The Secretary of State for the Home Department (Shabana Mahmood)

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I beg to move, That the Bill be now read a Second time.

Two years ago, when this Government took office, we inherited an asylum system in chaos. The Conservative Government had ceded control of our borders to criminal gangs and, as a result, between January 2021 and June 2024, 110,000 people arrived here by small boat, while a further 175,000 claimed asylum by other routes. As numbers soared, so did the cost to the taxpayer. In just a single year, spending on asylum support was £4.7 billion, including £9 million spent daily on housing people in 400 asylum hotels.

In the last two years, this Government have begun the work of restoring order to our borders. That starts by taking the fight to the criminal gangs. In the last year, arrests of people smugglers were up 55%. Since taking office, we have disrupted organised immigration crime on 3,700 occasions—up by 46%. In partnership with French law enforcement, we have stopped 46,000 attempted channel crossings. We are now taking that partnership further with a new deal signed in April. This will fund increased patrols and intelligence operations, with a 53% increase in personnel on the French coast. The deal is already bearing fruit. In May, nearly two thirds of attempted small boat crossings were thwarted.

Meanwhile, we have rebuilt a shattered asylum system. Decision making ground to a halt under the last Government; now, decisions are at a 24-year high. As a result, removals are now at their highest level in nearly a decade—up 41% on the same period prior to our taking office. We have now deported and removed nearly 10,000 foreign criminals. That is 36% more than the last Government achieved.

We are also beginning to lighten the burden on local communities. This Government committed to ending the use of asylum hotels within this Parliament. Two years in, we have already emptied one in five, reducing the hotel population by 29% and cutting asylum costs by £1 billion.

Shabana Mahmood

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I thank my hon. Friend for what he said. He is absolutely right: we need to reduce the pressure in local communities as much as possible. He knows that dispersal accommodation has been part of the asylum accommodation estate for many years, including under the previous Government. Of course, the best way to reduce the need for asylum accommodation—the use of large sites, dispersal accommodation and other sites—is to reduce the inflow of people coming to the country on small boats in the channel. Once we get to grips with those numbers, we will see the biggest decrease in asylum accommodation, no matter what form it takes, and that is the work that this Government are taking forward.

Shabana Mahmood

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Oh, the right hon. Gentleman tempts me with some attractive bait, but I will resist the temptation! I am sure that once the events of 20 July have taken place, all these matters shall become clearer still.

This Government have taken some considerable steps forward, but we must do more: around 94,000 people remain in asylum accommodation at a total cost of £3.7 billion per year; while asylum claims fell by 12% last year, they remain close to historic highs; and with the criminal gangs still at work, people continue to die in the channel, with over 100 deaths since the start of 2024, including women and young children.

Shabana Mahmood

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My hon. Friend is absolutely right. It is really shocking that we no longer seem to give huge amounts of attention to the deaths that still occur in the channel; in fact, they barely make the news. Most people do not realise that so many still lose their lives when crossing on small boats in the channel. That is why there is a moral responsibility on all of us to think about how we deal with the particular challenge of small boats crossing the channel, how we play our part as a Government committed to our humanitarian responsibilities, and how we ensure that we finish off this trade once and for all. The only people who really benefit from this trade, and from the huge risks that people place themselves under, are the criminal gangs themselves. That money is going into the pockets of hardened criminals who would harm us in other ways, and we have got to put a stop to it.

This country has always provided sanctuary to those fleeing war and persecution, and I am proud of that fact, but we must accept that public consent for our asylum system is fraying, and unless we restore control, we will lose the British public’s support entirely. My goal as Home Secretary is to rebuild the public’s confidence, and thereby ensure that we can continue providing protection to those in need today and for generations to come. To do so, I believe we must restore fairness to our asylum system—fairness both to those who are fleeing war and persecution, and towards those communities already here who bear the burden of support.

Shabana Mahmood

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Indefinite leave to remain, and the Government’s proposals on earned settlement, will be settled policy later this year when the Government respond to the earned settlement consultation, in which we have said that we are consulting on transitional arrangements. Those will be settled later this year, but as the hon. Gentleman knows, that is not the subject of the Bill.

Shabana Mahmood

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I remind my hon. Friend that, as he knows, we have paused family reunification, and the Government have said that we will bring forward further proposals for our approach to that. We need to ensure that we have more parity of treatment between those who are ultimately recognised as refugees and other migrants who come to this country—and indeed British citizens who may marry from abroad but are subject to different rules that do not apply to their refugee counterparts. I think there is a need to bring some coherence to the family reunification system, and to ensure that we have an approach that is fair to all the sorts of people who make claims for family reunification. That is not the subject of the Bill, but it is something on which the Government will soon bring forward additional policy proposals.

There is nothing fair about a system that is based on uncontrolled, unsafe and illegal routes into this country. The only people it serves are the people smugglers. Instead, a fair asylum system must be grounded in controlled, safe and legal asylum. For that reason, in the last few weeks I announced new routes for genuine refugees to build a new life here. These capped, safe and legal routes will soon allow communities, universities and businesses to sponsor refugees. The approach means that those in need of protection arrive with the consent of communities, and with the financial support of their sponsor and not the taxpayer. It is an approach to asylum that promotes integration within, and contribution to, this country.

Shabana Mahmood

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My hon. Friend is absolutely right. When people arrive through controlled, safe routes, when we have made a decision to allow people to enter, and when we are in control and not the people-smuggling gangs, the inherent openness, tolerance and generosity of the British people is unlocked. People are willing to welcome those who are in need and who come to this country at our invitation and through a system that has broad public support. Those are the principles that will underpin this Government’s approach to the asylum system.

Shabana Mahmood

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My hon. Friend is absolutely right—yes, they can and they do. That is the difference with a safe and legal route that has buy-in from communities across the country, and that is the basis on which we will build a system for the future.

