Nationality and Borders Bill — House of Lords, 2022-04-04
Topic: Health
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, these amendments concern age assessments. The noble Baroness, Lady Neuberger, moved the amendment at the previous stage and apologises that she cannot be here today. We had a very helpful briefing from the noble Baroness, Lady Black of Strome—who I think for this purpose would term herself Professor Dame Sue Black—the interim chair of the interim scientific advisory committee. I thank the Minister for his letter listing the interim members and their positions, which of course indicate their disciplines. The amendments today flow from that meeting The Minister referred to mitigating risk. Of course, we understand that there is risk attached to assessing an age wrongly, but the most controversial part of the provisions in the Bill regards ionising radiation from X-rays, about which the British Dental Association has expressed particular concern. There are both ethical and scientific criteria in play here. The Commons said that our original amendments were not necessary, but, as I understand it, "not necessary" means, "Don’t worry, because current practice is good". One of the difficulties with statutory provisions, as proposed here, is when they stand alone and you cannot look at other legislation which constrains them, if I can put it that way I assumed that the Minister would give assurances of the type that he has already referred to; indeed, I gave him notice by email earlier today and was grateful for the response from the Bill team. But without at all impugning the Minister’s integrity, it is important to hear from the Dispatch Box. I am always reluctant to accept that the best way to approach these matters is to seek assurances, when one really wants to see them in legislation, but I have been persuaded that this would be the best thing to do this evening What I have been concerned about and have asked for assurances on is that the Age Estimation Science Advisory Committee should include independent experts from across a range of fields reflecting, as the Minister said, "a range of possible biological evaluation methods". Members of the current interim body include those with dental and dental-related expertise, but, personally, I would like to see a paediatric dentist on the list. I would like to see the regulations require the approval of the professional bodies which are so concerned. The Bill team responded to me that the regulations are a matter for government, "considering the challenges to the current age assessment process". But that takes this issue into what are political matters, which is also part of the concern I also put it to the Minister that, as Sue Black told us, triangulation of different views and assessments would be brought together for a final assessment. It is important to involve professionals from very different disciplines, including those not represented on a scientific committee. I have mentioned ethics, and I would mention psychology as well. I am told that triangulation and my reference to an ethicist is part of existing practice, but I am seeking assurances for the future. It may be trite, but it is true that one can take absolutely at face value everything that is said about current practice—but the current Government will not always be the Government. One does not know what may happen in the future. It is harder to change legislation than it is to change practice, which is why one goes for the changes in legislation I also asked the Minister—I do not think he has covered this—about the benefit of the doubt given to the claimant, which we were told is existing practice. Again, one would like to see a legislative basis for this. I hope that the Minister can add to the assurances he has given on this and on other matters that other noble Lords—particularly the noble Baroness, Lady Lister, and the right reverend Prelate, who have been much involved with this issue—may raise. If so, I am not minded to divide the House.