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Lord Williams of Mostyn: My Lords, I prefer to view life optimistically. Sometimes, as the noble Lord knows, optimism is justified. To his astonishment and mine, we came to an agreement on a possible way forward for working practices in the House. If he had
been a pessimist or I an inveterate grouch, neither of us would have spoken to each other, but all ended in harmony, light and a decent lunch.The Foreign Secretary, Jack Straw, and the Home Secretary, David Blunkett, have both said that Dublin should be revisited, and I am sure that that is right. We do not have perfect co-operation with France on every conceivable aspect, but, by and large, France is a good partner in Europe.
Lord Bruce of Donington: My Lords, will my noble and learned friend take note of the obvious support in the House for the insistence of the noble Baroness, Lady Williams of Crosby, that there should be a full debate on the matters discussed today? Will the Minister be certain to emphasise, in preparing the Government's part in that debate, the fact that hundreds upon hundreds of European regulations emanating from Brussels already go through for execution without the slightest intervention of either House of Parliament? The power of Parliament to express a view or take any effective action about the proposals is being progressively diminished. That matter should be addressed as a matter of urgency.
Lord Williams of Mostyn: My Lords, this chimes, I believe, with what I was gently putting to the noble Lord, Lord Waddington. The noble Baroness, Lady Williams of Crosby, has not been alone. In one way or another, most of your Lordships have criticised the fact that there is an increasing body of Europe-derived legislation which has insufficient scrutiny. But that is precisely one of the recommendations to be found in that excellent document relating to the Leader's Group on working practices, where we suggest that your Lordships do just that. I was very heartened by the fact that the noble Lord, Lord Brabazon of Tara, said that his committee was happy to review the question with a view to producing more effective scrutiny. That is true of all secondary legislation, but not least European-derived legislation. I am happy to endorse my noble friend's stance.
As regards a full debate, I believe that I have made my own view clear. Subject to the agreement of the usual channels, this is the sort of debate we ought to be having—informed, constructive, rational and lacking in populist rhetoric.
Nationality, Immigration and Asylum Bill
4.40 p.m.
Lord Filkin: My Lords, I beg to move that this Bill be now read a second time.
In October last year my right honourable friend the Home Secretary promised a comprehensive and radical reform of our nationality, immigration and asylum systems. The White Paper Secure Borders, Safe Haven and now this Bill, which has been constructively debated in another place, are major steps in taking the Government's commitment forward.
Before I come to the contents of the Bill, I should like to put it into its wider context by just referring briefly to four issues: first, the contribution that legal and managed migration can make. We recognise that migrants bring significant benefits to this country in terms of their contribution to our economy and to the richness of our diverse culture. The White Paper outlined the Government's proposals for sensible, controlled avenues of migration to fill labour and skills gaps in the UK economy.
Our first priority remains, of course, getting the UK unemployed into work through Welfare to Work and New Deal policies. But managed migration can complement those domestic policies by providing legal avenues for entry to the UK for those with the skills required to contribute to our economy and society.
There are acknowledged recruitment difficulties at both the high and low skill end of the UK labour market. The number of work permits issued has doubled over recent years. Earlier this year we introduced the Highly Skilled Migrant Programme. That programme aims to attract those of very high calibre to the UK to look for work. We have also issued a consultation document on reviewing the Working Holidaymaker Scheme. At the low skilled, seasonal end, we are also reviewing the Seasonal Agricultural Workers' Scheme. We are looking at ways of building on the principles of that scheme to meet the demand for casual or seasonal workers in specific sectors of the economy.
Legitimate routes to enter and work in Britain are an essential part of a sane and comprehensive policy of managed migration and how we address asylum seeking. It is relatively early days for this policy, but we shall look to where and how it makes sense to go further and faster.
As we discussed last week, it makes sense to recognise the need to address the root causes of both asylum claimants and of economic migrants. That will require a medium term strategy over a number of years. We need to tackle the many pressures that force people to migrate or seek asylum. The Government are making a contribution to that through the work being done by DfID and others to help address the root cause of displacement in source countries by tackling poverty, reducing conflict, promoting good governance and helping countries to promote human rights. A good example is the reconstruction work in Afghanistan. Clearly, there is a need for the wealthy part of the world to recognise both the moral and the practical self-interest of more work to reduce the pressure for people to leave poor countries or those where they are threatened with civil strife to come to other parts of the world.