Shabana Mahmood

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We have set out our proposals to open up a student refugee scheme and a community sponsorship scheme that will go live later in autumn this year, with the first arrivals coming in the autumn of the following year. Numbers on those schemes will grow. We will also make it possible for businesses to sponsor refugees to come to this country and provide them with work opportunities. I think that is the right way forward. It means that we will be able to accommodate different cohorts of refugees, where we believe we are able to offer a fresh start for people, and to make the best of the contribution that they are able to make to the country. I look forward to getting those routes open, and to welcoming the first arrivals.

In Canada, local communities have long sponsored refugees, and 70% of those sponsored refugees have found work within a year. Here the story is very different. In the first year after being granted asylum, just a quarter of refugees are in work. That leaves them unable to contribute and build a life here, relying instead on the support of British taxpayers. This autumn we will begin to take applications for our new community sponsored and study routes. The first refugees will arrive in autumn 2027, and while numbers will start relatively small, it is my intention that they grow in scale as we restore order to our asylum system by reducing the numbers arriving by unsafe, illegal routes. The Bill is focused on how we reduce the numbers arriving unsafely and illegally in this country, and on reducing the burden placed on local communities.

Shabana Mahmood

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I have already answered the point about proposals around indefinite leave to remain; I remind the right hon. and learned Lady, and the House, that it has been settled Government policy to increase the qualifying period from five years to 10 years since last summer—since before I was Home Secretary. In our earned settlement consultation, we have set out a series of proposals that we are consulting on. We are seeking views on the appropriate transitional arrangements that should be applied to that cohort. That is not what we are debating today, but if there is one thing I am sure of, it is that those arrangements will be the subject of intense debate in the weeks and months to come.

Shabana Mahmood

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As the right hon. Gentleman well knows, the Bill is specifically about the changes we are making to our asylum system, to human rights laws, and to the approach that the Government want to take to asylum appeals. This is not a Bill about indefinite leave to remain. When we have settled policy later this year, those changes will be subject to the usual procedure for changes to immigration rules, which always take place with the scrutiny of this House.

Shabana Mahmood

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I will give way to the right hon. Lady, but I will make progress after that.

Shabana Mahmood

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I say to the right hon. Lady, for whom I have the greatest respect, that it is not as if I am about to forget my own background, so I do not really need other people to remind me of my own history or background in my own country. We are talking about people smugglers, and about men, women and children—these days, primarily young men—getting on small boats in the channel and crossing into this country. They are not arriving in a safe and legal way. They are not migrants in the usual sense.

We wish to pivot to a system in which this country will live up to its responsibilities to help those in need across the world and fulfil our international obligations by taking people through safe and legal routes. We will be able to increase the numbers that we take on those routes, and that will be subject to debate in this Parliament. We will ensure that we are playing our full part, but in a controlled way that does not put tens of thousands of pounds per person in the hands of people smugglers. The right hon. Lady knows that that is the trade we are trying to break. We have been going after the gangmasters, and now we must make legal changes to change the calculus of those who seek to get on a boat in the north of France.

The Bill focuses on how we reduce the numbers arriving unsafely and illegally in this country and on reducing the burden placed on local communities. It is designed to be fair to genuine refugees and fair to British citizens. It will ensure that asylum claims are fair and fast, with legitimate claimants not stuck in limbo, and ensure the swift removal of those with no right to be here. It will ensure that human rights protections remain robust where they must be, but are also tightened where necessary to eradicate the abuse that has crept into our system. Finally, the measures in the Bill ensure that we support those in their hour of need while making it clear that, although this may be a right, it comes with responsibilities. When the recipients of public support are in a position to contribute to their costs, they should do so.

With those goals in mind, I will take the House through the detail of the Bill. It begins with measures to make asylum decisions fast and fair. Today, the backlog in appeals hearings is a major barrier to this. Although the Government have slashed the backlog in initial decisions, the vast majority of failed asylum seekers lodge an appeal. There are now more than 150,000 people waiting for an appeal decision, with average wait times of well over a year. We must be honest about the nature of the appeals queue.

Shabana Mahmood

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Well, I disagree with my hon. Friend, the Bar Council and other groups on this matter. In fact, I will shortly set out the many tribunals in which people make decisions of great import every single day without being required to be legally qualified professionals before they do so.

We must be honest about the nature of the appeals queue. Some are genuine appeals, but others have been made simply to delay a legitimate removal from this country. By placing themselves last in the long queue for a hearing, people delay the date of their removal, continue to receive taxpayer support and use the time to accrue rights that could strengthen their appeal. The best way to prevent this gaming of the system is to speed up decision making while ensuring that claims are heard fully and fairly.

Shabana Mahmood

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I will in a moment. I will make a little more progress—I think I have been rather generous.

As many here will know, appeals are currently heard by judges in the first-tier tribunal immigration and asylum chamber. This model, which relies on judicial availability, simply does not have the capacity to meet the scale of demand, nor does it have the flexibility to respond to sudden surges in cases. Part 1 of the Bill will therefore establish a new independent immigration appeals authority, staffed by independent adjudicators, not judges. That will allow us to recruit from a far wider pool of candidates and therefore respond more rapidly to increasing and changing demand.

To those who say that such decisions can be taken only by a judge, I need point only to the complex and weighty decisions taken each and every day by those without law degrees, such as magistrates, parole board members, ombudsmen, planning inspectors and many others. A person does not have to be a judge to have good judgment.

Shabana Mahmood

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As my hon. and learned Friend will know, 50% of a 150,000 backlog is still 75,000 cases. He will also know that the multiple appeals made to delay and frustrate legitimate removal from the country are a real problem in the system. That is why our proposals include a single appeal route. With the new authority, we are seeking to change the totality of the behaviours that are designed to frustrate lawful, legitimate removal from this country.

Shabana Mahmood

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I will make more progress and I will come back to the right hon. Lady.

