The human rights watchdog said it remains seriously concerned about the impact of the Government’s controversial migration laws on vulnerable groups such as children, pregnant women and trafficking victims.
The Equality and Human Rights Commission (EHRC) said the Illegal Migration Bill – which would see the law changed so that people who come to the UK illegally are detained and removed – risks breaching international human rights obligations.
It has already previously raised concerns around the removal of protections for victims of trafficking, restriction of the right to asylum and penalising refugees, the rights of children, broad detention provisions, and insufficient consideration of the impact on equality for different groups.
The Bill, which is back in the House of Lords on Wednesday, has already faced heavy criticism from various quarters, including some Tory MPs.
In a report this week, the Women and Equalities Committee, chaired by Conservative MP Caroline Nokes, said any intention to detain children or send them to Rwanda under the new laws should be abandoned.
The committee warned that the risks of harm to asylum-seeking children outweigh any risk of damaging the Government’s aim of deterrence through the Bill.
The Home Office’s own estimates suggest ministers could spend £169,000 on every asylum seeker forcibly removed to a third country such as Rwanda.
Nearly two in five people would need to be deterred from crossing the English Channel in small boats for the Bill to break even, the economic impact assessment published on Monday said.
Judges will hand down their ruling on the stalled Rwanda policy on Thursday as the Government battles to fulfil its promise to “stop the boats”.
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Peers will table and debate further amendments on Wednesday as the Bill is considered in the House of Lords, with the Government expected to suffer defeats during the report stage.
Careful consideration should continue to be given to the impact of the Bill on different groups with protected characteristics - including children, pregnant women, disabled people, torture survivors, and victims of trafficking
Equality and Human Rights Commission
Ahead of that, an EHRC spokesman said: “We remain seriously concerned about the potential implications of the Illegal Migration Bill on human rights and the safety of individuals.
“Careful consideration should continue to be given to the impact of the Bill on different groups with protected characteristics – including children, pregnant women, disabled people, torture survivors, and victims of trafficking.”
The watchdog repeated its call for measures to increase safe, regular routes to the UK for asylum seekers to be brought forward alongside the Bill.
The Law Society has cited similar concerns, with its president, Lubna Shuja, describing the Bill as “a defective and dangerous piece of legislation that threatens to undermine the rule of law and access to justice”, adding that it is “likely to be unworkable”.
Home Secretary Suella Braverman has urged Parliament to support her legislation, arguing that her department’s assessment “shows that doing nothing is not an option”.
“We cannot allow a system to continue which incentivises people to risk their lives and pay people smugglers to come to this country illegally, while placing an unacceptable strain on the UK taxpayer,” she said.
“I urge MPs and peers to back the Bill to stop the boats, so we can crack down on people smuggling gangs while bringing our asylum system back into balance.”