DfID is working hard to address the root causes of poverty, discrimination and lack of capacity to protect human rights that make people, particularly women and children, vulnerable to trafficking. It is supporting initiatives focused on tackling trafficking in the Balkans, West Africa and the Mekong region of
South-East Asia. We provide support to civil society organisations such as Anti-Slavery International and Save the Children which work on these issues.
Lord Clinton-Davis: My Lords, before my noble friend continues, perhaps I may ask him something which I should have raised earlier. The other House considered this Bill, but large sections of what has been contemplated by the Government were introduced in such a way that no debate took place. Does my noble friend consider that that was a useful operation or not?
Lord Filkin: My Lords, if my noble friend has patience with me, I shall be coming shortly to other sections of the Bill. As regards the amendments introduced and signalled by the Government, quite clearly they will be one of the prime areas for scrutiny by this House. The Government would not have brought them forward at that relatively late stage in the Commons if they did not consider that there was a pressing reason for doing so. Therefore, the short answer is that I believe it was necessary although, as ever, it would have been desirable if more time had been available for them to be scrutinised in the other place.
The final point I wish to make about root causes concerns the resettlement schemes through UNHCR. We had a good debate on that subject last week. We recognised that this again is at an early stage. In programmes like that it is possible that people who are genuine refugees in remote parts of the world also have the opportunity to claim asylum in other countries rather than those who, through their geography, are proximate to a safe third country.
Also in this general context, I believe that the need for action in the European Union and world action has been well debated in our recent discussion on the Statement on Seville. It is quite clear that we cannot pursue in isolation from the rest of Europe our immigration and asylum policies that respond to the challenges and opportunities of increased migration. Both my right honourable friend the Home Secretary and I have recently reiterated to our partners in Europe that we need to take forward European-wide action founded on four common principles and values that we should be proud to uphold; namely, that the EU must clearly state that it opposes racism; that it should be recognised that the EU has benefited considerably from immigration in the past and is likely to do so in future; that it must ensure that migration is properly managed and not open to abuse; and that the EU needs clear and consistent policies on immigration and asylum.
Finally, in terms of the context, we should see the clear connection between the duty of the Government and society to seek to integrate people who make successful claims for asylum. Clearly, we signal that in the White Paper promoted by Barbara Roche last year. There should be a link between that and our policies on racism and perhaps through the Race Relations (Amendment) Act, social inclusion and by addressing community cohesion, particularly in some
areas of our country where society is not yet as integrated as one would wish. Integration has to form a part of a positive policy to genuine asylum claimants just as managed migration has to economic migrants.I turn now to the Bill. Part 1 and Schedules 1 and 2 contain proposals for a new approach to the acquisition of British citizenship to give it real meaning and to help new citizens to play a full part in our society. That includes a new citizenship ceremony and a pledge and regulations to specify how the requirement for naturalisation applicants to demonstrate knowledge of our society and sufficient command of English, Welsh or Scottish Gaelic can be met. But there will be a waiver for both language and citizenship tests for the vulnerable to whom the requirement would make the acquisition of British citizenship impossible if too high a hurdle were set.
We should also be able to deprive of citizenship, in careful circumstances, those such as war criminals whom we are satisfied have obtained it by fraud, false information or concealment. Where possible, we will seek to take British citizenship away from terrorists and others who have engaged in conduct seriously prejudicial to the whole state. The Bill will enable us to do so.
Part 2 of the Bill includes measures that contribute to the Government's radical overhaul of the asylum system. Vouchers were replaced in April by cash, ahead of schedule. New application registration cards have been issued since January to help to ensure that only those entitled to support get it. The first induction centre is up and running in Dover.
Just to put the challenge we face from asylum applications into context, UNHCR estimated that there are 12 million refugees worldwide and 9 million more are stateless, displaced or of concern. For almost 40 years following the Second World War, the UK never received more than 4,500 asylum applications per year. That increased tenfold within two years and the increase in some European countries was even more dramatic.