As anyone who knows these tribunals can attest, most immigration and asylum appeals turn on the facts. That requires careful, impartial and well-trained decision makers. Our adjudicators will be paid professionals who are trained to make robust, defensible decisions. Where specific legal expertise is required, we will have on hand a smaller cohort of legally trained adjudicators, who must have been a barrister or solicitor or have similar legal experience. Decisions taken in the new authority will be appealable to the upper tribunal, which will continue to sit before a judge. As today, the appeals will be only on a point of law; they will not be an opportunity to rehear full cases.

Shabana Mahmood

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As the right hon. Lady will see, the authority will be fully independent, and the impartiality of this new authority is vital. As clause 1 makes clear, its decisions will be entirely independent of Government, with every Minister of the Crown compelled to uphold the independence of the authority. As is often the case with establishing a new body, the first chief executive and chief appeals officer will be appointed by the Home Secretary, but appointments thereafter will be made by the chair of the authority, as set out in clause 2. These will be made on merit and on the basis of fair and open competition.

The authority’s operations and performance will also be subject to external scrutiny, and it will be placed under the remit of the independent chief inspector of borders and immigration.

Shabana Mahmood

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I will give way to my hon. Friend who has not asked a question yet.

Shabana Mahmood

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All such appointments will be subject to the usual public appointments principles, which will apply here as they do elsewhere. I am happy to discuss with Members, as the Bill passes through the House, whether there are any additional safeguards—

Shabana Mahmood

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I have given way to my hon. Friend before; I will make progress and come back to him.

In the new system, a single, faster appeal route will be established, as addressed in clauses 11 and 12. Today, too many claimants make multiple claims at different stages of the process, including at the last possible moment, often to thwart their legitimate removal from this country. To give just one illustrative and eye-opening example, one case involved a convicted rapist who was due to be sent home after serving eight years in jail. Despite not challenging his deportation at first, he went on to make a series of late claims, including a judicial review on the eve of being removed from this country. Although we eventually managed to remove him, it took more than four years to get this criminal out of the country. For that reason, alongside the new authority, we will create a single appeal route. That will require claimants to raise all relevant matters up front.

Where late claims are raised, particularly in the run-up to removal, they will be dealt with through an expedited process. That means that genuine issues will still be considered, but tactical claims can no longer be used to frustrate a removal. As is already the case, claimants may access advice and legal representation, with legal aid available to those who are eligible. That advice and support are vital to ensure that appeals progress fairly, without delay or disruption.

In clause 21, in part 3 of the Bill, we are introducing further measures to ensure that decision making is fast and fair. Today, there are two separate types of protection: refugee status and humanitarian protection. Both carry near-identical entitlements and eligibility for settlement. That creates near-duplicate claims and unnecessary complexity, which slows down our asylum system. The Bill therefore replaces those two forms of protection with one form—the core protection model. That means that each claim will be assessed once, with one outcome. A right of appeal will be available only to those refused protection, not those who wish to seek protection under a different status. That is a clearer, simple process that will make no difference to those lodging genuine claims, but will cut inefficiency in the system and ensure that those with genuine appeals get a faster, fairer decision.

An effective asylum system is one in which claims are heard fast and fairly. Those who have a legitimate claim receive the protection they need, while those who do not are removed from this country, without turning the bureaucracy against us. That is what the measures in this Bill seek to achieve.

Shabana Mahmood

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I will give way to my hon. Friend the Member for Bradford East (Imran Hussain), if he still wants to come in. [Interruption.] No? I will give way to my hon. Friend the Member for Edinburgh East and Musselburgh (Chris Murray) then.

Shabana Mahmood

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I think my hon. Friend means mandatory reconsideration in the context of a case when an appeal is made.

Shabana Mahmood

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To reassure my hon. Friend, before a case proceeds to appeal, we already have an internal process whereby we check whether we should still defend the claim at appeal stage. If the facts have changed or if there are issues with the original decision, we remove cases from the list of those proceeding to an appeal under the current system. We are doing something similar already. I do not want to create additional bureaucracy and ever-more complication, but that is part of the Home Office’s current process. We have removed cases from the appeals backlog where we know that they should be granted.

Shabana Mahmood

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Actually, I think we need to focus our efforts in a number of areas. We need to ensure that we are improving the quality and speed of initial decisions, and we have been doing that. However, as my hon. Friend will know and as I have just set out, people make multiple claims, often at the last minute. I raised the example of a foreign national offender who it took us four years to remove from the country after he had served a sentence. That is because he kept putting in appeal after appeal after appeal after appeal. These reforms are designed to deal with that problem.

I am sure my hon. Friend will agree that we need to be able to look at the system in its totality, so we should absolutely look at the quality of initial decisions, but there is no silver bullet here. There is nothing that says, “As long as you fix that one thing, you are not going to have a problem anywhere else.” There will still be claims that are rightly refused both at the initial stage and at appeal stage, and it is imperative that we can remove people from this country as quickly as possible when they have no right to be here.

It is vital that we provide protection to those who are truly in need. Following the devastation of the second world war, this country led the world in promoting human rights to ensure that we learned from the horrors of the past. This Government will always be committed to that internationalist ideal and to the robust human rights laws that underpin it. However, we are also realists, so we admit where noble intentions have been misused and abused. Today, too often, we see well-meaning laws used not to defend a human right, but as a way to frustrate the removal of someone with no right to be in this country, including failed asylum seekers, visa abusers and even foreign criminals.

The British people have a natural sense of fairness. They believe that those who require protection should receive it, but no one should be able to abuse that protection. The abuse of human rights law does not just erode the public’s support for our immigration system; it erodes their support for the very idea of having such laws at all. For those who believe that these laws matter, it is essential that we reform them to end their abuse.

Clauses 17 to 20 reform the domestic application of article 8 of the European convention on human rights—the right to a family and private life. Article 8 is undoubtedly a vital protection, but it is a qualified right. That means that the rights of individuals must be weighed against the public interest. Over time, the balance between an individual’s family rights and the rights of the wider community has shifted. Without a clear definition from Parliament of how that balance should be struck, the interpretation of article 8 in our domestic courts has expanded beyond the original convention and what Strasbourg case law requires.

