Illegal Migration Bill: Bishop of Durham supports Archbishop of Canterbury’s amendment on international refugee strategy

During a debate on committee amendments to the Illegal Migration Bill on 14th June 2023, the Bishop of Durham spoke in support of the Archbishop of Canterbury’s amendment to establish a long term strategy on tackling global refugee crises:

The Lord Bishop of Durham: My Lords, the most reverend Primate might be nervous—he did not know I was going to stand up and he has no clue about what I will say. But I will start by saying I fully support his amendment. I will ask the Minister about the Global Compact on Refugees. The UN has been seeking to develop a global strategy on refugees for a number of years, and it was my privilege to join the Home Office team dealing with the Syrian refugee crisis in Geneva in 2018, at its request. It asked me to make an address.

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Illegal Migration Bill: Archbishop of Canterbury tables amendment requiring government collaboration strategy to tackle global refugee crisis

On 14th June 2023, the House of Lords debated committee amendments to the Illegal Migration Bill. The Archbishop of Canterbury tabled an amendment that would insert a new clause requiring the Secretary of State to have a ten year strategy for collaborating internationally to tackle refugee crises driving people to enter the UK as refugees:

The Lord Archbishop of Canterbury: My Lords, I hope this section may be a bit shorter. As the noble Lord, Lord Deben, already knows, because he just said it, I am rising to introduce Amendment 139D tabled in my name and Amendment 144B, which is consequential to it. I thank the noble Baroness, Lady Kennedy of The Shaws, and the noble Lords, Lord Bourne of Aberystwyth and Lord Blunkett, for co-signing it. I have had letters of apology from the noble Baroness, Lady Kennedy, and the noble Lord, Lord Blunkett, who are not able to be here for very good and sufficient reasons.

I particularly appreciate when we come to this that the Government are taking action—I am not suggesting for a moment that they are not. The Chişinău statement made in Moldova recently by the Prime Minister was striking, as were the recent raids by the National Crime Agency in tackling criminals involved in this area.

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Illegal Migration Bill: Archbishop of Canterbury tables amendments on strategy to tackle human trafficking

During a committee debate on 14th June 2023, the Archbishop of Canterbury tabled two amendments to the Illegal Migration Bill. The first amendment would insert a new clause to the bill requiring the Secretary of State to have a ten year strategy for collaborating internationally to tackle human trafficking into the UK. The Archbishop also spoke in favour of a supplementary amendment, 144A:

The Lord Archbishop of Canterbury: My Lords, I introduce Amendment 139C, tabled in my name, and Amendment 144A, which is consequential to it. I thank the noble Lords, Lord Blunkett, Lord Kirkhope of Harrogate and Lord Hunt of Kings Heath, for co-signing it.

The amendment requires the Secretary of State to prepare a 10-year strategy for tackling human trafficking, in collaboration with international partners on this issue. A statement of policies for implementing the strategy must be presented to Parliament within a year of the Bill becoming law and every following year. Each time that a statement is made, an opportunity must be given for both Houses to debate and vote on it via a Motion for resolution.

The amendment, and my second amendment, relating to a 10-year strategy for an international refugee policy, are far from wrecking or negative amendments but seek to improve the Bill, as is our duty and right in this House. As I said at Second Reading, we need a Bill to reform migration and we need to stop the boats, but this Bill does not contain within it a sense of the long- term and global nature of the challenges that we face. To deal with global challenges, we need to engage in international collaboration towards global solutions.

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Illegal Migration Bill: Bishop of Durham supports amendment in the name of the Bishop of London to protect victims of trafficking, and tables amendment on conditions in immigration detention centres

On 14th June 2023, the House of Lords debated amendments to the Illegal Migration Bill in Committee. The Bishop of Durham spoke in support of an amendment tabled by Lord Alton of Liverpool and in the name of the Bishop of London and other peers. The amendment “would prevent immigration data being shared for the purposes of section 2(1) about a victim or witness of crime who reports an offence. This is to ensure victims are able to approach the authorities for assistance without fear of removal under section 2(1) as a result of that contact or resultant data sharing with immigration enforcement.”

The Bishop of Durham also spoke to his amendment 139B during the same speech, an amendment which “would give the Secretary of State a statutory duty to implement all ‘recommendations of the Chief Inspector of Prisons in relation to immigration detention’ centres within six months, strengthening the independent external monitoring role of the chief inspector.”