The UK's share of those seeking to be recognised as refugees has doubled over the past 10 years, from around 30,000 to 71,700 in 2001. Around 9 per cent of applicants were granted asylum in 2001, with a further 17 per cent being granted exceptional leave to remain. A high proportion, 74 per cent, were refused on the ground that their claim was unfounded; that they were economic migrants rather than refugees. Of those whose claims were refused in 2001, 19 per cent of those who appealed, not of the total, successfully appealed against the decision. In 2001, there were 9,185 removals of principal applicant failed asylum seekers, including voluntary departures. That represents a large increase from the position in 1992, when 1,345 were removed. A point to make here is that 10,000 is a significantly smaller number than 70,000. If we are to succeed in reducing the attraction and the success of traffickers in extracting money from people who want to come here in pursuit of economic migration, we have to be more successful at returning those people who are not refugees to their source countries.
In 2001, the UK accounted for 21 per cent of asylum applications in Europe and ranks eighth on the list of EU countries for applications per head of population, at 1.5 per 1,000.
Part 2 of the Bill takes us further in our reform of the asylum system by providing new accommodation centres for asylum seekers. Potential sites for the establishment of the trial centres were announced by my noble friend Lord Rooker on 14th May. The Home Office intends to apply for planning permission for each site where an accommodation centre is proposed. The House knows that government departments are required to use the Circular 18/84 procedure to submit planning notifications. The Home Office will submit the notifications using the ordinary, rather than the fast-track procedure, which mirrors the ordinary planning application process. Local authorities have eight weeks in which to respond.
Notifications in respect of the Bicester and Newton sites have already been submitted and decisions are expected shortly from the relevant local authorities. The Home Office intends to lodge appeals if the planning authorities object to the notifications.
Accommodation centres are a vital part of streamlining the asylum system, speeding it up and making it seamless. Such centres will ensure that asylum seekers are properly supported and accommodated during their claim. As agreed in the other place, we are considering placing a time limit on the time families with children spend in an accommodation centre and assessing children's needs when residence of six months in a centre is approaching.
In the trial centres, essential services will be provided on site to minimise the burden on local services and to create self-contained communities within the centres. We are looking actively at the feasibility of locating adjudicators on site and there will be access to legal advice. Those issues were both promoted vigorously in the other place.
Asylum seekers will not be detained in accommodation centres, but it is important for the whole system to work that asylum seekers can be tracked at all stages. Thus there will be some conditions of residence, to be set out in regulations, and sanctions if they are not met. Conditions will be the minimum necessary to ensure the smooth running of the centres.
As was indicated in the other place, we are also looking into the possibility of there being visiting committees and an inspection mechanism. We shall bring forward the necessary amendments at a later stage of the Bill's proceedings in this House.
Discussion is taking place in Europe on the draft Asylum Procedures Directive, which seeks to guarantee fair and efficient procedures across the EU, including access to national asylum procedures. At present, support for asylum seekers varies across Europe, with some countries providing compulsory access to accommodation and financial support, and some not doing so. Furthermore, there is wide variation in the level of financial support. In the
majority of countries, applicants whose asylum claims are rejected have a right of appeal to an independent judicial body.Part 3 and Schedule 3 contain provisions about other support and assistance for asylum seekers, including powers to make support conditional on regular reporting, and to require supported asylum seekers to live in accommodation provided for that purpose. I hope that noble Lords will be reassured by the fact that we will bring forward an amendment in Committee that the order for the withdrawal of the cash-only option will be subject to affirmative resolution.
We also want to ensure that we deal in a humanitarian way with all those who need our support. The Bill allows us to ensure that we are able to support those failed asylum seekers who are unable, for reasons beyond their control, to leave the country. We already work with the International Organisation for Migration to facilitate the return of those who are willing to leave at any stage during the asylum process. We are taking a power in the Bill to enable us to extend the support provided to meet the cost of their immediate arrival, reception and longer-term reintegration. As I mentioned previously, the Bill also gives us a power to fund a gateway for those refugees whose lives cannot be protected in their current place of asylum, which we will operate with the UNHCR.
Local authorities are facing increased pressure for support from those who have refugee status in or citizenship of other EU member states and seek to come here to gain residence and access to public funds. We are taking measures in the Bill to provide legal clarity of the obligations of local authorities and to ease the pressures on them. My right honourable friend the Home Secretary is also pursuing these issues through negotiations with our European partners.