To understand how far the balance has shifted, consider just one example. In 2025, an Albanian man jailed for growing cannabis escaped deportation not because he had any right to be here, but because it was deemed unduly harsh on his partner to deport him. She was not his wife or life partner—instead, this relationship began only after a deportation order had been served. Why was the deportation deemed to be unduly harsh? The partner spoke no Albanian and had never visited the country before. While that is just one example, the expansion of article 8 is clear throughout the system. More than half of those who stayed in the UK for family reasons last year did not meet our own rules, relying instead on their article 8 rights, and 71% of those who stay in the UK because of article 8 rights arrived here illegally or overstayed their visa.

The Bill addresses both the definition of family life and the public interest test. Clause 19 tightly defines the public interest. It clarifies that judges must consider the economic impact on the taxpayer of allowing people to remain in the UK, including whether they are able to support their family, and that no weight should be given to an article 8 claim when someone is here illegally.

Clause 20 strengthens the public interest test so that foreign criminals can be removed more easily. It states that the more serious the offending, the greater the public interest in removing them from this country. It also specifically addresses those facing deportation who may be appealing on article 8 grounds. The Bill makes it clear that a deportation should go ahead outside of a limited number of truly exceptional circumstances, as set out in clause 20.

On the subject of deporting foreign criminals, the Government intend to table an amendment to the Bill in response to the widely reported case of the vile grooming gang leader Shabir Ahmed. Our amendment will provide the Home Secretary with a new power to disapply section 7 of the Immigration Act 1971 for serious criminals. That section provides protections for long-term UK residents, but it clearly should not act as a bar to removal in cases such as that of Shabir Ahmed. The threshold for the power will be tied to the power to deprive citizenship, which applies only in cases of exceptional severity. It is important to note that that does not guarantee his removal from this country, as the Conservatives know all too well from their own experience. The Foreign Secretary and I will continue to work on all avenues to pursue a deportation. I know that the thoughts of everyone here are with the victims and survivors of this vile criminal.

Let me return to the Bill as drafted and our reforms to the definition of family life in domestic law. Clause 18 tightens the definition of family life. For immigration purposes, a “family” will now normally mean relationships in the immediate family unit. That means a spouse or partner, a parent or a child under the age of 18, apart from in truly exceptional circumstances, such as an incapacitated adult who lives with and is entirely dependent on their sibling.

Clause 19 makes it clear that judges must consider when article 8 rights were established and, in particular, whether that happened after someone entered this country illegally or overstayed their visa. In clause 17, we clarify whose article 8 rights should be considered. This makes it clear that for someone overseas to come to the UK on article 8 grounds, a family life claim must be made by a UK-based sponsor, and cannot be made by family members overseas. That is because our obligations under the ECHR are, rightly, to those who are living in the UK.

In clause 19, as part of our reforms to article 8, we set out where it is unreasonable to expect a child to leave the UK when a member of their family is being removed. Specifically, it is if the child will not receive an education in the other country or will not be able to integrate into that country, or where relocation would have a very significant and long-lasting adverse effect on them. This brings us in line with case law in the European Court. We also set out the limited circumstances in which it may be reasonable to remove a parent where they do not have a genuine and subsisting relationship with the child. In doing so, we once again bring UK law in line with existing Strasbourg case law.

We do so with legitimate cause. As the interpretation of article 8 has widened, we have seen shocking examples of the abuse of parental relationships, including a paedophile who was allowed to stay in this country because his deportation to Pakistan was, under article 8, considered “unduly harsh” on his children. That was despite the fact that his contact with those very same children is restricted by law, in order to protect them from their father. The Home Office appealed the case and eventually won, but only after a lengthy legal battle necessitated by the lack of a clear definition in the law. This Bill rectifies that situation.

Shabana Mahmood

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I have been far too generous, Madam Deputy Speaker. I will plough on, but my hon. Friend is absolutely right: the way to make sure that the interpretation of international human rights law is in line with what the general public would expect and with the original intention of the drafters is to work with our international colleagues—not to rip up human rights law and give up on it, but to make sure it is fit for purpose.

Just as article 8 has been exploited by those facing legitimate removal from our country, so has our modern slavery system. Human trafficking is an abhorrent crime, and we will always provide the support victims need, especially vulnerable children. For that reason, the Bill strengthens a number of those protections, especially by placing child trafficking guardians on a statutory footing and making sure that modern slavery decisions about children are devolved to local authorities, so that those closest to the child—those best placed to make decisions about the support they need—make those decisions properly. We are also strengthening slavery and trafficking prevention and risk orders, ensuring that law enforcement can restrict offenders’ movements and work. Clauses 44 to 49 raise the standards for businesses and public bodies. They must report on their actions to identify and tackle abuse in their supply chains, or face potential fines of up to £1 million.

However, we know that we must also address the growing misuse and abuse of those protections. In 2025, modern slavery claims by arrivals on small boats reached an all-time high. Over half now relate to alleged exploitation overseas, rather than here in the United Kingdom, and claims are increasingly being used to frustrate legitimate removals from this country. Last year, over a third of charter flight returns failed to go ahead because of a modern slavery referral lodged at the last minute. Foreign criminals have seen the opportunity—in recent years, last-minute claims have been made by a convicted rapist, a gangster jailed for possession of a firearm, and an attempted murderer. In every case, those claims successfully delayed their removal from this country.

For that reason, part 5 of the Bill introduces measures to address abuse in the system. In particular, we make it clear that anyone who poses a threat to public order or national security will not receive modern slavery protection and support. This includes any foreign national who has received a custodial sentence, including if that sentence was suspended. In clause 36, we make clear that delayed disclosures have a damaging effect on a person’s credibility unless there are good reasons. By doing so, we further reduce the incentive to make claims as late as possible.

Shabana Mahmood

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I will not, because Madam Deputy Speaker wishes me to wind up quickly.

In clause 37, we close another significant loophole. As it stands, those whose claims turn out to be unfounded can continue to receive taxpayer-funded support for a 30-day recovery period. The Bill will ensure that we stop providing protection for those who we know do not need it.

