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 requests clarification on use of digital methods such as video conferencing in immigration procedures

During a committee debate on the Illegal Migration Bill on 12th June 2023, the Bishop of Durham raised a point of clarification to Lord Murray of Blidworth (the Parliamentary Undersecretary of State for Migration & Borders), on the use of remote methods such as video-conferencing to conduct immigration procedures, asking whether such methods were as effective as in person interviewing and interventions:

Lord Murray of Blidworth (Con, Home Office): Amendment 90, spoken to by my noble friends Lord Randall and Lord McColl, relates to the presumption that it is not necessary for a person to remain in the UK to co-operate with an investigation. It is one of the enduring legacies of the Covid pandemic that much more can now be done remotely. We all see this in the changes to the way we work. Even now, some Members of your Lordships’ House take part in debates by videolink. It is simply no longer the case that a victim of crime needs to be in face-to-face contact with police or others to assist with an investigation. There is no reason why, in the majority of cases, such co-operation cannot continue by email, messaging and videoconferencing. The presumption in Clause 21(5) is therefore perfectly proper.

(…)

The Lord Bishop of Durham: Sorry—it has taken me a little while to contemplate but is the Minister effectively saying that the use of video and email and so on is as good as in-person interviewing and in-person interventions? I really think that needs to be rethought.

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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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Bishop of Durham asks about progress of negotiations over the future of the Chagos Islands

The Bishop of Durham received the following written answer on 12th June 2023:

The Lord Bishop of Durham asked His Majesty’s Government, further to the Written Statement by the Secretary of State for Foreign, Commonwealth and Development Affairs on 3 November 2022 (HCWS354), what progress they have made, and what steps they still plan to take, to resolve outstanding issues in relation to the exercise of sovereignty over the British Indian Ocean Territory/Chagos Archipelago, including those relating to the return of former inhabitants of the Chagos Archipelago.

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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 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 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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Illegal Migration Bill: Bishop of Durham supports amendments to ensure high standard of “safe” countries

On 5th June 2023, the House of Lords debated amendments to the Illegal Migration Bill on the second day of the committee stage. The Bishop of Durham spoke in support of amendments to the bill tabled by Baroness Hamwee, Lord Carlile of Berriew, and Lord Alton of Liverpool that would ensure that, when removing migrants to “safe” countries, the country in question meets high definitions of safety:

The Lord Bishop of Durham: I apologise that I was unable to be present on day one of Committee and I arrived today rather later than I had planned, so was unable to speak earlier. However, I am grateful to my noble friend the right reverend Prelate the Bishop of Coventry for so doing.

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Bishop of Durham asks about immigration detention under the proposed Illegal Migration Bill

The Bishop of Durham received the following written answer on 5th June 2023:

The Lord Bishop of Durham asked His Majesty’s Government:

  • whether additional detention sites to detain those subject to the duty to remove under clause 2 of the Illegal Migration Bill will operate under the Detention Centre Rules 2001.
  • whether an individual subject to the duty to remove under clause 2 of the Illegal Migration Bill will be considered for release from detention if a rule 35 report is brought to the attention of the Home Office.
  • what guidance they follow in assessing whether a place of immigration detention is appropriate.

Lord Murray of Blidworth (Con): The Illegal Migration Bill creates new detention powers which will allow the Home Secretary to detain a person pending a decision as to whether they meet the four conditions and the new duty to remove applies, and thereafter to detain pending their removal.

All Immigration Removal Centres (IRCs) must operate in compliance with the Detention Centre Rules 2001, this includes any additional sites that are opened as IRCs to increase detention capacity.

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Bishop of Durham asks about recent floods in Rwanda and the Democratic Republic of the Congo

The Bishop of Durham received the following written answer on 5th June 2023:

The Lord Bishop of Durham asked His Majesty’s Government what assessment they have made of the recent flooding in the Democratic Republic of the Congo and Rwanda; and what humanitarian and financial support they are providing in response.

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