argyrotsipi/train-dataset huggingface dataset:
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Immigration
Lucy Neville-Rolfe (Conservative, Centre-right): My Lords, I rise to move my Amendment 33 and thank my noble friend Lord Green of Deddington for his support. This amendment would add the failure to produce identifying documents as a factor that could be taken into account in an asylum or human rights claim and might damage a claimant’s credibility The background to this is my concern that migrants, especially those coming across the channel in boats, are destroying any documents they have because they believe—usually on the advice of the people smugglers— that they will secure better treatment under the asylum system. I fear that the system we operate makes this a reality My concern increased when I saw the results of a freedom of information request by Migration Watch UK, which showed that just 2% of the thousands who have made their way to the UK in small boats across the channel are in possession of a passport. Between January 2018 and June 2021, there were 16,500 such arrivals, and only 317 were found to have a passport at the time of being processed in the UK. This figure also dropped from 4% to 1% during that period, so something was happening Asylum claimants found to have destroyed their documents can be prosecuted under a 2004 law passed by the then Labour Government, but there were only two prosecutions in 2019—a sharp decline since 2013, when there were 49 prosecutions, 44 of which were successful. The fact is that by destroying their documents, migrants make it harder for the authorities to identify the claimant and assess their claim In responding to a similar amendment in Committee, the Minister, my noble friend Lord Wolfson of Tredegar, emphasised the case-by-case nature of decision-making, which I think was welcome to noble Lords. Clause 18 of the Bill before us adds two new behaviours to Section 8 of the 2004 Act: providing late evidence without good reason and not acting in good faith. He hinted that the destruction of documents would be an example of the behaviour that a deciding authority might think was not in good faith and concluded that my amendment was not necessary. However, when pressed by my noble friend Lord Green, he refused to confirm the documentation example and wished to leave the matter to decision-makers and the courts. This is not always the safest or cheapest approach Against the worrying factual background that I have been able to set out today, I believe that this is much too uncertain and likely to lead to a continuation of the current deplorable practice. The lack of clarity is an invitation to the people smugglers to persist with their wicked advice, and their wicked and dangerous trade. My Lords, what are the Government going to do about it?
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Immigration
Robin Granville Hodgson (Conservative, Centre-right): I rise briefly to support this amendment. I had an opportunity years ago, when we were part of the European Union, to participate in an inquiry about FRONTEX and to go to Heathrow Airport to see the issues that the noble Lord, Lord Green, has just addressed. We were asked to be there at 8.30 in the morning to see what happened when people arrived at Heathrow on the overnight flights. Issues that have since been cured, largely, were then putting the immigration officers under enormous strain For example, on the day that we were there, a young man from Australia arrived who claimed to be British, but he came without any documentation; and a man from Brazil arrived for a holiday but without any money, so he was obviously going to work. Most significantly, a man on a flight from Nigeria claimed that he could not speak any of the languages available through interpreters at terminal 3, which is quite a wide range. I asked the reason for that, and they said that he will not speak until the flights back to Nigeria have left, and then he will start to speak, because otherwise he will be put back on the next flight to Nigeria. This was a prevalent issue, but I think it has now largely been tackled for the reasons given by the noble Lord, Lord Green. It was a huge gap in our ability to provide control. Those measures are not applicable to channel crossings, but we do need to find ways to tackle this issue, just as the noble Lord, Lord Green, described how we tackled it at airports. In the absence of that, we need to make it clear in law that the lack of clarity referred to by my noble friend when she moved the amendment should be taken into account by immigration officials.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Immigration
Lucy Neville-Rolfe (Conservative, Centre-right): My Lords, I thank those who have spoken in this brief debate. The very real problems of refugees, noted by the noble Lord, Lord Hylton, and of course the fact that some people do not have passports are very well understood by me. That is why my proposal is to add an extra factor that needs to be taken into account, not least to reduce the power and profiteering of the traffickers. As has been said, tribunals and officials can then take a fair view Having said that, I think that there seems to be a chink of light in some of the comments from my noble friend Lord Wolfson on how this would work. Perhaps we could discuss further before Third Reading what the Government’s approach will be, the associated regulations and so on. I am very conscious that we need time for many votes today, especially as the electronic system seems a bit slow, so for today I beg leave to withdraw my amendment.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Other
David Wolfson (Conservative, Centre-right): My Lords, I do not have the detail at my fingertips, but I can certainly undertake to write to the noble Baroness. I was just about to sit down after inviting the noble Baroness, Lady Coussins, to withdraw the amendment for the reasons that I have set out.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Other
