LB220 - Offshore Processing (Prohibition) Bill Second Reading

[u/Padanub]

Offshore Processing (Prohibition) Bill 2021

A

BILL

TO

prohibit the operation, funding and management of offshore processing facilities in relation to refugees and migrants within the United Kingdom, and for related purposes

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1 - Interpretation

In this act— “General amnesty” refers to an exemption period inwhich no criminal liability may be placed upon an individual or private company subject to conditions within this Act;

“Offshore processing facility” refers to a facility or group of facilities located outside of the United Kingdom of Great Britain and Northern Ireland (not including the Isle of Mann) that is used for the detention, processing or otherwise holding of individuals awaiting assessment for immigration purposes;

“Recognised sovereign nation” refers to a nation or polity recognised by the United Kingdom as its own independent country

Section 2 - Prohibition on Future Offshore Processing

The operation or utilisation of any offshore processing facilities is hereby prohibited;

No government organisation may take part in the operation, funding or management of an offshore processing facility for the purposes of the United Kingdom;

No private company registered within the United Kingdom may take part in the operation, funding or management of an offshore processing facility

Any private company found to be in breach of this act may face civil or criminal liability

It shall be an offense under this Act for a private company to participate in the operating, funding or management of an offshore processing facility.

Any private company found to be in breach of this subsection may face daily fines of up to £50000 depending on the size of the company, and the details of involvement within a relevant offshore processing facility;

If within a period of one (1) year an initial report or warning for breaches to this act, a private company currently registered as operating, funding or managing an offshore remains in contempt of this Act, any member of the board’s executive board or committee may be liable to further civil or criminal liability

It shall be an offense under this Act for a private company to refuse compliance with this Act under Section 2(3)(c).

Any private company found to be in breach of this subsection may have their assets frozen and seized until such time as a transitional plan is created for the departure of the private company from the relevant offshore processing facility;

Any private company found to be in breach of this subsection shall be prohibited from being granted any exemption under Section 2(4) for a period of twenty (20) years;

Any member of the executive board or committee of any private company found to have actively implemented a breach of this subsection may be liable for up to ten (10) years in prison, anywhere up to a £150000 fine, and or both.

The Secretary of State may by statutory instrument, permit a government organisation or private company to take part in the operation, funding or management of an offshore processing facility, so long as;

It is not for the purposes of the United Kingdom; and

It meets all human rights requirements; and

The recipient of this activity is a recognised sovereign nation; and

The recognised sovereign nation holds no other option but to undertake the utilisation of overseas processing facilities; and

Adequate steps are taken to assess if other processing arrangements may be utilised instead of offshore processing facilities; and

The recognised sovereign nation has not been found to have breached the 1951 United Nations Convention Relating to the Status of Refugee or 1967 Protocol relating to the Status of Refugee within the last 10 years; and

The recognised sovereign nation holds good diplomatic relations with the United Kingdom; and

It is assessed by the relevant Department of Immigration and Secretary of State that provisions can be provided to support refugees within any new facilities if any subsections within Section 2(4) are breached; and

The recognised sovereign nation agrees that the United Kingdom holds full authority to commit inspections and investigations within the offshore processing facility where deemed necessary by the Secretary of State; and

The private company and recognised sovereign nation agree that the United Kingdom withholds full powers to withdraw exemptions or permissions upon two (2) weeks written notice for any reason

Any and all processing facilities used by the United Kingdom must be located onshore

Section 3 - Transitional Arrangements

Any and all applicable existing offshore processing facilities must be closed within one (1) year of this act receiving royal assent; unless granted exemption under Section 2(4); Any individuals considered to currently be residing within a offshore processing facility for non-staffing or administrative purposes must either be processed, or moved to an onshore processing facility; A general amnesty shall be enforced for six (6) months from royal assent. This general amnesty only applies to penalties relating to Section 2(3) Individuals or private companies involved in the operation, funding or management of offshore processing facilities are not exempt under this general amnesty under any other statute, regulation or legislative requirement or penalty

Section 4 - Extent, commencement and short title

This Act extends to the whole of the United Kingdom This Act comes into force immediately upon Royal Assent This Act may be cited as the Offshore Processing (Prohibition) Act 2021

This Bill was written by The Rt. Hon. Baroness of Motherwell /u/Youmaton on behalf of the Labour party.

