Category: Speeches

Speeches delivered in debates in the Lords and Commons

Illegal Migration Bill: Bishop of Durham tables amendment aimed at protecting children subject to age assessments

The Bishop of Durham tabled an amendment to the Illegal Migration Bill during the fourth day of the committee stage on 12th June 2023. The amendment would reinstate the right of appeal against age assessments for putative children affected by these under the bill:

121: Clause 55, page 56, line 21, leave out subsection (2).

Member’s explanatory statement:

This amendment reinstates the right of appeal against age assessments in respect of putative children whom there is a duty to remove under the Bill.

The Lord Bishop of Durham: My Lords, in moving Amendment 121 I shall speak to Amendments 122 and 126 in my name. I am grateful to the noble Baronesses, Lady Lister and Lady Neuberger, for their support. My comments will also be in support of Amendments 124 and 125, which were tabled by the noble Baroness, Lady Lister.

Before I get going, I note that on the Nationality and Borders Bill the debate on age assessment took place at 2.30 am on 9 February last year. We now find ourselves at 12:25 am discussing age assessments once again. Age assessments are serious matters. I know that it was not designed that this has happened again but it is extremely unfortunate, and since we have more time on Wednesday, I think we could have moved this to Wednesday. However, we have not, so I will carry on.

I believe strongly that these changes need to be made to Clauses 55 and 56 if we are to ensure that the welfare and best interests of children are protected. I will try to be brief, but they are critical amendments that are worthy of full consideration. It is vital that we adequately scrutinise the impact this Bill will have on children; it is therefore a failure in their safeguarding responsibility for the Government not even to have produced a child rights impact assessment. They are asking this Chamber to agree to these additional clauses on age assessments, added on Report in the other place, which on their own admission are more likely than not to be incompatible with conventions under the ECHR—not on the rights of anyone here today but on the rights of children. We have a duty to ensure that their voices are heard. Will the Minister guarantee that an assessment will be published before Report?

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Illegal Migration Bill: Bishop of Durham supports citizenship amendment on behalf of the Bishop of St Albans

On 12th June 2023, during a committee debate on the Illegal Migration Bill, the Bishop of Durham spoke in support of amendment 98I, tabled by Baroness Brinton and the Bishop of St Albans, which would seek to limit the effects of the bill on those holding or those entitled to British National Overseas Citizenship, with particular reference to people from Hong Kong:

The Lord Bishop of Durham: My Lords, I thank the noble Baroness, Lady Brinton, for tabling Amendment 98I, and I thank Amnesty International and the Project for the Registration of Children as British Citizens for their steadfast support for those who wish to register as British citizens. My friend the right reverend Prelate the Bishop of St Albans, who added his name, was here earlier in the day but was unable to stay through to the evening.

This amendment aims to tackle a matter of great significance that affects the lives of many individuals residing in the UK under British national overseas visas. They include many people from Hong Kong who are rightly entitled to British citizenship but face serious uncertainty about their legal status. Many Hong Kongers have reported appalling responses from immigration officials regarding their children born here, being told that they cannot have any travel documentation and even querying whether they are allowed to become British citizens in the future.

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Illegal Migration Bill: Bishop of Durham advocates for removal of clauses which would strip support from victims of modern slavery

On 12th June 2023, the House of Lords debated the Illegal Migration Bill in the fourth day of committee. During the debate, the Bishop of Durham spoke in support of the removal of clauses 22 to 24, and clause 27, from the bill, on the grounds that these clauses withdraw essential protections and support from victims of modern slavery:

The Lord Bishop of Durham: My Lords, I rise to support the removal of Clauses 22 to 24 and 27, as proposed by the noble Baroness, Lady Hamwee, and my right reverend friend the Bishop of Bristol. As the noble Lord, Lord Coaker, noted, many of the arguments are similar to those related to Clause 21, so we will not repeat them.

Clauses 22 to 24 carry through the logic of Clause 21 and remove protections and support from those who, crucially, have already been identified and assessed as having reasonable grounds to be considered a victim of trafficking or modern slavery. These victims are not self-identified or -assessed. They have to be referred by a first responder agency, such as the police, and assessed by the competent authority.

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Illegal Migration Bill: Bishop of Durham speaks on importance of safeguarding victims of modern slavery and human trafficking

On 12th June 2023, during the fourth day of committee debates on the Illegal Migration Bill, the Bishop of Durham spoke in support of proposals by Baroness Hamwee to remove clauses 21, 25, 28 & 28 from the bill, in order to safeguard victims of modern slavery and human trafficking who would otherwise be subject to removal under the bill:

The Lord Bishop of Durham: My Lords, I declare my interests with RAMP and Reset and, like the noble Lord, Lord Coaker, did at the outset of the debate, I hope that will stand for the other times I speak later on different groups.