This Government are committed to the protections provided by human rights law, but those protections must be applied fairly. That means ensuring that they are always given to those who are truly in need, and it means ending the abuse that runs contrary to their spirit and intention. The measures in the Bill are realistic and proportionate, and are designed to protect those who are genuinely deserving while bearing down on abuse that erodes public support for the very existence of such protections.

A fair asylum system is one in which claims are heard fast and fairly, and where protections are upheld for those who need them, but not for those who seek to abuse them. It is one in which we provide support, but expect that those who are in a position to contribute do so. Every day, we ask our constituents to bear the burden of funding our asylum system. As that asylum system has spiralled out of control, the weight on their shoulders has grown. That is not fair, and it was also never foreseen; the original drafters of the refugee convention could never have imagined that the British people would spend billions each year on asylum support. To continue their legacy—providing protection to those in need while retaining public support—we need to adapt to our new reality. We need a fair way of addressing the challenges of the world as it is.

To that end, part 4 of the Bill creates a new contributory principle within our asylum regime. It does so through clause 23, by introducing a power that requires those who have received taxpayer-funded support to pay back a portion when they can. This measure reflects a principle that most people would recognise as fair: once you are able to contribute, you should.

Refugees have immediate access to the labour market and housing, and many go on to work, build successful lives and contribute enormously to our society. Payments under our new system will be proportionate and made over time; no one will be asked to contribute more than they can afford, but payments will not be optional for those who can make them, and those who have received support but have been removed from the country will not be able to return until their debt is repaid. There are some to whom this will not apply, including children and anyone who came to this country via a safe and legal route. Clause 23 of the Bill introduces this new power; however, the precise design of the payment programme will be set out in draft regulations, which I will share with the House during the Bill’s passage through Parliament. There will be ample opportunity for full parliamentary scrutiny of these changes.

That brings me to the end of the Bill. It must be read in the light of the inheritance that this Government received—borders out of control, an asylum system in crisis, and a burden placed on the British people that was simply too great. This country has long provided support to those fleeing war and persecution, and proudly so, but the chaos that the Conservative party left behind has eroded public trust in our asylum system. This Government have already done much to restore order at our borders, but there is more to do. That is the goal of this Bill: to ensure that decisions and appeals are fast and fair; to provide protection to genuine refugees; to offer protections under human rights laws for those who are in genuine need, while closing loopholes that have too often been abused; and to ensure that the generosity of the British people is not forgotten, and that people can contribute when they are in a position to do so. This is a Bill that will provide fairness for genuine refugees, but also fairness for local communities, thereby making sure that we secure our asylum system for generations to come.

The Minister for Border Security and Asylum (Alex Norris)

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You are not alone in that assessment, Madam Deputy Speaker—you are not alone!

It is a privilege to close this debate. Today the House is going through the collective trauma of the loss—the murder—of one of our former Members, Ann Widdecombe. During the Home Secretary statement earlier, colleagues from across the House spoke about the forthright way in which Ann Widdecombe put her views, never fearing to tell people that they were wrong, but always listening and keen to engage. The debate we have had today has been in that very best tradition of this House; I have agreed with lots of what colleagues have said, and disagreed with lots, too. I hope to cover as much of it as possible.

It is important to recognise where this Government started from. Two years ago, we inherited a total lack of control and order at our borders; an asylum system in which criminal gangs, not the Government, decided who came into the country; hundreds of hotels being used to house vast numbers of people at enormous cost to the public; and decision making that had quite simply ground to a halt. We have changed that reality. The system that we inherited worked for neither the collective, nor the refugees who wanted protection. It was a reality that has had to change; it is a journey that we are on.

We have made significant progress. Asylum decision making is up, costs are down, and we are on track to close all asylum hotels in this Parliament. We are seeing a reduction in demand for asylum, getting us much closer to more usual levels for this country. However, we have a long way to go in order to win back the trust of the British public, which is why this Bill is needed.

Alex Norris

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Houses in multiple occupation have always been a part of providing refuge for people with mental health issues, people fleeing domestic abuse and those in many other circumstances. Use of them can be right. We want to find the right balance and ensure, through our policy of full dispersal, that the burden is shared more equitably. Fundamentally, we want to reduce demand—that is at the heart of the debate.

The Bill does five things, and I will try to group the points made by hon. Members around those five things. On the independent immigration appeals authority, we heard lots from the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), from my hon. Friends the Members for Hammersmith and Chiswick (Andy Slaughter), for Bassetlaw (Jo White), for Nottingham East (Nadia Whittome) and for Clapham and Brixton Hill (Bell Ribeiro-Addy), from my hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan), and from the hon. Members for Westmorland and Lonsdale (Tim Farron) and for Dwyfor Meirionnydd (Liz Saville Roberts).

I want to recognise the important work that judges do in the system. They work hard and have been creative to provide more capacity, and I am grateful to them for doing so. Nevertheless, I want to be clear with the House that simply trying to sweat the existing model will not give us the capacity that we need to have a functioning appeals system. That is why we are making these changes.

I cannot accept that the lack of legal training in itself is a weakness in this model. As my right hon. Friend the Home Secretary has said, we see it, for instance, in the magistrates system. We also know that other countries, such as Canada and New Zealand, have lay adjudication as well.

Colleagues have made important points about the independence of the appeals body and the potential blurring of lines with the Executive. We have no desire whatsoever to do that. I think that what is on the face of the Bill shows that separation clearly, but we will nevertheless work with colleagues throughout the passage of the Bill to give them the confidence that, as I say, we have no desire to blur those lines.

On the impact assessment, a lot of the uncertainty relates to the fact that we are not setting an arbitrary timeline by which the new system must be fully operational. We have to have security that the system will stand up properly, including with a period of double running. That is why there is a degree of uncertainty. Nevertheless, we need the greater capacity that the system will give us.

