argyrotsipi/train-dataset huggingface dataset:
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Vernon Coaker (Labour, Centre-left): My Lords, in the interests of time, let me just say respectfully to the noble Lord, Lord McColl, whose amendments I have signed, that I very much support him and the arguments and points that he made so well. We look forward to the Minister’s response. I pay tribute to the doughty work the noble Lord has done over a number of years to try to move the Government in what many of us regard as a simple and sensible way forward. Let us hope. I shall speak to my Amendment 171AA. Clause 64 provides for limited leave to remain "if the Secretary of State considers it is necessary for the purpose of (a) assisting the person in their recovery from any physical or psychological harm … (b) enabling the person to seek compensation"— unless this can be done outside the UK "or (c) enabling the person to co-operate" with law enforcement. The standard, however, does not meet the UK’s obligation to children under the Council of Europe’s Convention on Action against Trafficking. Article 14.2 of ECAT specifies that in the case of children, residence permits "shall be issued in accordance with the best interests of the child." Paragraph 186 of the Explanatory Report to ECAT explains that "the child’s best interests take precedence" Amendment 171AA, which is a probing amendment, simply asks why the Government cannot include leave to remain where children are protected and where it is in the best interest of the child.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Margot Aline (Labour, Centre-left): The fact is that I do not think it is an unusual case; I asked Kalayaan for a recent case study and that is what it came up with. The Immigration Rules are not working in that respect. We have overseas domestic workers who are being exploited but, even when they are referred to the NRM, are told that it is not slavery or trafficking. Would the Minister be willing to look at that again? There is a problem, as she put it, of some people falling through the cracks.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Vernon Coaker (Labour, Centre-left): I say gently to the Minister that he has to be really careful with language on things such as conforming to immigration policy and the UK border. The historic context of some of the language that he used means that he has to be really careful when talking about moving across borders or even saying that there will not be a border control but talking about complying with UK immigration policies.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Shami Chakrabarti (Labour, Centre-left): Perhaps while the noble Baroness looks at her handwriting, as a lefty, liberal lawyer, I say briefly to the Minister that the immigration and asylum system is the most unlevel playing field in our legal system. Tribunals were set up, as the Minister will remember, with the aim of people being able to represent themselves, not as places for expensive lawyers In the end, what happens is that the Home Office has some of the best lawyers in the country at its disposal, all the way up to the noble Lord, Lord Pannick, while refugees and asylum seekers struggle. The idea that the people who represent those refugees and asylum seekers in tribunals are going to be under threat of wasted costs will cause concern. It sends a signal that this is part of the Home Secretary’s agenda in her war on "activist lawyers" and whatever. This is not judicial review; we are talking about the tribunal system. We are not talking about people like me and the noble Lord, Lord Pannick, getting involved in the Miller 1, Miller 2 and Belmarsh cases—this is about people’s appeals. That is possibly the concern behind the amendment.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Mixed Topics
Richard Rosser (Labour, Centre-left): On the basis that the Government have a very clear idea of how many instances there are of unreasonable behaviour, how many of the cases dealt with over the last 12 months fall within the category of unreasonable behaviour, for which the Government would expect these costs orders to be activated?