I support all the amendments, but I am speaking in support of the proposal of the noble Baroness, Lady Hamwee, that Clauses 21, 25, 26 and 28 be completely removed. This is supported by my noble friend the right reverend Prelate the Bishop of Bristol, who we heard earlier is unfortunately unable to be here today. Bishops across England have had the privilege of working very closely with the large sector of faith-based charities and projects that work with victims of slavery. We have heard a lot about the Salvation Army, but I want to highlight the Clewer Initiative, which is our own project raising awareness and helping support victims. The feedback that has been coming from the Salvation Army, from Clewer and from other groups in relation to the modern slavery provisions of the Bill ranges from trepidation to outright horror.

Rather euphemistically, the Explanatory Notes refer to what is proposed in this and the following clauses as “a significant step”. I suggest that the complete disapplication of all support, replaced with detention and removal, is drastic in the extreme. I cannot see how such a step could be justifiable, but for it even to be defensible would require the most robust and extensive level of proof of its necessity. I do not think that has been shown.

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Illegal Migration Bill: Bishop of Southwark supports removal exemptions for victims of sexual exploitation and trafficking

On 12th June 2023, the House of Lords debated the Illegal Migration Bill in the fourth day of the committee stage. The Bishop of Southwark spoke in the debate, support of amendment 88, tabled by Lord Coaker and supported by the Bishop of Gloucester, which would aim to prevent victims of sexual exploitation and trafficking from being removed under the bill:

The Lord Bishop of Southwark: My Lords, Amendment 88 in the name of the noble Lord, Lord Coaker, is supported by my right reverend friend the Bishop of Gloucester, who regrets that she is unable to be here today. There is much similar ground in this amendment to others, but this amendment focuses specifically on victims of sexual exploitation.

The Bill directs that victims of modern slavery, including victims of sexual exploitation, shall be subject to detention and removal to their own country or to a third country. As we have heard, the principal exception to this is if the Secretary of State is satisfied that the individual is co-operating with criminal proceedings and that their presence in the United Kingdom is necessary for this to continue. We know that the Government have committed to victims of sexual violence and exploitation in this country. The UK ratified the 2011 Istanbul Convention on Preventing and Combating Violence Against Women and Domestic Violence only last summer and there has been much work done over the past few years to increase awareness and tackle perpetrators. To deny those who have arrived here safety and protection is a regressive move.

Research tells us that women who have been exploited often arrive confused, not always having been aware of their final destination or even that they were going to another country. They may have been exploited by their traffickers during the flight. The notion of removing them to a safe third country that contains their abusers is cruel and unnecessary. The moral basis of legislating for and the axiomatic assumption of the detention and removal of such women, as there is in Clause 21, is at best dubious. I support this amendment.

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Illegal Migration Bill: Bishop of Southwark speaks to Bishop of Durham’s amendment on detention conditions for vulnerable individuals

On 7th June 2023, during a committee debate on the Illegal Migration Bill, the Bishop of Southwark spoke in support of the Bishop of Durham’s amendment 78, which would allow exceptions to the bill’s proposed ouster of judicial review during the first 28 days of detention, for vulnerable individuals such as children, pregnant women, and those with mental health issues:

The Lord Bishop of Southwark: My Lords, I will speak to Amendment 78, tabled by the right reverend Prelate the Bishop of Durham, who is unable to be here at this early hour. I know that he is grateful to the noble Baronesses, Lady Lister and Lady Neuberger, for their support.

A statutory regime of clinical screening for people at risk of harm in detention and for healthcare professionals to be able to report concerns to the Home Office has been a cornerstone of safeguarding in immigration detention since 2001—and rightly so. This amendment looks to ensure that this process does not become inconsequential by preventing the necessary legal oversight of detention decisions. Given the technical nature of the issues relating to medical reporting in detention centres, I will focus my comments on the context of this amendment and set out a few key questions for the Minister.

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Illegal Migration Bill: Bishop of Southwark supports amendments to limit the use of force and detention on pregnant women

On 7th June 2023, the House of Lords debated the Illegal Migration Bill in committee. The Bishop of Southwark spoke in support of amendments to the bill; in the name of the Bishop of Gloucester, Baroness Lister of Burtersett, and other peers; that would place limits on the detention of pregnant women and the use of force against children and pregnant women:

The Lord Bishop of Southwark: My Lords, it is a great pleasure to follow the noble Baroness, Lady Lister, who has expertly outlined why these amendments are needed. My good friend the right reverend Prelate the Bishop of Gloucester has added her name in support of Amendments 68 and 70, and regrets she is not able to be here to give her support in person. I share her concern about the impact of detention on pregnant women in particular, impact which we know is considerable. Others will rightly draw attention to the impact on children, and the suggestion of the use of force against either group is unspeakable. His Majesty’s Inspectorate of Prisons advises that there

“is no safe way to use force against a pregnant woman, and to initiate it for the purpose of removal is to take an unacceptable risk”.

