Lord Davies of Gower (Con)

My Lords, we all agree that our system must be fair, and that there must be opportunities for proper dialogue and challenge when decisions are made about an individual’s age. That is right, and it is in keeping with our values. However, it is equally clear, and can be argued, that the balance has shifted too far in one direction. We have seen repeated last-minute legal challenges which have little merit but which succeed in frustrating or delaying removals. These are not genuine safeguards; they are tactical devices often deployed to prolong a person’s stay and undermine the integrity of our borders. Amendment 114 seeks to restore the balance which we identified in government by reintroducing Section 57 of the Illegal Migration Act. It would ensure that factual decisions on age made by the appropriate authority could not be endlessly relitigated as a matter of opinion before the courts. Legal errors could still, rightly, be challenged, but the endless recycling of disputes over fact would no longer come at the cost of our border security. The Government would retain the power they currently have to remove those who they determine should not remain in the United Kingdom. If we are to reduce the numbers and regain control of this issue, the Government must have the flexibility to act decisively once the facts have been properly determined. That is the balance we strike here: a system that is fair but firm; that is open to genuine challenge but closed to vexatious delay. Furthermore, Amendment 115 is about ensuring that we have the tools to make accurate, authoritative determinations on the age of those who arrive here illegally. This information is not a minor detail; it shapes the protections a person is entitled to, the facilities in which they may be placed and the level of safeguarding that must be applied. To make decisions that are safe, appropriate and in the best interests of both the individual and the wider community, we must have reliable information.