Susan Williams (Conservative, Centre-right): I do not deny that 3 pm is too late, but that was my understanding. I will chase it, if indeed it did not go. I am glad I did not assert that comment, because I have been proved—
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Immigration
Susan Williams (Conservative, Centre-right): I have gone as far as I am willing to go by confirming that unaccompanied asylum-seeking children would not be subject to offshoring, but on some of the wider vulnerabilities it would be wrong to be drawn at this point.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Mixed Topics
Philippa Stroud (Conservative, Centre-right): My Lords, it is clear that a number of very serious outstanding questions about this policy need to be answered before we can give the Government these powers. In response to the point made by the noble Lord, Lord Horam, I agree that it is right to explore every possible policy, and that some of them will turn out to be impractical—or even, as he stated, impossible. But that process is undertaken before you bring in legislation and take powers like this: you do not bring in the legislation and then work out whether it is impractical or impossible. So I believe it is right to test the will of the House on this policy.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Immigration
David Wolfson (Conservative, Centre-right): My Lords, I am grateful to noble Lords who propose these amendments: the right reverend Prelate the Bishop of Gloucester, speaking through the right reverend Prelate the Bishop of Durham, and the noble Baroness, Lady Chakrabarti. I agree of course with the importance of the UK carefully assessing whether asylum seekers have a well-founded fear of persecution, as required under Article 1(A)(2) of the refugee convention. However, we do not agree with these amendments which, when taken together, will effectively maintain the current standard of proof for all elements of the well-founded fear test There are other undesirable implications of the amendments which I will set out briefly. The House has heard short speeches supporting a number of these amendments. I have obviously got to reply to all of them, so I hope that the House will indulge me. I will try to address them in a comprehensible order, because some of the points are related and some are discrete I come first to the point made by the right reverend Prelate the Bishop of Durham, who asked how Clause 31 would produce clarity. Clause 31 is drafted to introduce a step-by-step process for decision-makers, considering whether an asylum seeker has a well-founded fear of persecution. The central point I would make is that currently there is no such clearly structured test.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Immigration
David Wolfson (Conservative, Centre-right): I was coming to each of those points in my speech. I am not going to do so just yet, because I was, it is fair to say, on a different point, but I will come to those points in due course when I deal with the manuscript amendment Before the noble and learned Lord’s intervention, I was setting out the definition of "particular social group." I was making the point that there is no universally agreed definition and no authoritative definition of that phrase. There is, as I have said, conflicting tribunal-level case law. For example, the right reverend Prelate the Bishop of Durham referred to the Fornah decision of this House in its former judicial capacity. The point there is that it is obiter. That is really important, because that bit is obiter: it is not part of the ratio of the decision. That really underlines my point that we cannot, with great respect, cherry-pick passages of decisions which are obiter, particularly decisions of the Upper Tribunal. Ultimately, it is for the UK, as a member state and signatory, and, for this Parliament—not the Home Office—to interpret the refugee convention. That is what we have sought to do here. There are two clear conditions, and let me underline the following point: this is not a change in government policy. These conditions do not change the position—they reflect current government policy. The first condition is that members of the group share either an innate characteristic, a common background test that cannot be changed, or a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it The second condition is that the group has a distinct identity in the relevant country because it is perceived as being different by the surrounding society. The amendment would mean that a group need meet only one of the characteristics to be considered a particular social group. Obviously, that would significantly widen the scope of people who could qualify as a refugee but, relevantly for this debate, it would erode the concept that people deserve and need protection based on fundamental characteristics that go to the core of who they are, such as their faith or sexuality. It would broaden the definition to cover potentially transient factors such as an individual’s occupation, and that, we say, is incompatible with very purpose of the refugee convention.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Other
David Wolfson (Conservative, Centre-right): I am not sure that one generally takes questions on Report. I am newer than the noble Baroness, and I do not want to be rude; equally, I want to maintain the approach of the House.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Immigration
Alexander Scrymgeour (Conservative, Centre-right): My Lords, since post Brexit, the EU’s Dublin III regulation no longer protects the rights of unaccompanied children. Therefore, along with many of your Lordships, I strongly support this measure, proposed by the noble Lord, Lord Dubs, who has very simply and eloquently indicated that it is a matter of honour that an equivalent to the Dublin regulations should now by us be put in place Any ambiguity would thereby be removed and instead we would make sure, as the Dublin regulations used to, that unaccompanied children and certain other people in Europe are able to come here for asylum if a close family member should already be in the United Kingdom.