On the European convention on human rights, again, we have heard important contributions from colleagues across the House, including my hon. Friends the Members for Great Grimsby and Cleethorpes (Melanie Onn), for Sunderland Central (Lewis Atkinson), for Montgomeryshire and Glyndŵr (Steve Witherden) and for Walthamstow (Ms Creasy), the right hon. and learned Member for Fareham and Waterlooville (Suella Braverman), the right hon. Member for Islington North (Jeremy Corbyn), and the hon. Members for South Leicestershire (Alberto Costa) and for Broxbourne (Lewis Cocking).

On this point, we have a contrast. We have the empty calories offered by the Opposition in their reasoned amendment, with the idea that all our issues could be solved by leaving international agreements—which would, in fact, make all of us weaker. These rights, both domestic and international, are for all of us. In lieu of serious answers, the Opposition try to offer us three-word solutions, but that will not work in this case. They talk about this in the context of returns, but returns need two things: yes, an individual must be barrier-free legally, but there must also be a place for that individual to return to. Having negotiated returns agreements around the world, I say gently to colleagues that resiling from very important international agreements would weaken the process, rather than strengthen it.

What I will say to those on the Government Benches, but perhaps not to those on the Opposition Benches, is that we must ensure that we do not defend a broken status quo, although I am happy to say that I did not hear much of that in the debate. We must recognise that it is not unreasonable to seek to align those agreements a little better, particularly when they are being applied more broadly domestically than in Strasbourg case law. I think that is an entirely reasonable thing to do.

We have heard from my right hon. Friend the Home Secretary about the ways in which some people have sought to game the process. We should close the loopholes so that we maintain can public confidence and consent for the ECHR.

Alex Norris

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I am afraid not.

My hon. Friend the Member for Walthamstow mentioned core protection. It is right that we simplify the protection status in this country and put into statute what we put into the immigration rules in the spring. I say to those who are concerned about the 30-month status that I have been clear from this Dispatch Box and in other forums that we do not want people to stay on core protection for long periods of time. If they switch to a protected work and study route, it will take them out of the 30-month renewal, as will coming via safe and legal means.

Let me turn to asylum support. Important contributions were made by the hon. Members for Cheltenham (Max Wilkinson), for Perth and Kinross-shire (Pete Wishart) and for Brighton Pavilion (Siân Berry), and by my hon. Friends the Members for Edinburgh East and Musselburgh (Chris Murray), for North Warwickshire and Bedworth (Rachel Taylor) and for North Northumberland (David Smith). In principle, it is reasonable to recognise that support for asylum seekers is a unique thing and that it comes from a significant multibillion-pound contribution made by British taxpayers. It is right, and perfectly in line with the refugee convention and our international obligations, that we ask for a contribution towards that.

I cannot recognise or agree with the concerns around destitution. We have been very clear that this is about when people have the means to earn. We do not want to choke off someone’s life that they are building in Britain, and we certainly would not want to push people into poverty. I have heard from colleagues, particularly Labour Members, that they want to see greater detail. My right hon. Friend the Home Secretary made the commitment in her opening speech that we will publish that regime as this legislation goes through, so that colleagues will know exactly what we are seeking to put into practice.

On modern slavery, lots of colleagues talked about their own personal records in this space, and I say to them: well, me too. I have been doing this for nine years in this place; I have always used my platform to push for better protections against slavery.

Some colleagues—including the right hon. Members for Staffordshire Moorlands (Dame Karen Bradley) and for Stone, Great Wyrley and Penkridge (Sir Gavin Williamson), my hon. Friend the Member for Worcester (Tom Collins), and my right hon. Friend the Member for Hayes and Harlington (John McDonnell)—asked, “Why is this in here?” First, it is an opportunity to strengthen the regime. I have spoken about transparency in supply chains and section 54 for all my years in this place. This provision strengthens that, and it recognises that there are ways in which the system is being used in interaction with the immigration system.

On the late disclosures, I accept that not everybody’s recovery from slavery will allow them to immediately disclose that they have been a slave—they may not even recognise it themselves or have overcome their trauma. We are saying that when that is used at the very, very last minute—as it has multiple hundred times in the last hours before removal—the court ought to take into consideration whether that is really being declared in good faith or not. That will still be a rebuttable proposition, but I think that is right.

Similarly on the public order disqualification, I urge colleagues to look at what is in the Bill. It is totally reasonable for the Government of the day to say that the interaction of slavery protections should not trump considerations of national security. If people do seek to do terror and are convicted of terror offences, then of course that must be taken into account.

Alex Norris

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I am really sorry, but I cannot.

On Shabir Ahmed, my hon. Friends the Members for Oldham West, Chadderton and Royton (Jim McMahon) and for Rochdale (Paul Waugh) made really important points. They heard me say it last Monday, and they will hear me say it again: from the Government’s point of view, all options are on the table. We believe that this legislation provides a really good vehicle to tackle this challenge, alongside working on removals too. I will be very keen to continue to engage with hon. and right hon. Members on this, but I am glad, as I think everyone in this debate has been, that we have the opportunity to move forward on this shared priority.

On safe and legal means, my hon. Friends the Members for Falkirk (Euan Stainbank), for Great Grimsby and Cleethorpes, for Oldham West, Chadderton and Royton and for Bury St Edmunds and Stowmarket (Dr Prinsley) talked about what British people will do if given schemes that are ordered and controlled, and I totally agree. I have seen it in my own community with the schemes on Ukraine, Hong Kong British nationals overseas, Afghanistan and Syria. What British people will not accept is a lack of order and control. That is what is at the heart of this Bill and the Government’s approach. We have the chance to pivot from that broken model to a fixed model that works within our values and keeps public confidence too.

My hon. Friend the Member for Walthamstow talked about the overseas domestic worker visa. I would encourage her, if she has not already, to talk to my hon. Friend the Member for Birmingham Yardley (Jess Phillips). She will know that we are reviewing it at the moment, but if she thinks the Bill is a good vehicle for pushing the points that she makes very well, I would agree.