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Illegal Migration Bill: Bishop of Southwark supports amendments limiting detention of children on behalf of Bishop of Durham

On 7th June 2023, the House of Lords debated amendments to the Illegal Migration Bill in Committee. The Bishop of Southwark spoke, on behalf of the Bishop of Durham, in support of a group of amendments tabled by Baroness Mobarik which would place limits on the detention of children:

The Lord Bishop of Southwark: My Lords, I speak in support of Amendments 59, 63, 64 and 67 which, as has been demonstrated, have strong support from all quarters of this Chamber. It was the intention of the right reverend Prelate the Bishop of Durham to speak to these amendments but he is unable to be in the Chamber tonight.

I believe that the strength of opposition to any change in the current detention limits for both accompanied and unaccompanied children is because it is one of the most alarming and unedifying provisions in the Bill. Ministers have set out what they see as the need to detain children for immigration purposes in order to ensure that we do not inadvertently create incentives for people smugglers to target vulnerable individuals. Were this the case, then there would be a case for considering some sort of remedy. However, yet again we have been provided with no evidence that this is the case.

Building an asylum system with deterrence diffused throughout, as described by His Majesty’s Government, has led to this inappropriate proposal to restart detaining children, potentially for an unlimited period. As the noble Baroness, Lady Mobarik, said, it was a Government led by the party currently in office who took the brave decision to end the routine detention of children. That was against significant departmental pressure to retain the practice. How have we arrived, just 10 years later, at the conclusion that the well-being and welfare of children can now be sacrificed in consequence of the need to control migration?

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Illegal Migration Bill: Bishop of Southwark speaks in support of amendments on detention facilities

During a committee debate on the Illegal Migration Bill, the Bishop of Southwark spoke in support of amendments to the bill tabled by Lord German and the Bishop of Durham. The amendments focused on use of facilities used to detain migrants and sought to limit places of detention in the bill to those that are presently authorised for detention:

The Lord Bishop of Southwark: My Lords, I support Amendments 61 and 62 in the name of the noble Lord, Lord German, and welcome the opportunity to discuss what rules and regulations His Majesty’s Government will adhere to when selecting a site for the purposes of detention. The right reverend Prelate the Bishop of Durham had intended to speak but is unable to be here for this group of amendments; I am glad to be here in his place. I am grateful to Medical Justice for sharing how existing legislation governs both the nature and operation of detention centres. As it is a detailed policy area, I will focus my time on the context for these amendments while also posing questions to the Minister.

First, as the right reverend Prelate the Bishop of Durham explained at Second Reading, the Bill before us changes the nature and scope of detention considerably. It moves detention away from an administrative process to facilitate someone’s removal to a punitive system of incarceration intended thereby to deter asylum seekers from travelling to the United Kingdom. Deterrence, as we have seen, is a key theme stressed by the Government, albeit no evidence or impact assessment has been adduced in its favour. This shift towards incarceration signals a major transition in policy, but in embarking on this shift in the purpose of detention, the Government leave us with a lack of detail on what rules and guidance will be adhered to when the Secretary of State is selecting a place of detention.

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Illegal Migration Bill: Bishop of Durham supports amendments aimed at providing housing and subsistence support to those deemed inadmissible to the UK

On 7th June 2023, the House of Lords debated the Illegal Migration Bill in committee. The Bishop of Durham spoke in support of amendments to the bill tabled by Baroness Lister of Burtersett which would set out regulations for financial and accommodation support available to people deemed “inadmissible” but still resident in the UK:

The Lord Bishop of Durham: My Lords, I refer to the register of interests and my involvement with the RAMP project and Reset.

I thank the noble Baroness, Lady Lister, for tabling Amendments 57C to 57G to provide us with the opportunity to discuss issues relating to the level of support that will be provided for those declared inadmissible but who are unable to be removed from the country. I too am highly grateful to the Refugee Council for supporting us to probe this area of policy well, especially in the absence of an impact assessment.

Before I outline questions for the Minister, it is important to note that those deemed inadmissible will include not just those whose asylum cases would likely have been found valid but individuals who would not have qualified. In the absence of any return deals, this could leave the Government in the absurd position of needing to support at public expense those who could be appropriately returned to their own country.

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