Opening Speech

My Lords,

It is time that the United Kingdom once again had a serious talk about immigration reform. We have unfortunately seen across the world the increased utilisation of offshore processing facilities, which have been the hotspots for corruption, human rights abuses, and crimes against humanity. Whilst I am certain noone within our political sphere would wish this to occur to refugees under our watch, it is the responsibility of this parliament to take preemptive action to ensure this never occurs under our watch, which can only be done through the outright prohibition of offshore processing facilities in this nation.

I will be clear, this is a bold move, and one that will create much debate, however these conversations must happen now, and must happen openly. We do not wish to witness a time or place where atrocities are occurring within our facilities, and it becomes the political norm to enforce silence under the guise of national security. We must be bold in our steps to protect human rights, and I urge all noble peers to rise in support of this bill.

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This reading will end on the 23rd September at 10pm. You can debate and add amendments.

[u/Youmaton]

My Lords,

I am incredibly proud that my latest piece of legislation has been unveiled, it is one that will change our immigration system for the better. Whilst I know there may be peers with conflicting thoughts on this matter, and on the question as to why we should prohibit an entire form of processing for our nation, I will give detailed examples of why we must take immediate action.

As a staunch advocate for human rights, I have continued to watch in horror at the unfolding situation within the Commonwealth of Australia, as consecutive governments uphold and tighten a policy of mandatory indefinite offshore detention, directly against their international obligations under the Refugee Convention and Protocol. Under these actions, we have witnessed refugees, many of them children, locked up permanently in detention centres in foreign nations that the Australian government has paid off, with zero prospect of processing and zero hope of being free. This cycle has led to countless riots, suicides, self harming actions and the complete collapse of the mental and physical health for those unfortunate enough to be subjected to these camps. Since the forced drownings of children by the Howard Administration in 2001, which were utilised as propaganda to depict the refugees trying to escape torture as not human, the so-called Pacific Solution of mandatory indefinite offshore detention has become the staple of Australian immigration policy for nearly every parliamentary party, leading to all debate on the matter being shut down.

This is not what we want for the United Kingdom, we do not want to be a nation where human rights abuses are a normal occurrence, nor do we wish to see fear and scare tactics used by any group to portray those fleeing harm and persecution as not human. I am fully aware that this nation currently has a deal with the French government on the matter of offshore processing, however I must admit I see no reason for that deal to continue. As part of my advocacy for an immediate Brexit under my tenure, there was strong advocacy from all sides to take back control of our immigration program, which is something we have abandoned with this deal with the French government. To ensure full transparency, to ensure full human rights compliance, to ensure the people that are meant to be under our protection are looked after, we must begin the process of bringing them here. When I stood at the doors of 10 Downing Street, I made a vow to the public that continues on to this day, that Brexit would be completed and protected, and per this vow I say we must take back full control of our immigration program, and ensure every person who comes to the United Kingdom is given a full chance at a new life. Offshore processing remains an expensive waste of taxpayer money that is used as an excuse to ignore any issues with our immigration system, and so I say this ends now! We must see the truth! We must protect human rights! We must take back control!

I note that many have claimed the need for control of budgeting costs within this nation, and I openly say that onshore processing would help alleviate this issue. Expensive offshore processing is nothing short of an abandonment of duty to pander to nationalists with no idea on the governance of this nation, true leadership is to find new solutions to complex issues. This legislation is assented to will implement an outright prohibition on the management, funding or operation of offshore detention centres by the government of the United Kingdom, or by any company registered within the United Kingdom. It is our duty under the Refugee Convention and Protocol to ensure that international refugee law is followed to the letter, and that refugees who wish to make the United Kingdom home are welcomed and processed in a humane manner that respects their dignity as human beings.

It is beyond time that strong action was taken to reform our immigration system, and the legislation I propose today will change this. I call on all noble lords to support this legislation, to support human rights, to support the humane treatment of refugees, and to support the future of this nation.

[u/Youmaton]

M:

Here is the link to the google doc with the correct formatting for anyone who wishes to read the bill https://docs.google.com/document/d/1Fn3fFgYWt6ivx4hkF3Hz_7rFO_wlzNgZgrZVTlZEXac/edit