A necessary part of an end-to-end asylum system is removal and we intend to press ahead with the expansion of removal centres for those who will not co-operate with return, despite the events at Yarl's Wood. We shall of course take into account any lessons to be learnt from those.
If we are to speed up removals then we need to concentrate our resources. Among the provisions in Part 4, we are repealing the unimplemented provisions in the 1999 Act for routine bail hearings because they are no longer consistent with an expanded, properly functioning removals system. Existing arrangements by which bail can be sought remain in place.
It is not acceptable that those who have been granted refugee status but who have become a danger to our community by committing serious crimes should remain here. The Bill will allow us, in accordance with the Geneva Convention, to return to their own country those who are sentenced to two years' imprisonment or more.
For the asylum system to work effectively, procedures for appeal and judicial review have to be clear, fast and not open to abuse. The current system does not meet those criteria. Part 5 and Schedules 4 to 7 streamline and simplify the immigration appeals
process as set out in Part IV of the 1999 Act. Most of the appeal rights will be unchanged, but practical and procedural problems are addressed.We shall reduce the opportunity to frustrate removal by continually bringing new grounds of appeal and the Bill allows us to provide adjudicators with the power to set closure dates for appeal hearings to stop delays caused by multiple adjournments. The majority of appeals will still be suspensive; that is, appellants can remain in the UK while they are being considered. But some, including those where an asylum or human rights claim is clearly unfounded, will no longer be allowed to do so. We are also introducing a statutory review process to replace judicial review in some cases. Cases would be decided on the papers by a single High Court judge.
Among the procedural matters in Part 6 and Schedule 8, there is a power to charge for work permits, on which we are consulting, to cover the cost of the service and to help us to maintain the existing, exceptionally high service standards. In future, advice on work permit applications will be included within the regulatory scheme administered by the Office of the Immigration Services Commissioner. There are also powers to require local authorities, banks and employers to provide information about suspected immigration offenders.
There are measures to assist the smooth passage of those entering legally and the stay in this country of those here for legitimate purposes, thus allowing immigration officers to focus on tackling those who are seeking to enter illegally. These include an enabling power to require the provision of certain biometric data, such as iris scans, from those who are seeking to come to, enter or remain in the UK. The Bill also includes a power to develop an authority-to-carry scheme which would enable us to tackle potential security threats and immigration offenders before they set out for the UK.
We are addressing the findings of the Court of Appeal in the Roth judgment by amending the civil penalty and carriers' liability provisions of the Immigration and Asylum Act 1999. The new provisions will establish a more flexible penalty regime, introduce a statutory right of appeal and modify the provisions for the detention of transporters.
Part 7 introduces new offences and other measures aimed at tackling illegal working, facilitation of illegal entry and people trafficking. We are increasing the penalty for facilitating illegal entry from 10 years to 14 years to indicate that we view it as seriously as drug smuggling. We are committed to strengthening the law to clamp down on the evil crime of trafficking women and children for the purpose of sexual exploitation. We have acted quickly by including in the Bill measures to close the loopholes that allow foreign nationals and those from the EU to be brought into or through the UK for this purpose. We will do more in other legislation subsequently.
We will combat illegal working by clarifying the range of documents that can be used to show entitlement to work. This will make it easier for employers to comply with the existing legislation. We will also make it easier for immigration officers to gather evidence about illegal working offences and, if appropriate, to bring prosecutions.
In conclusion, I reiterate that we should welcome legal migration and open up effective channels for those who fulfil skill shortages and employment needs in this country. We should combat racism and use the full force of the Government and the range of other measures that I have spoken to briefly against those who seek to use immigration or asylum pressures to promote racism in our country.
We must manage the asylum process fairly and vigorously in order to reassure our society that we are in control of the situation and that we stand firm on the values to which I have referred. We should manage it in a way that deters trafficking, smuggling, criminality and illegal economic entry. But, at the same time, we must continue to uphold the proud principle in our society of giving sanctuary to those who have a need for it. I commend the Bill to the House. I beg to move.
Moved, That the Bill be now read a second time.—(Lord Filkin.)
5.1 p.m.