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Richard Rosser (Labour, Centre-left): As the noble Baroness, Lady Hamwee, has said, this clause gives the Secretary of State the power by regulation to amend immigration legislation in order to make pre-consolidation changes for the purpose of facilitating a consolidation Bill. It provides a power for the Secretary of State, by regulation, to make those amendments and modifications to Acts relating to immigration that "in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with" the consolidation of the Acts. It also provides that regulations made under this section do not come into force unless a consolidation Act is passed The consolidation of immigration law has long been sought and is a recommendation of the Windrush Lessons Learned Review, which was published in July 2018 and said: "It is widely accepted that immigration and nationality law is very complex." We strongly support the consolidation of our complex and unwieldy immigration law as recommended by the Windrush Lessons Learned Review, but we share the concerns already expressed about the provisions of this clause, not least the part that I have already referred to—namely, the extremely broad powers it seems to give the Secretary of State to amend and repeal provisions that "in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with" the consolidation of the Acts We support the addition of a requirement for the Secretary of State to consult appropriately before making regulations under this section. I hope the Minister, on behalf of the Government, may be able to give some encouragement on that score. Is it intended that the Home Secretary would consult before undertaking such a task? If not, why not? If so, would the Government see fit to include that requirement in the Bill I have another question on the issue of regulations under this section. On what issues or matters are regulations under the section necessary that could not be achieved in the primary consolidation Bill? There appear to be two stages. What is it that has to be achieved by these regulations, under which the Secretary of State has such broad powers, that could not wait or be enshrined in the primary consolidation Bill As I think the noble Baroness, Lady Hamwee, asked, can the Minister give the House an update on when we might be able to expect a consolidation Bill? Has the Law Commission been tasked to consider immigration statute? If so, what progress or otherwise is being made? I hope the Minister may be able to address some of the concerns expressed over the drafting of this clause, the possible interpretation of what it might mean and the powers that it might give to the Secretary of State.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Civil Rights
Richard Rosser (Labour, Centre-left): We indicated in the debate on the previous group our support for the need both for the Secretary of State to consult before making regulations as part of consolidation and for the Secretary of State’s powers to be properly defined. For the same reason, we support the aim of two of the amendments in this group on consolidation and transitional and consequential provisions I will be particularly interested to hear the Minister’s response to the amendment in the name of the noble Baroness, Lady Ritchie of Downpatrick, which, as I understand it, reflects concerns raised by the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland. As I think the Government will be only too aware following today’s debates, we do not believe that these clauses should apply in any part of the UK. Nevertheless, we also want to ask what specific consideration was given to the impact of the changes provided for in these clauses in the light of the withdrawal agreement and Northern Ireland protocol as negotiated by this Government and raised by the noble Baroness, Lady Ritchie. These are important issues that, if not handled properly, could potentially cause difficulties and further problems I hope that the Minister will be able to give the Committee some clarity on how the relevant clauses in Part 5 of the Bill interact with devolved matters and existing devolved legislation in Northern Ireland on modern slavery and trafficking. As my noble friend Lord Coaker indicated, the inclusion of Part 5 in the Bill was a bit of a surprise to many people. Were the devolved Administrations, not least that in Northern Ireland, consulted on these provisions in advance of the Bill being introduced? I echo the concerns raised by the NIHRC and the Equality Commission that the Government’s actions on modern slavery, including the provisions in this Bill, might serve to diminish existing rights and protections for victims. Obviously, I hope that, in his response on behalf of the Government, the Minister will be able to put any concerns expressed during this debate to rest. We await the Government’s response with interest.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Vernon Coaker (Labour, Centre-left): My Lords, in this group I have the lead Amendment 177, which puts the Afghanistan citizens resettlement scheme—ACRS—on a statutory footing and includes provisions for family reunion. Noble Lords will know that the ACRS finally opened on 6 January—the day after this Bill had its Second Reading. That was after a delay of five months. The scheme is separate to the ARAP scheme—the Afghan relocations and assistance policy—on which the noble Baroness, Lady D’Souza, had tabled her welcome and important amendment I have a number of questions and comments to make on this important group. The Government have promised to resettle up to 20,000 people under the scheme. I wonder whether the Minister has any idea about the time period in which the 20,000 will be resettled? What oversight mechanisms will be in place to ensure that the promise is delivered, and who will be included in that total? Ministers have promised that 5,000 people will be resettled under the scheme in the first year: how many of them are already here? Will the Minister tell the House how many additional people will be arriving under this scheme in the next six months—what the Government’s aim and estimate of that is The crucial point is that the Government have not included a family reunion route in the scheme, which this amendment seeks to address. The Government’s stated aim in the Bill is to prevent people making dangerous journeys, but does the Minister not agree with our concern that those who are at risk from the Taliban—and who have family in the UK or have family members who are resettled here—are at extremely high risk of taking desperate and dangerous journeys in order to be reunited We strongly support the Government seeking to provide safe and legal routes out of Afghanistan, but a family reunion stream must be part and parcel of that resettlement plan. The longer we do not act to provide a safe family reunion route, the more likely these dangerous journeys are to be made at the hands of people smugglers. There are significant numbers of people who are eligible for the scheme who have already fled Afghanistan due to the urgency of the danger they faced. Can the Minister give more information about how those who are now in a third state will be included in the scheme? We have waited five months for the scheme to be open at all; why is it that this route into the scheme has not opened yet?