Finally, on contracts, I agree with what my hon. Friend the Member for Edinburgh East and Musselburgh said—that is why we are going to reform them. With that, I commend the Bill to the House.

Question put, That the amendment be made.

The Minister of State, Home Department (Anna Turley)

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Q Thank you both for coming to give evidence to us today. You both emphasise the importance of evidence and evaluation. Can you give us some idea of what metrics you think we should use to judge whether our reforms have been successful?

Dr Sumption: Obviously, there are several different goals of the Bill, and the metric used would depend on that. For the deterrence stuff that we have just been discussing, small boat arrivals and asylum applications are the most relevant ones. Some things that cannot be tracked now—at least, not in the published data—could potentially be tracked in future.

For example, we actually have remarkably few statistics on human rights grants, including how many people are granted and what happens to refusals over time, or how many refusals are overturned in court. All those things could be tracked, but the data does not currently exist. My understanding is that it does not exist internally either, because the impact assessment used a sample of around 3,000 cases, rather than just using full statistics for many of them. I think there is probably some statistical work that could be done to try to track the impacts of the human rights measures a bit more.

Also, the data on returns could be linked to the data on what happens to people before that return. For example, one of the potentially very important outcomes that the impact assessment looks at is how many people are refused as a result of the changes, but never actually removed from the country. I think most people would qualify that as an undesirable outcome in the sense that you have people who are still in the UK. and there may be costs associated with them. If they are destitute, the local authority will have to support them, and it increases the unauthorised population. Using the current statistics, we would never know to what extent that is happening, but in theory it would be possible to track all that stuff using the data.

The other major metric on the impact of the changes to the appeals system would be how the backlog changes over time. Of course, you can then look at the numbers of onward appeals to the extent that that becomes a problem, which I am sure other witnesses here will discuss. It is about having data on people’s journeys through the asylum system and appeals system. How long does it take? What are the metrics on the accuracy of the decisions? How many decisions are overturned? I think all those would be important metrics.

Anna Turley

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Q I was asking for your view on potential metrics we could use in future, after the Bill has been implemented, to measure whether it has successfully achieved its aims.

Alp Mehmet: I suppose the principal metric will be the extent to which it has sped up how long it actually takes to deal with someone who arrives, claims asylum, goes through the system and then has a decision made. It will also be the extent to which, having made that decision, appropriate action can then be taken—that is, the person is either removed or permitted to stay.

It is going to take a couple of years, which is another problem I find with the Bill. Here we are again, proposing fresh measures, and however welcome or not they are, the fact is that it will be three years down the road before we know what their impact is. I do not think that matches the urgency the problem requires. If it does indeed discourage people from coming and from making repeat appeals, one after the other, I think that is a metric that can also be used to determine whether or not what was intended is being achieved, but it is going to be at least a couple of years, if not longer, before we know.

Anna Turley

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Q I would like to focus on the measures in the Bill—you made some reference to the ones on modern slavery. Could you expand on how those provisions might make it harder for individuals who have fictitious claims to stop themselves being removed?

Tony Smith: The Bill is really about the asylum process, rather than law enforcement. I think the Bill last year was more about the law enforcement; this is about the asylum process. There are some good things in here. As I say, I applaud the article 8 reforms, because article 8 is often used as a lever quite late in the process. After someone has been here for quite a while and has been through the process, you suddenly get an article 8 claim because they have developed a connection in the UK. So I think that that reform is right and will help to reduce the pull factor.

I like the idea of the tighter protection arrangements—the 30 months at a time. My only counsel against that is that the Home Office, in my experience, tends to automatically grant and grant and grant, because it is a lot easier than refusing, and that might just become an automatic turnover of grants for however long you allow people to stay.

I think you ought to look at who is going home. If people go back to their own country on holiday when they have a claim for refugee status, we can establish that. We have the passenger information and can cross-match that to their asylum records. If people go back to their own country once they have been given some kind of protection status here, they should not be allowed back in, because they are clearly not in fear of persecution.

The faster appeals process is absolutely essential. The problem with the appeals process is that it went over to the Ministry of Justice years ago, when the Home Office and MOJ were split up. The MOJ does not seem to have been really bothered about it—it has other things on its plate. The backlog is over a year now, so you have to try and get a grip of that. I do not know how you get that in the Home Office and how you persuade them, but I think it is a good idea. You really have to get that end-to-end process going right.

I like the idea of recouping public funds from people, a bit like in the student loan scheme. If people have come here and been a draw on public funds, and they then get into the workplace, why would you not claw back some of that money into the public purse?

I think that all those things might reduce pull factors. They are really good reforms. I am not saying they are not good measures; what I am saying is that, in my opinion, they are not good enough to stop the boats.

Anna Turley

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Q Could you say a little more about the article 8 provisions and how you think they might affect strung-out appeals and deterrence?

Guy Dampier: On the strung-out appeals, the new immigration appeal authority is supposed to help tackle that. The difficulty there, which will touch on article 8, is that potentially the people being used will not be fully legally trained as adjudicators. There are examples of countries that have such a system, including Denmark, Canada and, I think, Norway, but all those have relatively high bars for people to become adjudicators—and in a lot of cases, I think that they end up being lawyers anyway.

The Australians had a similar system. I believe that they cancelled it precisely because the paperwork was being done so badly that they had to redo things or the wrong decisions were being made. Although bad decisions are being made now, the new authority could potentially lead to worse decisions, depending on the quality of the people who come in. We cannot know that quality, but at the moment the lack of qualifications in the legislation is a potential danger.

On article 8, we are seeing restrictions and a narrowing down of things, which is good and will reduce the number of people able to use it. But that will apply only to a minority of cases—even when we are dealing with people who have come here illegally. The majority of people claiming under article 8 now will not be affected. I believe that the Home Office estimates that something like 50% of those who will be refused if this legislation passes will remain in the country illegally; obviously, that is something of a problem.