Baroness Anelay of St Johns: My Lords, those of us who have witnessed, as I have, the lines of men, women and children wending their desultory way across the fields of northern France back to the warehouse known as Sangatte, or who have seen the attempts of those who stow away in lorries or ships to reach these shores, can be left in no doubt about the desperation felt by people who are so determined to seek a future in this country that they put themselves and their families at such risk.
We must take a system that is undeniably chaotic—I acknowledge that it was not in perfect working order in 1997, but it has got substantially worse since then—and turn it into an orderly system that achieves two vital objectives: first, the rapid, effective admission of refugees fleeing persecution; and, secondly, the equally rapid and effective removal of those seeking to use this method to get round the immigration rules rather than face up to them. It must balance the needs of people who are desperate with those of our nation to control the flow of immigration through proper and fair rules. It must be effective because if it is not the whole immigration system will be brought into disrepute and control over it will be lost.
I echo the words of the Minister that the great advance we have made is that there is now a general recognition that the issue needs to be addressed in a rational manner and that we need a system that is not only balanced but effective. The great majority of the measures in the Bill are welcome. That will be no surprise because we welcomed the White Paper on which the Bill is based in most respects. We support the naturalisation provision in Part 1 in general. My noble
friend Lord Bridgeman will give our response to Part 1 in some detail later. I shall concentrate on a few of the other parts of the Bill.Part 2 provides for the establishment of accommodation centres. We are broadly supportive of the concept. Again, that is hardly surprising as it strongly echoes the proposals we put forward before the last general election. But our welcome is for the concept and not always for the detail of the way the Government propose that the centres should operate. They are not currently structured in the way that we believe they need to be if we are to have rapid processing of claims so that those who are refugees and who, in so many cases, have fled from appalling persecution quickly find a home in this country and those who are misusing the asylum system are speedily dispatched from these shores.
Our objections are on three grounds: location, size and the facilities provided. In regard to location, we believe that the centres should not be sited in rural areas. That would be detrimental to the interests of asylum seekers and could cause concern and fear among local residents. They should be sited in locations which are suitable to the cultural and other needs of the residents. The accommodation should be near towns and cities and integrated with the local communities. After all, integration is crucial to preventing segregation, which would be detrimental to race relations and impede possible resettlement. I am disappointed to hear today that the Government appear determined to press ahead with their decision to notify the sites already listed. I hope that during the course of our debates on the Bill we shall be able to persuade the Government that they should seek other sites.
As to size, the Government plan to pilot the scheme with about 3,000 places in four accommodation centres, which means about 750 people in each centre. They have set themselves a target of clearing applications in about six months. So even my simple maths tells me that that means only about 6,000 of the 80,000 applications a year will be processed in the accommodation centres. That leaves an overwhelming number to be processed on the same basis as at present and with the same dispersal systems as we have now. Although the Government's changes on vouchers and the appeals process are welcome in the main, they are making no significant changes to the processing of most applications.
If the building of the accommodation centres goes ahead at full speed and there are no local planning problems, we are still likely to have to wait about three years before the centres are up and running. So this is not a major shift from chaos to order; it is an experiment about what might be a solution one day.
We believe that a large part of the chaos is caused by the paper chase and the people chase around the UK as appeals move people and paper from place to place. Our third objection, therefore, is that the Bill does not provide enough of the right facilities and services on site for the residents. What goes wrong at the start of
the application process arises from there being not enough appropriate legal advice and not enough reliable, judicially accepted country risk assessments.We should gather together in one place the relevant legal expertise that the Bill envisages, the relevant medical and interpretative expertise, the caseworkers who make the initial decisions and the adjudicators. Then we would really start to have a one-stop shop, not the half-built version that the Government propose.
When my honourable friend Mr Letwin sought to introduce a new clause on Report on 11th June to ensure that adjudicators would make their decisions on site, the Home Secretary stated that he was prepared to consider an amendment in this House and that he would talk to the noble and learned Lord the Lord Chancellor and the chief adjudicator about the best way to organise it. We would welcome an effective amendment on this matter when it comes before your Lordships. I emphasise the word "effective" because we shall wish to scrutinise the amendment.
