A Home Office minister has accused members of the House of Lords of seeking to derail the government’s Illegal Migration Bill, after the peers inflicted a series of defeats on the government on Wednesday.
The legislation is a key part of Prime Minister Rishi Sunak’s bid to deter illegal immigrants from crossing the English Channel in small boats.
Under the bill, anyone who arrives in the UK illegally will be banned from claiming asylum, and will be deported to their home country or a “safe third country” like Rwanda, and will also be banned from reentry.
The flagship legislation has already been passed by the House of Commons, but has met fierce opposition in the Lords.
Changes being demanded by the peers include modern slavery safeguards, a bar on backdating deportations, and asylum help for unaccompanied children.
Multiple Defeats
In the first defeat, peers voted by 222 to 179, majority 43, for a measure requiring the legislation to comply with the UK’s international obligations on protection of human rights, refugees, and rights of the child, as well as tackling human trafficking.It follows concerns the provisions in the bill would put the UK in breach of long-standing commitments, damaging the nation’s global standing.
Home Office minister Lord Murray of Blidworth accused peers of trying to derail the bill, branding it a “wrecking amendment” that would make it unworkable.
In a further setback, peers demanded the duty to deport those arriving by unauthorised routes not to be backdated to March 7 when the bill was introduced in the Commons, but to only come into force when the draft legislation becomes law.
The move to ditch the retrospective provision was supported by 219 votes to 177, majority 42.
Murray said the retrospective provisions is “critical,” adding, “Without it, we risk organised criminals and people smugglers seeking to exploit this, with an increase in the number of illegal arrivals ahead of the commencement of the bill.”
But independent crossbencher Lord Carlile of Berriew said, “It would set a dangerous precedent that the government could legislate retrospectively based on no more than conjecture and anecdote.”
Later, in another defeat for the government, peers backed by a large majority a cross-party demand for modern slavery safeguards, which the bill would remove.
The Lords voted by 210 to 145, majority 65, for a change that would ensure alleged victims of trafficking are not detained or deported before they can apply to a referral system for protection and support.
New Court Ruling
The government suffered a further setback on Thursday, when the Court of Appeal overturned a High Court ruling which backed the government’s plan to deport illegal immigrants to Rwanda.In a majority decision, the court said deficiencies in the Rwanda asylum system mean there is a risk asylum seekers could be returned to their home country, where they may face the risk of inhumane treatment.
Prime Minister Rishi Sunak said he “fundamentally” disagrees with the ruling and the government will seek to appeal the decision at the Supreme Court.
He said: “The policy of this government is very simple, it is this country—and your government—who should decide who comes here, not criminal gangs. And I will do whatever is necessary to make that happen.”
Home Secretary Suella Braverman said she remains “fully committed” to the policy.
The Rwandan government responded to the judgment to say it is “one of the safest countries in the world.”
