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Illegal Migration Act 2023
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Lords committee stage fourth day. Clauses 39 and 40 agreed to. Schedule 1 agreed to. Clause 41 agreed to. (Part 2 of 2).

Lead member
Lord Hanson of Flint
Answering member
Lord Davies of Gower; Lord Cameron of Lochiel
Department
Home Office
Type
Debates on bills; Committee of the Whole House (HL)
Date
3 September 2025
Reference
848 cc858-906
House
House of Lords

Moved by

Lord Davies of Gower

106: After Clause 38, insert the following new Clause—

“Unaccompanied children and power to provide for exceptions

(1) The duty in section (Duty to make arrangements for removal)(1) does not require the Secretary of State to make arrangements for the removal of a person from the United Kingdom...

Member
Lord Davies of Gower (Conservative)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc858-9
House
House of Lords

My Lords, I will also speak to Amendments 107, 108 and 111 standing in my name. They are all linked to the amendments in the previous group and once again are aimed at understanding exactly why the Government are repealing each of these clauses.

First and foremost, Amendment 106 rightly acknowledges...

Member
Lord Davies of Gower (Conservative)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc859-861
House
House of Lords

My Lords, I know that the Government vigorously opposed the Rwanda Bill, and indeed the Prime Minister described it as a gimmick, or words to that effect. I understand that that is the Government’s position, and I do not expect them to change their mind. But the point worth making...

Member
Lord Faulks (Non-affiliated)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 c861
House
House of Lords

I am grateful to the noble Lord, Lord Davies, supported by the noble Lord, Lord Cameron

of Lochiel, for the amendment. As I have said previously, the Government are trying to ensure that we have a properly functioning immigration system. The Illegal Migration Act 2023 included provisions that, in my...

Member
Lord Hanson of Flint (Labour)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc861-3
House
House of Lords

My Lords, I am not sure that the noble Lord has explained fully why the Government are removing these sections of the Illegal Migration Act and why they oppose these amendments. The first amendment sought to protect unaccompanied children from automatic removal, while allowing for carefully defined exceptions. The second...

Member
Lord Davies of Gower (Conservative)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 c863
House
House of Lords

Moved by

Lord Cameron of Lochiel

110: After Clause 38, insert the following new Clause—

“Powers to amend Schedule (Countries and territories to which a person may be removed)

(1) The Secretary of State may by regulations amend Schedule (Countries and territories to which a person may be removed) to add a country or...

Member
Lord Cameron of Lochiel (Conservative)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc863-4
House
House of Lords

My Lords, the amendments in this group seek to understand why the Government have decided to remove key parts of the legal architecture that we say provided a robust legal framework for dealing with this issue. Amendment 110 seeks to reintroduce an essential power from the Illegal Migration Act which...

Member
Lord Cameron of Lochiel (Conservative)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc864-5
House
House of Lords

My Lords, I return to something I said in the earlier groups of amendments. The country that is at the heart of so much of this debate and previous debates is Rwanda. The noble Lord, Lord Cameron, has introduced his amendments with customary coherence but, ultimately, I do not think...

Member
Lord Alton of Liverpool (Crossbench)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc865-7
House
House of Lords

It is an honour to follow the noble Lord, Lord Alton, and his detailed introduction to Amendment 120. I will start there and then very briefly go back to Amendment 110. I will not repeat what I said earlier or what he has just said.

I have checked every single country...

Member
Baroness Brinton (Liberal Democrat)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc867-8
House
House of Lords

I am grateful to the noble Lord, Lord Cameron, for his introduction to Amendments 120 and 110, which respectively seek to retain the Schedule 1 list of countries to which a person subject to the duty to remove under the Illegal Migration Act could be removed, and the power to...

Member
Lord Hanson of Flint (Labour)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc868-9
House
House of Lords

Before the Minister sits down, I understand exactly what he said about the list, but how does a tribunal determine in an individual case whether a country is safe?

Member
Lord Faulks (Non-affiliated)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 c869
House
House of Lords

I have said to the Committee previously that that has to be examined on an individual basis. The examples that the noble Lord, Lord Alton, has given, where a country may be safe but a small region of that country or a protected characteristic of the individual may not be,...

Member
Lord Hanson of Flint (Labour)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 c869
House
House of Lords

I am sorry to pursue the point, but it seems to be quite important. Therefore, does an individual court have to make an assessment without any guidance from Parliament as to whether, for that individual, with their particular characteristics, a particular country is safe?

Member
Lord Faulks (Non-affiliated)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 c869
House
House of Lords

It is fair and reasonable for a tribunal to look at those representations accordingly. In this legislation, we are trying to remove the effective provisions which meant that the Rwanda offer was in place under legislation. As we have done through the immigration White Paper and other statements, we are...

Member
Lord Hanson of Flint (Labour)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 c869
House
House of Lords

I am very grateful to all noble Lords who have spoken in this debate. Of course, the Minister is correct that, with the prior amendment having been withdrawn, then as a matter

of technicality these amendments, if pressed, would struggle. However, I feel it is important to reiterate the general...

Member
Lord Cameron of Lochiel (Conservative)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc869-870
House
House of Lords

I am sorry to interrupt the noble Lord, but perhaps I may raise a point which he has referred to but which has not been referred to in the debate, which is “part of a country”? Is it possible to be assured that if one is returning someone to a...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 c870
House
House of Lords

I am very happy to butt in and to say that was exactly the point I wanted to make. The noble Lord referred us to subsection (1) in the amendment and the phrase “in general”. That in itself needs to be fleshed out as to what it really means. The...

Member
Lord Alton of Liverpool (Crossbench)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 c870
House
House of Lords

I am grateful to the noble Baroness and the noble Lord for their interventions. “In general” is a well-known phrase; it is used in the 2002 Act and in this subsection. If one is to imagine a Secretary of State taking a decision, it has to be a generalised decision....

Member
Lord Cameron of Lochiel (Conservative)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 cc870-1
House
House of Lords

Moved by

Lord Davies of Gower

114: After Clause 38, insert the following new Clause—

“Decisions relating to a person’s age

(1) This section applies if a relevant authority decides the age of a person (“P”) who meets the four conditions in section (Duty to make arrangements for removal) (duty to make arrangements for...

Member
Lord Davies of Gower (Conservative)
Type
Proceeding contributions
Date
3 September 2025
Reference
848 c871
House
House of Lords