To make the process work, we must also have a system of country risk assessments which carries weight and will stand the test of judicial challenge. How do we achieve that? By doing what the Refugee Council proposes—that is, by having a documentation centre independent of the Home Office which would be responsible for producing country risk assessments. Independent risk assessments would carry credibility because they would not be influenced by a desire to achieve a particular result in appeals.
On Report, the Government hinted that they would bring forward proposals soon. From what the Minister said today, I look forward to seeing the amendment. I also look forward to seeing an amendment in regard to visiting committees, to which the Minister referred, which reflects fully the concerns raised in an amendment in another place proposed by my honourable friend Mr Malins.
The one-stop shop that we envisage would be able to achieve fair decisions in a much shorter time than envisaged in the Government's plans. We could process claims within weeks rather than months. That would be fairer to everyone. The longer the process takes, the more compelling becomes the argument to allow children to receive education in mainstream schools rather than on site, and to allow asylum seekers to work.
Our practical proposals would ensure that these problems will not arise as the processing of claims should take a maximum of 10 weeks. This target maximum of 10 weeks should appear on the face of the Bill. Without it, there is no incentive to get the whole system working properly for the residents.
Turning to other parts of the Bill, I can be briefer. We welcome Clause 126, which introduces new offences of people trafficking to fight the organised gangs that are currently making huge profits from the trade in human misery and exploitation. But we shall need to examine them to ensure that they are effective UK-wide.
We support the consolidation and streamlining of the appeals process. There is no doubt that if people are able to make several different concurrent or serial appeals, the system will remain in chaos. It is right that the whole appeals system should be consolidated and in general we support those measures. But—and it is a big "but"—we shall need to examine the amendments which the Government introduced at a late stage in the other place. I anticipate that the House will rightly want to examine in some detail the issue of non-suspensive appeals.
We shall need to scrutinise carefully the matters that, I am sure, will be raised later today by the noble Lord, Lord Lester of Herne Hill. He was kind enough to copy to me the e-mail that he sent to the Minister giving notice of his intention. I am grateful to him for his courtesy and look forward to listening to him.
We were briefly reminded in an intervention by the noble Lord, Lord Clinton-Davis, that a regrettable feature of the Bill is how much of it has not yet been scrutinised by Parliament. In another place, the Bill grew by a third in length due to government amendments. Yet many of these were not—and could never be—examined by another place. Over 120 government amendments, 12 new clauses and the new Schedule 8 on carriers' liability were guillotined in Committee and on Report. One-quarter of the Bill which left Standing Committee in another place was never discussed as a result of the operation of the timetable Motion.
It was constitutionally impossible for my honourable friend Mr Letwin to amend new Clauses 82 and 101, which were introduced in another place on Report as new Clauses 14 and 15. These provisions will not only deeply affect the lives and the sense of fair play of certain individuals; they are also highly contentious in respect of their compatibility with the Human Rights Act. We believe that some parts of Clauses 82 and 101 will have to be disentangled from the other provisions with which we agree in order to ensure that they work more fairly.
In conclusion, immigration and asylum are among the most emotive issues facing us today. That will continue to be so. As the representative of the UNHCR said at the briefing meeting on the Bill last week, chaired by the noble Lord, Lord Dholakia, an asylum system is more likely to be cost effective and work properly if it provides humane treatment with appropriate standards of care and fair procedures. We believe that much of Bill tries to achieve that, but not all. We look forward to improving it.
5.12 p.m.
Lord Dholakia: My Lords, perhaps I may take this opportunity to thank the noble Lord, Lord Filkin, for arranging a meeting with Members of this House which was addressed by the deputy director-general of the immigration and nationality division, Dr Chris Mace. We found the meeting extremely helpful. We
understand the problem that the Government are facing, but we do not necessarily subscribe to some of the solutions offered in the Bill.Perhaps I may also welcome the noble Baroness, Lady Anelay of St Johns, to her Front Bench duties. This particular task is not new to her. She has rightly identified some of the crucial areas for debate and we are in sympathy with the points that she has made. Let us hope that in Committee and at other stages we can co-operate to make the Bill better than it is at present. At the same time, perhaps I may say how sad we are to lose the services of the noble Lord, Lord Dixon-Smith, whose contribution and friendship are always valued.
