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Lord German (LD)

Speaking in the House of Lords on 5 November 2025

Debate

Border Security, Asylum and Immigration Bill

Contribution

My Lords, to add to what noble Lords expect I would say, this seemingly small amendment and its consequential amendments seek to remove the words “to be presumed to have been” from Clause 48. It has enormous implications, in effect transforming a balanced legal measure into an irreversible and potentially unjust set of rules. I will not read out Article 33 of the convention on refugees, but it is quite clear that it says that the person would have “been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country”. The explanatory memorandum from the UNHCR on what a serious crime is gives examples of murder, rape, arson and armed robbery. The amendment certainly does not meet that. In short, the existing text in Clause 48 is carefully constructed to allow the courts to address serious criminality, such as sexual offences, while remaining compliant with our international obligations that require an assessment of whether the person poses a continuing danger to the community. Amendment 48 destroys this necessary balance and should be rejected.

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