Baroness Stroud:

Moved by Baroness Stroud

At end insert “, and do propose Amendment 102B in lieu—

102B: After Clause 58, insert the following new Clause—“Duty to establish safe and legal routes(1) The Secretary of State must, within three months of the publication of the report required by section 59(1), make regulations specifying additional safe and legal routes.(2) In subsection (1), a “safe and legal route” means a route which allows relevant persons to come to the United Kingdom lawfully from abroad.(3) In subsection (2), a “relevant person” is—(a) a person who, if they were in the United Kingdom, would be a refugee within the meaning of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention,(b) a person who, if they were in the United Kingdom, would be eligible for a grant of humanitarian protection in accordance with the immigration rules, or(c) a person who, if they were in the United Kingdom, could not lawfully be removed from the United Kingdom by virtue of Article 3 or 4 of the Human Rights Convention.””

My Lords, I brought a variation of this Amendment to the House on Report. I refer to my entry in the register of interests. I said in that debate that this amendment is very simple. It is designed purely to place a duty on the Government to do what we have just heard they intend to do anyway—introduce safe and legal routes. This should therefore be a simple amendment to respond to. The moral credibility of the entire Bill depends on the existence of safe and legal routes. The basis on which we are disestablishing illegal and unsafe routes is that we are committed to creating legal and safe routes. That therefore needs to be reflected in the Bill.

For the purpose of clarity, I will take two minutes to lay out both the framework that sits alongside this Motion already and why the Government can feel confident in accepting it. First, as we have just heard, the Government have total freedom to undertake consultation with local authorities in any way they choose to ascertain the capacity that exists for local authorities to welcome refugees and asylum seekers through safe and legal routes. This is already committed to in the Bill.

Secondly, the Government then draft their own report, which they have already committed to doing by the end of January. This is already committed to in the Bill. Even then, the number of people who would be able to come via those safe and legal routes would be subject to a cap, as decided and voted on by this House. This is already in the Bill. This is the framework under which this Motion would sit. Its purpose, therefore, is that, within those limits and that context—all of which are already committed to in the Bill—the Government would then have a duty to do what they say they want to do: create safe and legal routes. The lack of a substantial commitment in primary legislation to this end is a serious omission and one that this amendment gives us an opportunity to address.

I am grateful to the Minister for making the statement that the Government intend to outline new safe and legal routes in the January report and implement them as soon as is practicable—in any event, by the end of 2024. However, if this really is the case, surely the Government would want to place it in the Bill, too, so that it cannot get lost with the passage of the time and electoral cycles, as has happened with the consultation, the publication of the report and the structure of the cap. Surely, at the very least, the Government would want to place a duty on themselves to have brought in safe and legal routes no later than the end of 2024.

Let me turn to the timeframe that has been introduced to this revised version of the Motion. I have chosen a timeline of three months after the publication of the Government’s report on safe and legal routes for three reasons: first, this will be nine months after the enactment of the legislation, which is more than enough time to develop and implement a serious proposal and respect the proper process to which the Minister referred; secondly, it is enough time for the Bill to have had effect in stopping the small boats if it is going to do so; and, thirdly, it will ensure that the commitment as set out in legislation should not cut across a General Election or purdah next year. As I mentioned on Report, if the Minister would like to propose putting an alternative timeline in the Bill, I would welcome that conversation, but I have not yet heard of an alternative legally binding timeframe from the Minister.

I look forward to hearing the Minister’s response. For all the talk of safe and legal routes, we have reached ping-pong with no commitment to them as part of the Bill. I beg to move.

My Lords, on behalf of these Benches, I will support the noble Baroness if she presses her Amendment to the Motion. I wish to make two points very briefly, but before doing so I declare an interest. I returned last night from the Horn of Africa, where, as I am sure the Minister will be aware, many of the discussions I had with parliamentary colleagues from that region related to this Bill and the damage we are doing to our international reputation.

My first point relates to a letter that the noble Lord, Lord Murray, sent me after the conclusion of Report stage. I thank him for it. It referred to one of the existing schemes that the Government operate. It is an uncapped scheme—the UK resettlement scheme. In Committee and on Report I asked for clarification of whether the Government’s uncapped scheme has, by virtue of ministerial discretion, in effect become capped.

That scheme, which is global, is now being prioritised only for those from Afghanistan, in effect closing routes from all other countries that we have debated in this debate so far. It took until the 10th paragraph of the Minister’s letter to say, effectively, that I was correct. He said:

“As a result, we are necessarily prioritising those who have been referred by the UNHCR and who are already awaiting resettlement”.

That means that we have closed the safe and legal routes that we are seeking to expand, as the noble Baroness has argued for.

The Advocate-General for Scotland suggests that the Government should not be criticised for having a delay. The outstanding question is: why do the Government not have a baseline capacity now that any safe and legal routes would operate under, and what funding would be available to it? Which countries are the Government considering as candidate countries for new safe and legal routes? The Government’s opaqueness suggests that they do not have a plan that would be ready on the conclusion of the Bill, so it is necessary that we put in statute the guarantee that we will have these routes.

The second point I wish to ask the Minister for clarification on is the use of overseas development assistance. The Government have used overseas development assistance to score all the budgets for those to be resettled under the Bill—indeed, for asylum under all the schemes for safe and legal routes. This is at a cost of £1.9 billion of ODA, which has been taken away from other development projects in many of the candidate countries from which we are seeking safe and legal routes.

I understand that the Bill, and the way it has been drafted, means that the Home Office will no longer be able to score any of those individuals who will be deemed inadmissible under overseas development assistance. That means that, under the current budget, the Home Office itself would have to find up to £1.9 billion of expenditure which could not be scored against overseas development assistance. Under the Development Assistance Committee rules, the Government are now placing on the taxpayer inordinate sums of money for a Bill that cannot be operated and is inoperable. Will the Advocate-General confirm to me now that that is the case and the measures under this Bill will mean that the current way that the Government are funding those to be resettled will no longer be able to be used and there is an enormous black hole in the funding of this scheme?

Regardless of the answer, we support the noble Baroness, Lady Stroud. We need the guarantee because, so far, the Government have been woeful in offering any reassurance.

My Lords, I would just like to say how much these Benches support the Motion in the name of the noble Baroness, Lady Stroud, for the reasons she outlined in her introduction. If she seeks to test the opinion of the House, we will certainly support her.

My Lords, we do not characterise the time taken properly to consider the identification and implementation of safe and legal routes as being in any sense a delay. Rather, it is a proper, considered application of thought to make sure that the measures will work correctly. Beyond that point, I have nothing further to add.

I would like to test the will of the House.

Ayes 174, Noes 122.

Motion W1 agreed.