I want to make one complaint about a matter which is not for the Minister but for the usual channels. Three consecutive days have been set aside for the Committee stage. That time limit makes it almost impossible. The Opposition Benches do not have the kind of resources that are available to the Government. To be able to deal with a substantial number of amendments in three days is an impossible task—bearing in mind the comment of the noble Baroness, Lady Anelay, that the Bill hardly received the type of scrutiny that it should have received in the Commons, and we are possibly faced with the same position in this House. I hope that the usual channels will take note of this and that we shall never again be faced with such a situation.
I should also like to thank a large number of immigration agencies which have helped us in terms of providing briefing about the issues identified in the Bill.
This is the fourth Bill in 10 years. We do not dispute that the United Kingdom's asylum and immigration system requires radical reform. When the White Paper, Secure Borders, Safe Haven was published in February, we welcomed measures that were designed to provide a more holistic approach.
Immigration and asylum maters are fairly emotive, as has rightly been pointed out. Despite the nature and effects of all past and present legislative measures, the circumstances surrounding them remain fairly contentious. We do not dispute that immigration policy must protect our national interest. However, no country can remain static if it is to benefit from social and economic changes taking place in the world community. We must respond to that change.
There is a serious flaw at the heart of the Government's immigration and asylum legislation. Too often, fairness has been sacrificed in preference for a firmer policy. The heavy emphasis on excluding the ineligible rather than giving prompt attention to the rights of those who are eligible has led to administrative practices which result in particular adverse effects on genuine entrants to the United Kingdom; and it does not help when it seems central to the Government's thinking.
I repeat a point that I have made previously. Is it not a fact that the greater the emphasis on excluding the ineligible, the more extensive the legislative checks must be? The more complicated they are to administer,
the greater is the delay and hardship for those who are eligible and the greater is the concern about their welfare.Is it any surprise, if such measures are taken to extreme in matters which are not susceptible to documentary proof, as is the case with victims of torture and persecution, that our obligation under the 1951 UN Convention on Refugees must be questionable?
The history of immigration is littered with ill-conceived measures. Perhaps I may give an example. In the 1950s, the Labour government set up an interdepartmental committee to consider the possibility of legislative and administrative methods to deal with the matter of immigrants. So preoccupied were Ministers with the numbers entering the UK that the welfare and integration of the newcomers was not even discussed. In fact, at the time, the key policy recommendations were that:
- "any solution depending on an apparent or concealed colour test would be so invidious as to be impossible of adoption. Never the less it has to be recognised that the use of any powers taken to restrict the free entry of British subjects to this country would, as a general rule, be more or less confined to coloured persons".
Therefore, is it any surprise that all immigration and asylum legislation since the 1950s has been based on such exclusions? We rely more on the tabloid newspapers than on social research. We fail to appreciate that there are changes taking place throughout the world. We are now part of a global economy. Migration on an international scale has helped to contribute towards the prosperity of many of the western nations. Let us consider the huge economic benefits to the countries that have adapted to the change. America, Canada and some of the European countries are a case in point.
I want to deal with two broad areas where immigration has positively benefited the United Kingdom. The last available figures from the Labour Force Survey indicated a total of well over a million foreign nationals working legally in the UK. Therein lies one of the strengths of the financial services sector. It is estimated that one in seven City workers were born outside the United Kingdom.
The second point that we should never forget is that, for decades, there was substantial emigration—people moving out of the United Kingdom. Taken to its extreme, this has serious consequences, as I shall explain later.
It is evident that since the Immigration Act 1971, primary immigration to the United Kingdom is no longer possible. It has been cut to the bone. There is also confusion at the heart of the debate on this subject. A debate about what a modern immigration policy should look like needs to be defined. It needs to draw on complex and inter-related issues; and this must be backed by proper research. Instead, the message that we are fed, which permeates from the policy-makers, is that asylum seekers are bogus, devious and dishonest.
Asylum matters require sensitive handling. The policy should focus on our moral and legal obligations. We should be less preoccupied with which political party has been most effective in adopting robust policies to deter people seeking refuge here. A start has to be made that clearly distinguishes our policy on three fronts: primary immigration, economic migrants and asylum seekers. If we clarify those areas, we are at least on the way to a rational debate on the issue. The Government have at least tried to do that in the Bill and I welcome that.
