Lords division · 26 Apr 2022 · No. 4

Nationality and Borders Bill

The Lord Bishop of Manchester moved Motion F1, as an amendment to Motion F, at end to insert “and do propose Amendment 53H in lieu—53H Page 88, line 11, leave out paragraphs 1 and 2 and insert—“1 In section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending), after subsection (2) insert—“(2A) This section does not prevent a person being removed to, or being required to leave to go to, a third State, where all of the following conditions are met—(a) the removal is pursuant to a formal, legally binding and public readmission or transfer agreement between the United Kingdom and the third State;(b) the criteria for removal are public, transparent and non-discriminatory;(c) the State is a safe State, as shown by reliable, objective and up-to-date information, in that there are, in law and practice—(i) appropriate reception arrangements for asylum-seekers;(ii) sufficiency of protection against persecution, threats to physical safety, violations offundamental rights, and other serious harms;(iii) respect for human rights in accordance with international standards;(iv) protection against refoulement;(v) fair and efficient State asylum procedures, with sufficient capacity to process asylum claims fairlyand in a timely manner;(vi) the legal right to remain during the State asylum procedure; and(vii) if found to be in need of international protection, a grant of refugee status that is inclusive of the rights and obligations set out at Articles 2 to 34 of the Refugee Convention;(d) the person will have access to such fair and efficient asylum procedures, or to a previously afforded refugee status or other protective status that is inclusive of the rights and obligations set out at Articles 2 to 34 of the Refugee Convention;(e) it has been determined following an individualised assessment in which the person has an effective right to participate that it is reasonable for the person to go to that State in light of their individual circumstances, including—(i) their ties to the United Kingdom;(ii) their vulnerabilities and specific needs, including but not limited to their sexual or gender identity and any history of modern slavery, torture, or gender-based violence;(iii) the prospects of their long-term integration into the receiving State; and(iv) any reasons that the State may not be safe for them; and(f) the person is not a national of that State.(2B) The Secretary of State must in each year lay a report before both Houses of Parliament which includes—(a) the number of people who have been removed to a third State while their asylum claim is pending;(b) the cost of removal per person.””” The House divided:

The Not Contents have it

Majority 5

Contents: 216 Not Contents: 221

At a glance The Not Contents won by a margin of 5 votes. The Government's position was Not Content, and it won.

How the parties voted

Contents

Labour	100
Liberal Democrat	70
Crossbench	33
Non-affiliated	8
Green Party	2
Bishops	2
Plaid Cymru	1

Not Contents

Conservative	188
Non-affiliated	15
Crossbench	10
Democratic Unionist Party	4
Ulster Unionist Party	2
Reform UK	1
Lord Speaker	1

The party breakdowns are our own analysis of the official voting records (recorded votes only; they do not describe the formal whip). How we work this out.

Peers attend divisions ad hoc, so there is no did-not-vote list. Tellers are counted in the Content and Not Content totals, unlike in the Commons.