Ukraine — House of Lords, 2022-03-02
Topic: Immigration
Sandip Verma (Conservative, Centre-right): My Lords, alongside the Ukrainian people, people who are not of Ukrainian descent will also be stranded. Could my noble friend tell me what is being done to help those people, so that they are not left in danger and isolated?
Ukraine — House of Lords, 2022-03-02
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): I can give two answers. First, if they qualify under the British citizen or the settled status visa programme, they are more than entitled to use that scheme in order to apply for their visas. If they are currently stranded in or near Ukraine, they can go to one of the visa application centres. Obviously, we have also announced the humanitarian visa, which I think will encompass them. As I say, and will keep saying, that scheme is uncapped.
Ukraine — House of Lords, 2022-03-02
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): On the first question, part of the problem with the helpline is that one of the things it is having to deliver is access to a new application form that had to be developed in four days. That is not quite ready. The noble Baroness shrugs her shoulders on that point, but I think it is important to bear in mind that we are doing everything we are doing in liaison with the people of Ukraine and the Ukrainian Government. My noble friend Lady Williams just made this point The Home Secretary is regularly in contact with the Ukrainian authorities and the ambassador, and we are very much following their lines. I refer noble Lords, if they are interested, to an article in the Times this morning, talking about the diplomatic difficulties in making excessive plans early. I accept the point that this is a fluid situation and that it needs to be done, but it is important to bear in mind that this is happening at record speed. I am told that forms of this sort that have to be developed digitally normally take months, not days. This is being done very quickly I answered that question at such length that I have completely forgotten your second question—and I just said "your", so I apologise for that as well. It was to do with EEA citizens. I cannot answer that specifically, but I cannot imagine, given what I have said about Ukrainians with settled status and about British citizens, that that would not be the case. As I have said already, this is meant to be a generous scheme, not a bureaucratic scheme On the last point, I have referred to the letter that is coming with the amendment today. I hope I am not piling too much pressure on the letter, but I have not seen it and I am not going to pre-empt what is in it.
Ukraine — House of Lords, 2022-03-02
Topic: Mixed Topics
Andrew Sharpe (Conservative, Centre-right): I thank the noble Baroness for that question. I think I have answered about some of the humanitarian actions that the Government have already taken and enacted very swiftly. Obviously, as the noble Lord, Lord Ponsonby, said, the situation is incredibly fluid, and I have no doubt that the Government will react to circumstances on the ground as and when required, at the request of the countries involved. I think I am right in saying—if I am not, I will correct myself later—that very recently, some Royal Marines were redeployed to that part of the world. It is happening, and happening fast. The visa application centres, to which I think the noble Baroness was referring, are in the following locations. We have them in Poland, in Warsaw. There is the new one in Rzeszów, which I think I referenced on Monday—possibly the only thing I referenced on Monday. We have ones in Moldova, Romania and Hungary. and one is still open in Ukraine, in Lviv. We had to close the one in Kyiv, for obvious reasons. Demand across them is actually not as high as we would have expected at the moment, but we are none the less increasing capacity. More biometric kits are being redeployed and capacity is increasing on an ongoing basis.
Ukraine — House of Lords, 2022-03-02
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): I thank my noble friend for that suggestion, which I will take back; it strikes me as a very good one. Perhaps I may also clarify something I just said: in answer to the noble Baroness, Lady Ludford, EEA settled citizens can.
Ukraine — House of Lords, 2022-03-02
Topic: Mixed Topics
Andrew Sharpe (Conservative, Centre-right): I thank my noble friend for his question, and indeed for the history lesson. I was not aware of some of the things that he has said, although I take note of them and think that they are very interesting. Lots of other historical moments are happening. The other day, we saw the missile strike on the Holocaust site, which was equally deplorable. Russians were cheerfully pulling the trigger on that, so I do not know where they will stop. I will take back the points he made.
Ukraine — House of Lords, 2022-03-02
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): I thank the noble Viscount for his question. I hope he would agree that the Government have been very generous. The full communications will be available on the GOV.UK website. As we are not expecting people who are potentially living in difficult situations to be able to look this up on the internet, communications will be handed out at the visa application centres. Access to all this information will also be available via the helpline which I have already tried to describe I turn now to what will happen once the policy details are all in place. The visa application centres are currently processing under capacity, but capacity is being ramped up. Therefore, I am not in a position to say how many people might be processed in due course, because I suspect that the number will keep rising depending on circumstances.