Anna Turley

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Q Thank you for joining us this afternoon. You mentioned in your earlier answer that there are not sufficient routes to claim asylum, but a lot of the people who come here, particularly on small boats, have come through another safe country. I think your organisation has said that individuals bypassing safe routes is a secondary issue. How do you think that that enables us to support a fair, rules-based international framework?

Angela Afzal: Sorry; I did not catch the second part of your question.

Anna Turley

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Do you think it is fair for people to be able to circumvent an international rules-based framework by going through a safe country already before coming to claim asylum in the UK, or do you think that should have no effect at all on their asylum claim here?

Angela Afzal: We have to acknowledge that the majority of refugees claim asylum and receive protection in countries neighbouring where they had to flee. Secondly, we need to acknowledge that the UK is about 14th in the ranking of EU-plus countries in how many asylum applications we have per capita—we are quite far down the list.

The nature of our geography means that people need to be able to cross the channel in some way to reach the UK for protection. At the moment, there are not significant safe routes for people to get to the UK; we are talking about hundreds of them at the moment. In the absence of safe routes for people to get here, people who arrive here and have their claims processed should be granted the full entitlement to refugee status, so that the UK plays its part according to the obligations of the UN refugee convention.

Ideally, we would want people to have the opportunity to travel here on a safe route from the region of displacement, so that they would not have to make the dangerous journeys to Europe in the first place. As things are at the moment, there is little alternative.

Anna Turley

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Q Thank you both for joining us. I want to refer back to the example you gave of the online case that you joined by mistake, where something had got to a judge that was a result of poor decision making. Does that not make the case for the IIAA, in that it was a waste of a judge’s time to have gone through that process? Having a quicker appeals process would have enabled that to be seen quickly and dealt with much more effectively. Building on that point, we have seen a 21% increase in the amount of investment and judges dealing with tribunal appeals, yet the rate of appeals and the waiting time are still going up. Surely, you must admit that there is an issue with the backlog, the time it takes and the small pool of people we have to draw from.

Jacqui McKenzie: I think I might have confused the point. There are two separate things. The point I was making about the man from Iraq was about the lack of representation. That lack of representation, and people coming unprepared to do their appeals, causes judges’ time and the entire tribunal’s time to be wasted. That goes out of the system and it comes back in. The poor decision making is a separate thing. I do not know whether the refusal of that man, which brought him into the appellate system, was a good decision or not. We did not get round to that bit, but we see considerable poor decision making.

I work quite a lot with the Windrush community. We keep seeing in the news, “They’re waiting for the Windrush generation to die.” I do not think that is true at all—I do not think the Home Office is that sinister—but we are seeing very straightforward cases taking two or three years to come to conclusion. The whole reason for that is the poor decision making. You get cases where the first decision is a zero, and then it goes up to six figures after two or three reviews. We are dealing with an elderly cohort, and these reviews go on for years and retraumatise the victims.

I see the same sort of thing across my practice: poor decision making on a number of things, including human rights applications and asylum claims. I do not know how, unless things are improved in the first instance, we will reduce the backlog in either the existing tribunal system or the new appellate authority.

Professor Singer: Just to clarify, that is bad quality initial Home Office decision making, as opposed to adjudicator decisions.

Jacqui McKenzie: Home Office decisions, yes, absolutely.

Anna Turley

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Q My point was, would it not be better to go to an intermediate tier, rather than take up the time of the courts? That is where we are seeing the backlog—the delay—because of the lack of available judges we have—

Jacqui McKenzie: We have that; we have a review mechanism. The Home Office is meant to review; once you load something up on the tribunal portal, the Home Office is meant to review the decision. That is why we are getting costs in these cases, which is almost unheard of. I have been doing this work as a lawyer for 18 years—it is two years for training—and I have never seen anything like it. We are getting costs in these cases because of the poor decision making at the Home Office, even when there is a built-in review mechanism. A formal part of the process is that things go back to the Home Office for it to review.

Professor Singer: I would add that if the problem this new mechanism is seeking to address is the lack of sufficient capacity among decision makers, the way that that could be most expediently addressed is simply by expanding the eligibility criteria for the existing tribunal system, to increase the pool of decision makers, rather than by having to staff an entirely new body, which the impact assessment itself says would be incredibly challenging.

Anna Turley

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Q That was the question I wanted to ask: will this have the intended effect? Where businesses are not complying with transparency in supply chains, do you think the financial penalty will encourage greater compliance?

Dr Buttle: I think it will, but the other thing to note is that there has not been very much enforcement by the Home Office of the Modern Slavery Act in the past. In addition to the penalties, we need some enforcement by a body; we would consider that in future that may not be the Home Office, and that the Department for Business, Innovation, Science and Trade might be a better place to enforce this. If there is no enforcement, companies may still consider not complying with the regulations.

Anna Turley

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Q Could you say a little more about where you think the IIAA will have an impact on improving public confidence in the appeals process?

Stephen Webb: The problem with the immigration tribunals at the moment is that the reporting on judgments, in some cases, has been pretty shocking. The judiciary have not helped themselves in the way that most first-tier judgments are not routinely available. The only time you really hear about them is when they go up on appeal and are quite often turned down. The point about the famous chicken nuggets case is that it was not actually upheld on appeal. It was turned down, but it gave people a taste of the sort of things that might be happening in the tribunals. Obviously, there are recorded cases of tribunal judges coming from quite an activist background, which again seems very odd—I think the public would not expect that.

From that point of view, there is an opportunity to reset and to have clear rules about impartiality. There is also considerable scope to speed things up, which will definitely be helpful. Certainly, a lot of cases are lost because of the time it takes to get to a hearing, so people can build a case. Maybe they will get involved, rightly or wrongly, genuinely or not, in making a political case. Maybe they will create it. They might start developing religious reasons or, indeed, article 8 reasons related to relationships formed in the country. The quicker a decision is made, the more likely it is that it will be rapidly upheld at that first stage. Those are all positives. It is going to be a big process to find these people—identifying them, training them and getting them ready—but in principle, I think it is a good idea.