We uphold the Universal Declaration of Human Rights, including the right to seek political asylum. The 1951 UN Convention relating to the Status of Refugees gave that right legal expression. We support that. Is it not a shame, therefore, that the convention is rendered meaningless if those in search of such protection and assistance are unable to reach the territories of state parties to the convention? While paying lip service to the convention, successive legislation has acted as a barrier to human rights protection, attempting to prevent those at risk of persecution from fleeing their persecutors.
We have seen dramatic footage of countries torn apart by war, terrorism, hunger and famine. We see images of masses of people on the run, carrying whatever possessions they can salvage. That vividly portrays the plight of destitute people. When the television cameras have gone, we no longer see the human suffering or the fear, grief and bewilderment, until we see some of them knocking on our doors. We then place them in detention—another prison, another confinement—with no guarantee that they can live here.
Asylum lasting only 10 years is a relatively new phenomenon. The entry of more than 70,000 people has skewed the debate on migration. Our aims should be not only about protecting our society and economy from external pressures. We need clarity about economic migrants and those in real fear of persecution. We need to manage the opportunities at a time when there are skills shortages in this country. We also have a declining and ageing population. Mismanaging immigration could have dire consequences for generations to come.
There is clearly no such thing as absolute control. It simply has not worked. I repeat that it will not work in the future. I was a member of the group that produced the Runnymede report on The Future of Multi-Ethnic Britain. There is a message here for politicians. First, the sense of panic that the issue instils and the subjectivity with which it is discussed lead to bad law, giving rise to challenges in the UK courts and among international human rights bodies. Secondly, it prevents or obstructs an objective and forward-looking examination of the need for the benefits of immigration. Thirdly, it undermines Britain's development as a cohesive but diverse society.
The White Paper, Secure Borders, Safe Haven, set out a number of encouraging proposals, included in the Bill, which we welcome. There is a recognition of the importance of migration to business development
in particular. The work permit review has led to some welcome improvements. The Bill contains provision to amend British nationality legislation. We welcome provisions for citizenship ceremonies and for ensuring that applicants have sufficient knowledge about life in the United Kingdom before naturalisation.I know of no one who objects to an oath or a pledge bearing allegiance to Her Majesty Queen Elizabeth II. It is a reality that Commonwealth citizens respect Her Majesty the Queen more deeply than do some people born in this country.
However, a golden opportunity to redefine citizenship has been missed. No one will fail to give loyalty and respect the rights, freedoms and democratic values of their adopted homeland, but we have singularly failed to define what duties and obligations are all about. The confusion about Britishness and about multi-culturalism will continue unless we clearly define what citizenship is all about. It is more than signing a piece of paper pledging loyalty to an adopted homeland. Citizenship is all about inter-dependence, self-reliance, openness, liberty, diversity and pluralism. It is not about taking all the benefits without putting something back. It is about accepting new values and new culture, encompassing all that is good in our values and what is good in others.
Citizenship is a process determined not just by a stamp in our passport, but by values that enhance not only our status, but also the status of the country that is our adopted homeland. If, by the example of good citizenship, we contribute towards dignity, justice, fairness and equality for all our citizens, then Britishness would be less relevant. The periodic arguments about ethnicity and multi-culturalism would be also less relevant. Let us hope that Part 1 of the Bill is the first step in the right direction, but much more work is needed here.
We welcome the replacement of the voucher system with a cash system and the resettlement programme. We said that the voucher system would not work and we were proved right. However, we are concerned that reforms are outweighed by measures that will undermine the quality of protection afforded to victims of human rights violations. We are also concerned about depriving any British citizen—born, registered, or naturalised—of citizenship if the Secretary of State is satisfied that the person has done anything seriously prejudicial to the vital interest of the United Kingdom. That concern was endorsed by the Select Committee on the Constitution. We shall probe this in detail in Committee, because the principle goes to the heart of the constitution. Are we going to create a nation of refugees who have nowhere to go and no rights to enjoy? The condition of accepting British nationality is the renunciation of any other citizenship. How can a citizenship that has been renounced be restored? Equally, the dangers faced by persons of dual nationality cannot be underestimated. The Secretary of State should not be vested with such
draconian powers. The courts have enough powers to deal with those who have done anything seriously prejudicial to the vital interest of the United Kingdom.
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