Ukraine — House of Lords, 2022-03-02
Topic: Mixed Topics
Andrew Sharpe (Conservative, Centre-right): I thank the noble Lord for his question. As I am sure all noble Lords have seen, a letter was received yesterday from the Home Office and from the Business Secretary talking about the forthcoming Bill which will go through the House of Commons next week and will be in your Lordships’ House in a couple of weeks. The noble Lord makes some very sensible suggestions. I do not know what the legal niceties would be, but I will certainly take those suggestions back.
Ukraine — House of Lords, 2022-03-02
Topic: Immigration
Andrew Sharpe (Conservative, Centre-right): Afghans obviously have access to the Afghan resettlement scheme but—I reiterate the point—we have started work on the humanitarian visa scheme. There are lots of safe and legal routes open to Afghans who may find themselves in Ukraine.
Ukraine — House of Lords, 2022-03-02
Topic: Mixed Topics
Henry Bellingham (Conservative, Centre-right): My Lords, does the Minister agree that sporting sanctions are a vital ingredient in the overall package? Bearing this in mind, does he share my concern and dismay about the decision of the Paralympic committee to allow Russian and Belarusian athletes to compete next week, albeit as individuals and not flying their flag?
Ukraine — House of Lords, 2022-03-02
Topic: Domestic Commerce
Andrew Sharpe (Conservative, Centre-right): I did not know it had done that. The actions of the sporting authorities around the world have been admirable thus far. I do not think it would be appropriate for me to comment on particular instances where that has not been the case.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Other
Susan Williams (Conservative, Centre-right): I have just explained why not Can I say something at this point? The noble Lord, Lord Paddick, and the Whip have pointed this out. Generally, after the Minister has spoken, the person who moved the amendment can ask questions of elucidation, but it is not generally the case that people who have not spoken in the debate then stand up and start adding to it. I know the noble Lord, Lord Kerr, is going to be cross with me yet again, but this has been quite a long and arduous process, and it would be helpful for the House if the Companion were to be followed.
Nationality and Borders Bill — House of Lords, 2022-03-02
Topic: Immigration
Susan Williams (Conservative, Centre-right): I thank both noble Lords for speaking to these amendments. I have listened carefully to the arguments raised by the noble Lords, Lord Coaker and Lord Paddick, and I appreciate the reasoning behind the amendments in their names, but I remain convinced that we must have offences which apply to arrival in the UK in addition to those of entry I cannot overstate that the differences between the terms "entry" and "arrival" are fundamental to how offences are identified and prosecuted. The definition in Section 11 of the Immigration Act 1971 concerning entry is based on assumptions that no longer address the methods that have emerged for migrants to evade our border controls It might help if I explained the effect of the amendment and the consequence of not getting it right. I remind the House that the Court of Appeal has held that an asylum seeker who merely attempts to arrive at the frontiers of the United Kingdom to make a claim is not entering or attempting to enter the country unlawfully in accordance with the definition of "entry" in Section 11. This means that individuals who step foot in the UK because their small boat was rescued by Border Force do not "enter" the UK in the technical sense. They simply "arrive". Where there is no unlawful entry or attempt at entry, the unscrupulous people smugglers sending people across the channel in unseaworthy vessels that require rescue cannot be held to account for facilitating a breach of immigration law Amending these offences to refer to "enters" rather than "arrives in" renders them unworkable. It is wrong that an individual and those facilitating their journey should be able to evade sanction by allowing themselves to be intercepted and brought to shore. It encourages individuals to unnecessarily endanger themselves and others by travelling in small craft wholly unsuitable for the crossing If there is no offence of illegal arrival and if, as proposed in Amendment 58, this is not added as a breach of immigration law for the facilitation offence, then we will have practically eroded our ability to prosecute any people smugglers who are involved in risking migrants’ lives by putting them into small inadequate boats. It is right that we should ensure that the tools exist to deter and prevent these actions for the good of all. We must provide the CPS with the ability to prosecute appropriate cases when in the public interest, so Clause 39 must refer to both those who enter the UK and those who arrive in the UK. I appreciate the concerns raised but am convinced that the proposed amendments, if accepted, would give only comfort to those who exploit and persuade people to make the perilous and unnecessary journey across the English Channel The noble Lord, Lord Paddick, made a point about interference with the CPS. That is not the case. An MOU between immigration and the CPS has been updated and will be published. With those words, I hope that noble Lords will be happy not to press their amendments.
Northern Ireland Protocol: First Treasury Counsel — House of Lords, 2022-06-09
Topic: Mixed Topics
Keith Stewart (Conservative, Centre-right): I am not aware of that, but I would say that the Government abide by the convention that legal advice given to the Government is not disclosed, so I would be surprised if that had taken place.