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Vernon Coaker (Labour, Centre-left): My Lords, I am sorry, but it is me again. I am the second signatory to this amendment. I spoke to the noble Lord, Lord Dannatt, earlier, and he sends his apologies to the Committee; he has had to leave but has asked me to move Amendment 178. I also support Amendment 185 in this group, in the name of the noble and gallant Lord, Lord Craig, but I will leave him to speak to that Amendment 178 deals with an issue that has huge cross-party support and that has been raised for years. Most recently, we tried to fix this in the Armed Forces Act, and now we are trying again to fix it here. The amendment seeks to prevent Commonwealth veterans being charged frankly extortionate fees to remain in the country that they fought for I have some questions. Does the Minister agree that this is not a general immigration issue but is about the treatment of people who have served our Government and our country? Parliament has repeatedly been asked to wait for the Government’s response to the consultation, but the consultation closed in July 2021, so where is it? The Government’s consultation is based on a possible reduction of fees after 12 years of service, but the former Defence Minister, Johnny Mercer MP, said that that number was "plucked out of the air".—[Official Report, Commons, 7/12/21; col. 300.] Can the Minister explain why the figure of 12 years has been consulted on, rather than the four or five years in Amendment 178, for which there is widespread support It is difficult to understand why the Government are so reluctant to act on this. How much would it cost to implement, if done on the terms of this amendment? Can the Minister confirm that, since 2010, the fees have increased from £840 per person to £2,389 per person? What percentage of the current fees being charged to service men and women—more than £10,000 for a family of four—is profit? This support for our Commonwealth veterans is long past being debated. There is huge support for this change and it is about time the Government got over just giving us warm words and actually acted. I beg to move.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Richard Rosser (Labour, Centre-left): I certainly do not want to detain the Committee, but, as has been said, we are in a situation where people’s lived experience is that the lack of proof of their status is an unnecessary issue in everyday life, at least for some. The 3million certainly has examples of people being asked for documents that do not exist when trying to board flights, handing over documents for new jobs or trying to open a bank account, among other things There has been consistent cross-party support for this issue since the EU settled status scheme opened. I think the arguments in favour, made in both Houses over a number of years, have been compelling. The Government have been equally consistent in their refusal to move on this issue. Frankly, at times, it has been very difficult to understand why. I hope that this evening we will perhaps get a different message. That is what all those who participated in this debate now want to hear from the Government: whether they are willing to move on this issue and resolve a genuine problem that exists for many people.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Margot Aline (Labour, Centre-left): My Lords, this has been a theme running through the Committee, so it is perhaps fitting that we should come back to it right at the end There is a question that I have asked a number of times but I still have not received a proper answer. To go back a step, noble Lords have challenged the Government on the point just made, that the Bill is not compliant with the refugee convention, and the UNHCR, among others, has made that very clear, and the Government have said, "We interpret the convention differently. There are lots of different interpretations." So I have asked why we should accept the interpretation of this Government over that of the body that is given global responsibility for the refugee convention, and I am still not clear why We might have a better inkling of why we should do so if we were given not the actual legal advice, because I take the point about privilege and so forth, but some clearer understanding of what that legal advice contained. Indeed, two days ago—I cannot remember now whether it was in the middle of the night or not—the noble Lord, Lord Wolfson, was pushed on this matter and said: "I hear the point from the noble Lord"— that is, the noble Lord, Lord Anderson of Ipswich— "that he and others would like to see a greater fleshing out of the Government’s legal position. I have said that I will see what I can do to assist in that."—[Official Report, 8/2/22; col. 1434.] I know that was only two days ago—or even less, if it was in the middle of the night—but can the Minister update us on that? Will we get some kind of legal statement before Report? She is nodding, which is very hopeful.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Richard Rosser (Labour, Centre-left): We certainly support the amendment. Throughout the passage of the Bill, the Government have repeated in both Houses that their plans are in line with the refugee convention. We, along with a great many other noble Lords, have some difficulty accepting that view, but if the Government believe that their plans are in line with the refugee convention and therefore, as it says in the amendment, "Nothing in this Act is intended to undermine the obligations of the United Kingdom under the 1951 Convention", there should be no difficulty in them accepting the amendment. I suspect that we are about to find that there are all sorts of reasons why the Government will not agree to it, which will simply add to our view that they know that what they are doing is not in line with the 1951 convention. I think this will probably expose it once and for all, when they are not prepared to put that commitment into the Bill.