The Lord Bishop of Durham: My Lords, I will speak first to Amendment 139A, to which my right reverend friend the Bishop of London has added her name, and then I will turn to Amendment 139B in my name. I remind the Committee of my interests as laid out regarding RAMP and Reset.

As we have heard, Amendment 139A would prevent data about a victim of or a witness to a crime being automatically shared for the purpose of immigration enforcement. My right reverend friend the Bishop of London sponsored a similar amendment during the passage of the Domestic Abuse Act, and this issue remains hugely important.

Imkaan reports that more than 90% of abused women with insecure immigration status had their abusers use the threat of their removal from the UK to dissuade them from reporting their abuse. It is deeply disturbing that any person would be deterred from reporting a crime that they have been subjected to or have witnessed because they believe that their data will be passed on to immigration officials for the purposes of immigration control. This is especially pertinent for a domestic abuse victim, a modern slavery victim, someone who has been trafficked or someone who has been subject to violence.

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Illegal Migration Bill: Bishop of Durham advocates for right to work for those seeking asylum

During a debate on the Illegal Migration Bill on 14th June 2023, the Bishop of Durham spoke in support of an amendment tabled by Baroness Ludford and in the name of the Bishop of Chelmsford, which “would require the Secretary of State to make regulations enabling asylum seekers to work once they have been waiting for a decision on their claim for 3 months or more.”

The Bishop also raised a point of clarification to Baroness Stowell of Beeston regarding people out of work and claiming benefits:

The Lord Bishop of Durham: My Lords, I support Amendment 133 in the name of the noble Baroness, Lady Ludford. My right reverend friend the Bishop of Chelmsford has added her name to it. She regrets that she cannot be here today; she is actually working with the Woolf Institute’s independent commission on refugee integration. I thank the noble Baroness, Lady Ludford, and other noble Lords who have eloquently made the case for the amendment already.

As it stands, the Bill makes the case for a right to work for some asylum seekers more important than ever. Of course, it is a theme that has come up already. There is little prospect of potential removals being able to keep pace with the large population of asylum seekers who will be deemed inadmissible in the future, and currently we have a huge backlog. We risk the creation of a permanent underclass. Apart from the deleterious effects, that drives some of those people into the grey and black economies because they are not allowed to work openly.

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Illegal Migration Bill: Bishop of Durham supports amendments focused on transparency

On 14th June 2023, during a committee debate on the Illegal Migration Bill, the Bishop of Durham spoke in support of a number of amendments designed to ensure transparency of reporting regarding the success of the bill:

The Lord Bishop of Durham: My Lords, the Minister ought to welcome Amendments 132, 134 and 135, because they simply ask for transparency of reporting back on the success of the Bill. The introduction says:

“The purpose of this Act is to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes”.

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Illegal Migration Bill: Bishop of Durham moves amendment to exclude certain groups from cap on safe and legal migration routes

On 14th June 2023, the House of Lords debated the Illegal Migration Bill in the fifth day of committee. The Bishop of Durham moved his amendment 128B to the bill, which would “exclude the schemes for those displaced from Ukraine, the Afghan Relocations and Assistance Policy (ARAP) and the Hong Kong BN(O) routes from the safe and legal routes cap.”

The Lord Bishop of Durham: My Lords, I remind the Committee of my interests with the RAMP project and as a trustee of Reset, as laid out in the register. In moving Amendment 128B, I am grateful to the noble Baronesses, Lady Stroud and Lady Lister, and the noble Lord, Lord Purvis of Tweed, for their support, which, in itself, I hope demonstrates that this whole business of safe and legal routes is a matter about which there is common mind across the House and that we all agree that we need safe and legal routes. I am therefore looking forward to the next couple of hours—as I anticipate it might be—as we explore these issues, because this is really a debate about what is the best, how and when.

This amendment is a straightforward and well-intentioned addition to ensure that any cap placed on safe and legal routes excludes current named schemes already in operation. I hope, therefore, that it is a simple amendment that the Government will be able to accept to help provide clarity. Before I explain the rationale behind the amendment, I should like to comment on the importance of safe and legal routes. Since the pandemic, and following the end of the vulnerable persons resettlement scheme, I have despaired as I have witnessed the breakdown of our contribution to global efforts to support refugees to find sanctuary. 

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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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