Amendment 138

Part of Border Security, Asylum and Immigration Bill - Committee (5th Day) – in the House of Lords at 5:30 pm on 8 September 2025.

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Photo of Lord Hanson of Flint Lord Hanson of Flint The Minister of State, Home Department 5:30, 8 September 2025

My Lords, I am grateful, as ever, to the noble Lords, Lord Cameron and Lord Jackson, for their amendments. I echo the comments of the noble Lords, Lord Pannick and Lord Jackson, about my noble friend Lord Ponsonby of Shulbrede. He has served his party and Government over many years, and he deserves to be recognised for the efforts that he has put in. I am pleased to endorse those sentiments from the Committee today, not least because I have shared an office with him for the past 13 months of my term in this Government. I will pass on the Hansard reference to him, so he can read the responses himself.

Foreign nationals who commit crime in the UK should be in no doubt that the law will be enforced and, where appropriate, we will pursue their deportation. The noble Lord, Lord Jackson, mentioned this in passing, but it is worth placing it on record that 5,179 foreign national offenders have been deported in the 12 months between July 2024 to July 2025—a 14% increase on the previous year.

On a personal note, I am grateful for the comments about my continuing tenure in this job. I am commencing my 15th year as a Minister, 28 years overall as either a Minister or a Shadow Minister, which is quite a long time. I have been around this block several times and I can recall, on foreign national prisoners, going to Nigeria in 2008 and negotiating a foreign national prisoner transfer with the Nigerian Government. Because this falls within the MoJ, I will update colleagues in due course about any potential new prisoner transfer agreements being developed.

Amendment 138 seeks to prevent any challenge—this is a key point from the noble Lord, Lord Pannick—to an automatic deportation decision and to prevent a deportation order being made when there is an appeal against a sentence. Amendment 203A, from the noble Lord, Lord Jackson, seeks to prevent any appeal against deportation; I will refer to the circumstances around that in a moment. Both amendments would remove any challenge to deportation and would, if nothing else, be contrary to the withdrawal agreement, which the previous Government negotiated and which requires us to provide a right of appeal against deportation for beneficiaries of the withdrawal agreement.

For other foreign national offenders, the right to appeal deportation was removed by statute in 2014 by the previous Government. Appeals can now be made against only the refusal of a human rights claim, the refusal of a protection claim or a decision to revoke a protection status. In any event, the amendments would be contrary to Article 13 of the ECHR when read with other rights. We can have a debate about the ECHR, and I am sure that we will, at the moment, the amendments would be contrary to those rights. It would also be unconstitutional and contrary to the ECHR to deny courts the ability to set aside a decision by the Secretary of State when such a decision may be manifestly wrong. This Government take citizens’ rights very seriously and we continue to work constructively with the EU to ensure that we meet our obligations under the withdrawal agreement.

Amendment 203A, from the noble Lord, Lord Jackson, would also undermine the UK’s agreement with Ireland on the deportation of Irish citizens. There is a range of legislation around that, but since 2007, public interest has been the qualifying matter. Irish citizens are exempt from automatic deportation, except in exceptional circumstances where the Secretary of State can determine that it is in the interests of the public at large. It would also undermine the protections against deportation afforded to certain Commonwealth nationals. It would set an artificial deadline for the making of a deportation order, preventing any leave being granted to a person who made a successful human rights or protection claim.

Amendment 139 seeks to extend automatic deportation to any foreign national convicted of an offence in the UK or charged with an immigration offence, without consideration of their human rights. As the noble Lords, Lord Oates and Lord Pannick, mentioned, it would remove protections for under-18s and victims of human trafficking. It would also require a court to pass a sentence of deportation to any foreign national convicted of an offence in the UK. In my view, these amendments would not be workable and would be contrary to our international obligations.

For the benefit of the noble Lord, Lord Pannick, I say again that the Government are committed to the protection of human rights and to meeting our international obligations. The Prime Minister has made clear that the United Kingdom is unequivocally committed to the ECHR, and these amendments would not prevent persons being deported from raising human rights claims with the European Court of Human Rights. They would deliver nothing except the outsourcing of deportation considerations to Strasbourg and would slow down the removal of those being deported. The amendments would also undermine our obligations to identify and support victims of trafficking, as set out in the Council of Europe Convention on Action against Trafficking in Human Beings, of which we are a signatory.

I hope that noble Lords are getting the general sense that I am not going to be in favour of the amendments. I can continue, should noble Lords wish me to do so.

Amendment

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European Court of Human Rights

Also referred to as the ECHR, the European Court of Human Rights was instituted as a place to hear Human Rights complaints from Council of Europe Member States; it consists of a number of judges equal to the number of Council of Europe seats (which currently stands at 45 at the time of writing), divided into four geographic- and gender-balanced "Sections" eac of which selects a Chamber (consisting of a President and six rotating justices), and a 17-member Grand Chamber consisting of a President, Vice-Presidents, and all Section Presidents, as well as a rotating selection of other justices from one of two balanced groups.

Council of Europe

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Founded on 5 May, 1949 by the Treaty of London, and currently seated in Strasbourg, membership is open to all European states which accept the princple of the rule of law and guarantee fundamental human rights and freedoms to their citizens. In 1950, this body created the European Convention on Human Rights, which laid out the foundation principles and basis on which the European Court of Human Rights stands.

Today, its primary activities include charters on a range of human rights, legal affairs, social cohesion policies, and focused working groups and charters on violence, democracy, and a range of other areas.

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