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Margot Aline (Labour, Centre-left): My Lords, I was pleased to add my name to this amendment. At the risk of frazzling the Government Front Bench even further, I did so with citizenship having been one of my main areas of research and scholarship as an academic—fear not, I will not wear your Lordships’ patience with a treatise on the subject—and also having served on the Select Committee on Citizenship and Civic Engagement, chaired so ably by the noble Lord, Lord Hodgson of Astley Abbots Although, as our committee’s report made clear, citizenship is not just about the legal question of who is a citizen, some of our debates during Committee have raised important issues about this aspect of citizenship. During the first day of Committee, noble Lords such as the noble Lords, Lord Moylan and Lord Anderson, and the noble Baroness, Lady Warsi, spoke about how citizenship has been degraded in recent decades by successive Governments. Their focus was exclusively on deprivation powers, but it is not only in respect of those powers that this degradation has happened Important too is the exclusion from citizenship of children and young people who are required to register their entitlement, as mentioned by the noble Lord, because of the immigration status of their parents, even though they may have been born in and/or lived their lives in the UK. Aspects we debated on the first day of Committee were the failure to raise awareness of rights of registration, the requirement to show good character even for children as young as 10 and the introduction of well above cost fees, which were described as punitive by the noble Lord With regard to the last issue, the level of fees charged for registration, I thank the noble Lord, Lord Sharpe of Epsom, for his letter of 8 February. In particular, I appreciate its recognition that the best interests of the child review required by the Court of Appeal under Section 55 of the Borders, Citizenship and Immigration Act 2009 is separate from the point appealed to the Supreme Court. The decision on the Supreme Court appeal was published on 2 February, as noted in the letter, yet the rest of the letter was written as if it had not yet been published, which I found rather puzzling. It was a disappointing result from my side but, as the letter acknowledged, it raised a separate issue from that of the earlier best interests appeal, the result of which the Home Office accepted.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Richard Rosser (Labour, Centre-left): I will listen with interest to the Minister’s reply, on behalf of the Government, to this amendment. The amendment states: "Within six months of the passing of this Act, the Secretary of State must issue … a review of its implications" One will have to start pretty smartly, once the Act comes in, to carry out a review and put it out for public consultation within six months. I am not necessarily sure that the implications will be fully known within six months, but presumably the movers of the amendment feel that that could be addressed and it could be done within that timespan. Usually, the Government would argue that this is far too quick and that they need more than six months What also strikes me is that the review is not going to be independent, or at least, the amendment does not say it will be. It states that "the Secretary of State must issue for public consultation a review" It could be independent or it could be knocked together by the Secretary of State herself, as far as the amendment is concerned. It may be done by members of the Government, but I am not sure Mr Johnson ever talks in negative terms about his own legislation. If it is going to be a government review, I do not think it will say that the implications are adverse in any way. If it does, it would be a remarkable change of stance from this Government The amendment also says that it is a review only of the "implications" of this Act "for the nature of British citizenship" To take the wording strictly, it is not a general review of "British citizenship and national cohesion", but one purely related to the "implications" of this Act for "the nature of British citizenship and national cohesion" Those were a few thoughts on the wording of the amendment. If the Government wish to accept it, fine. We will not stand here and demand they change their stance, but I will listen to the Government’s response with interest. I suspect they may not accept it, or they may tell us that they are already doing other work on the nature of British citizenship and national cohesion, and we should wait for that and that it will be available in due course—which may be some years ahead.
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Other
Margot Aline (Labour, Centre-left): I asked some very specific questions on the Section 55 review, partly because I thought that the noble Lord, Lord Sharpe, would be responding. Even if he cannot respond now, could he write a follow-up letter?
Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Margot Aline (Labour, Centre-left): My Lords, I will speak very briefly to support the amendment. Seven years ago, I was a member of the inquiry by the All-Party Parliamentary Group on Refugees into detention. We called for time limits and had strong support across both Houses of Parliament, yet here we are, seven years later, still having to make the same arguments. Despite the Shaw reforms, there is still evidence of people who have survived traumatic experiences being detained and evidence of the damage it does to them and their health. There is evidence to suggest that the indefinite nature of detention contributes to mental ill health for the reasons that the noble Baroness has given—uncertainty, the lack of hope, and so forth.