RAMP Associates Speak at the Report Stage of the Border Security, Asylum and Immigration Bill

The Border Security, Asylum and Immigration Bill is currently at the Report Stage in the House of Lords, with RAMP Associates engaging in the debate.

Baroness Lister

During the second day of the Report Stage, Baroness Lister introduced Amendment 57, which was also sponsored by fellow RAMP Associate, the Bishop of Chelmsford.

The amendment would require the Home Office to treat asylum seekers who claim to be under 18 as children unless two trained officers independently determine that the person is clearly over 21, with written justification .It would also limit the use of technology in age assessments and require the Home Office to report to Parliament each year on how these assessments are carried out and how errors are being prevented.

In her speech, Baroness Lister noted the safeguarding risks when asylum-seeking children are incorrectly assessed as adults based on brief visual judgments and placed in accommodation with adults. 

She highlighted the concern expressed by the Children’s Commissioner, Ofsted, the British Association of Social Workers and the Home Affairs Select Committee about flawed assessments and the Home Office’s lack of learning from overturned decisions. 

She called on the Minister of State for the Home Office, Lord Hanson,  to respond to the recommendation made by the Chief Inspector of Borders and Immigration in his recent inspection report to collaborate more closely with external stakeholders including NGO's and establish a taskforce to improve policies and practices and help implement the recommendations in his report.

In response, Lord Hanson confirmed that the Government had accepted all eight of the Chief Inspector’s recommendations, including plans to work with local authorities, social workers, and other key stakeholders on age assessments. Following further questions from Baroness Lister, he clarified that voluntary organisations (NGOs) are recognised as key stakeholders and that meetings with them have already taken place. He added that the Minister for Border Security and Asylum, Alex Norris, will oversee the implementation of this engagement.

Fellow RAMP Associate Lord German also supported the amendment, warning that mistakes in age assessments can have serious consequences, such as children being detained or prosecuted as adults. He said that as the Immigration Bill introduces tougher penalties, accurate assessments are more important than ever. He called for more reliable assessment methods, less reliance on untested technology, and closer cooperation between the Government, local authorities, social workers, and experts to make the process fair and safe for all young people.

Lord German

Lord German spoke in support of Amendments 29, 69, and 79B, which aim to give stronger protection to victims of modern slavery, trafficking, and labour exploitation.

Amendment 29 would remove a rule in the Illegal Migration Act 2024 that requires people to be deported if they are thought to have used modern slavery protections “in bad faith.” Lord German said this could unfairly punish genuine victims who were forced into crime by traffickers and could lead to them being sent back into danger.

Amendment 69 would stop public authorities from sharing information about a suspected victim’s immigration status with enforcement agencies, while Amendment 79B would make sure that victims or witnesses of exploitation can report abuse without fear of their information being used for immigration enforcement. Lord German said these changes would help protect victims and encourage them to come forward.

He also opposed Amendments 29A and 31A, that would remove protections for trafficking victims who entered the UK irregularly, urging the Government to keep strong safeguards in place and ensure immigration rules do not put victims at further risk.

In response, Lord Hanson said the Government remains committed to tackling modern slavery and believes that existing laws, including the Modern Slavery Act and the National Referral Mechanism, already provide the necessary protection. He defended keeping Section 29 of the Illegal Migration Act to allow flexibility for future reforms and argued that limiting data sharing with immigration authorities could make it harder to support victims and protect borders. He added that the Government is reviewing the NRM and plans to improve worker protections through the upcoming Employment Rights Bill.

Lord Hanson- The Minister of State for the Home Office

Furthermore, Lord German and Baroness Lister both supported Amendment 33, which would require the Lord Chancellor to make sure people held in immigration detention can get legal aid within 48 hours of being detained.

Baroness Lister said that during her visit to Harmondsworth Immigration Removal Centre, she saw serious problems with how detainees access legal advice, calling it a widespread issue that needs urgent action.

Lord German said there is a major shortage of legal help for immigration detainees and that quick access to lawyers is vital to ensure fairness, prevent people from being detained unlawfully, and protect their basic rights. He added that this amendment would provide legal support in a way that is both fair and efficient.