Amendment 155

Part of Border Security, Asylum and Immigration Bill - Committee (5th Day) – in the House of Lords at 9:30 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 9:30, 8 September 2025

I am grateful to the noble Lord. I know that we will have a full discussion on Amendments 203F and 203G at a later date. I will take that as an hors d’oeuvre from the noble Lord, Lord Davies of Gower. It is important that he trails those issues because they are linked. I value that he has done that today. However, I will focus on the amendments before the Committee, Amendments 155 and 156, tabled by the noble Baroness, Lady Hamwee. These seek to confirm that the resources of the tribunal and legal aid practitioners are sufficient to ensure that appeals are heard fairly within the 24-week timeframe.

Clauses 46 and 47 already set out that the statutory timeframe should be adhered to unless it is not reasonably practical to do so. This enables the judiciary to take into account any relevant factors when exercising its discretion and responsibility over case management and the listing of appeals. We in the Home Office are working very closely with the Ministry of Justice to ensure that the tribunal has the resources it needs to meet the growing backlog. and we want to ensure that we deliver on that backlog as a matter of some urgency. The tribunal has been given additional funding to boost the number of days it will be sitting in 2025-26 to near maximum capacity, and we are also consulting on uplifts to immigration and asylum legal aid fees to support that capacity.

The period of 24 weeks is carefully chosen, as it balances the importance of resolving cases quickly, while the Government recognise the need for appropriate safeguards to ensure access to justice for all. To provide further reassurance to the noble Baroness, the resources of the tribunal are taken into consideration, and these provisions will not apply immediately following Royal Assent. There will be a period of implementation and operationalisation, during which the Home Office, the MoJ and the Courts & Tribunals Service will ensure the tribunals’ readiness in the coming months. I hope all that will give the noble Baroness some reassurance on those issues.

Amendment 157 in the names of the noble Lords, Lord Davies of Gower and Lord Cameron of Lochiel, seeks to place reporting requirements on the Secretary of State to publish a statement setting a date on which appeals will be heard within the 24-week framework and then further to report on the number of cases subject to Clauses 46 and 47 that have not been determined within 24 weeks. If I am honest, that would require a considerable amount of detailed work between the Home Office and the Ministry of Justice operationalising this measure, when we are committed to implementing the new framework in the shortest possible time. There is a process in place for the MoJ to collect and publish tribunal data on a quarterly basis, including the timeliness of appeals, and the amendment would, therefore, I say with respect, set unnecessary frameworks which would be limited to fixed points in time and would not assist the speedy dealing with this matter in an efficient way.

We all in this Committee wish to speed up and ensure that we deal with these matters in a speedy, timely manner. I suggest that Amendments 155, 156 and 157 would not meet the objectives set by the noble Lords who have proposed them, and I urge the noble Baroness to withdraw Amendment 155.

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