisoner by her trafficker. Under this Bill, Linh would not be able to make a new life in the United Kingdom for her and her son. Moreover, the hand of Linh’s captor would have been strengthened by this Bill. They would have threatened that, if she tried to escape and contact the authorities, she would be removed from the United Kingdom rather than be provided with safety. The Illegal Migration Bill would serve the interests of Linh’s captors rather than secure her rights.
So, we are presented with a Bill which flouts human rights legislation and deprives those seeking asylum of their right to have their case heard. It is a Bill which amasses power to the Government from the courts and Parliament, and breaches our international obligations.
Of course we face an issue that requires a solution, but that means working with our international partners, including our partners in Europe. There seems to be a fundamental issue here: if the United Kingdom does not like the treaties and international obligations to which it is signed up, it should seek those international solutions that sit at the heart of our international obligations and not try to find a route that will have no success.
This is a dreadful Bill built purely on political dogma. It is unworkable. I have yet to meet anyone who believes that it will achieve any of the aims it sets out. It will leave tens of thousands of people in limbo in this country. It will bring misery to those who genuinely have a case to ask us for a place of refuge. There are no safe routes for many of these people; after the Bill is passed there will be no routes other than the very limited ones before it. It is certainly the case that it does not have to be like this. There are perfectly decent, just and fair alternatives.
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