Nationality and Borders Bill (Ninth sitting)

(Limited Text - Ministerial Extracts only)

Committee stage
Tuesday 26th October 2021 Public Bill Committees

That is, plainly, nonsense. The reality of clause 14 is that no such agreements will materialise. Instead, the clause will lead at best to more backlogs in a sclerotic system and at worst to very real harm to already vulnerable people, breaches of international law and a further erosion of civilised values in the UK. We reject the clause and will vote against it standing part.

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

I thank hon. Members for tabling their amendments. I have listened carefully to the arguments that they have put forward.

Amendments 18 to 26 and amendment 56 seek to amend the Bill provisions relating to the inadmissibility of asylum claimants with a connection to a safe third country. This Government are clear that people should seek asylum in the first safe country they reach rather than make dangerous journeys to the UK to claim asylum here. Inadmissibility is a longstanding process designed to prevent secondary movements across Europe, and these measures are being introduced to support that. The amendments seek to significantly weaken our ability to treat these individuals as inadmissible, and therefore weaken our ability to focus our resources on those most in need of our help. I make no apologies for prioritising the protection of the individuals most in need of help over those who could have claimed asylum elsewhere.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

Will the Minister indicate where in international law there is a requirement on an individual to make such a claim in the first safe country they reach? Or is the UK seeking to impose its domestic law on the international community?

[Tom Pursglove]

It is fair to say that the Committee had an extensive debate about this issue last week in relation to earlier clauses. I would refer the hon. Member to the comments read out in the Committee from a previous Bill Committee under the last Labour Government, where the principles we are talking about here were very firmly established and endorsed. They have underpinned the approach that has been taken on these matters under successive Governments in this country, and we continue to believe that they are applicable.

I wholeheartedly agree with the importance of the UK continuing to meet its obligations under the refugee convention, including through the rights that we provide to refugees in the UK. I understand the spirit of amendment 56 in defining a safe third state in a way that ensures that an individual removed to that country is provided with adequate protection and their individual rights as a recognised refugee under the refugee convention. However, the definition of a safe third state as set out in clause 14 already ensures that the principles of the refugee convention should be met if we are to remove an individual to that country.

[Stuart C. McDonald]

The term “the principles of the refugee convention” is vague. What do the Government mean by that?

[Tom Pursglove]

As we have repeatedly made very clear during the passage of the clauses we have already debated, our obligations are being properly upheld through the provisions of this Bill. We believe that the Bill is fully compliant, and I maintain that that remains the case. The approach is not new; it has been part of our previous legislation on safe countries. We will only ever return inadmissible claimants to countries that are safe, so I do not agree that the amendment is necessary.

[Neil Coyle]

Defining what is safe is very important. It is not adequately set out in the Bill. Does the Minister believe that Afghanistan is a safe country?

[Tom Pursglove]

I refer the hon. Member to our earlier exchanges during the passage of the clauses we debated previously. In relation to Afghanistan, as that situation has evolved, the approach that we have taken has also evolved, and quite rightly so. No one is being returned to Afghanistan at the moment. That fully reflects the in-country situation in Afghanistan, of which we are incredibly mindful, as the hon. Member and people of this country would quite rightly expect.

[Neil Coyle]

The Home Office has published updated guidance that suggests that it is open to question as to whether there continues to be a situation of international or internal armed conflict in Afghanistan, and that should indiscriminate violence be taking place, it is only in some areas and to a far lesser extent following the Taliban takeover. Therefore, the Home Office is saying that Afghanistan is becoming safer because the Taliban are now in control. Does the Minister accept that position?

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[Tom Pursglove]

I will repeat this point again: we are not returning individuals to Afghanistan at the present time. I believe that is the right decision and I believe it fully takes into account the circumstances within the country at the moment. That is an approach that Members across this House can support.

[Mr Goodwill]

Does the Minister agree that situations in different countries can change? I have a constituent who was granted asylum from Iran, but subsequently has gone on a package holiday to Turkey and visited his family in Iran. As far as he is concerned, the situation in Iran has obviously improved.

[Tom Pursglove]

It is of course the case that situations in countries change. That is why the approach we take is flexible and means that we keep under constant review the circumstances in individual countries. We then make judgments on the approach that we take in response.

[Neil Coyle]

The Government’s resettlement scheme for citizens of Afghanistan is not even open and they are paving the way for Afghanistan to be redetermined as a safe country. Based on the previous example, if an Afghan asylum seeker ever gets to come through the scheme in this country and then goes back to visit Pakistan to see relatives—probably in one of the refugee camps there—they may be deemed to be okay to go back to Afghanistan.

[Tom Pursglove]

I can only the refer the hon. Gentleman to the point that I have now made several times about Afghanistan.

[Neil Coyle]

Have you got a more convincing argument?

[Tom Pursglove]

The hon. Gentleman says from a sedentary position that it is not a convincing argument. The bottom line is that we are not removing people to Afghanistan based on the current circumstances. I think that is the right approach.

The ability to return an individual declared inadmissible to any safe country, and not just the safe third country they have a connection to, has formed a part of our inadmissibility process since the changes to our immigration rules in December 2020. In seeking to remove that ability, amendment 19 would remove a provision that Parliament has already been provided an opportunity to scrutinise.

[Stuart C. McDonald]

We all know that there is no scrutiny with these things in any real sense, but that is not a justification for the change. On what possible grounds can a connection with a country A justify removal to country B? What is the point?

[Tom Pursglove]

Again, we have had extensive debates in Committee about the approach that the Government are seeking to take on these matters. We have to stop these dangerous, unacceptable crossings of the channel. We believe that the deterrent effect is very important.

Amendments 18 and 22 to 25, taken together, seek to narrow the meaning of whether we consider an individual to have a connection to a safe third country, and therefore whether it is appropriate to consider them inadmissible. If individuals have travelled via or have connections to safe countries where it is reasonable to expect them to have claimed asylum, they should do so, rather than making dangerous and unnecessary onward journeys to the UK.

We already have in place a well-established process, should it become clear that an individual cannot be returned to a safe country or if after a reasonable period no return agreement has been possible. Where that is the case, the individual’s asylum claim will be considered in the UK. The Bill provisions will not change that. Therefore, I do not agree that amendments 20 and 21 are required.

Agreements by a safe third country to accept an asylum seeker may not always be via a reciprocal arrangement. I believe it is right to also seek returns on a case-by-case basis where appropriate.

[Neil Coyle]

Will the Minister set out how many reciprocal arrangements we have at the moment? Will there be more detail in the Bill documents about what those arrangements might be?

[Tom Pursglove]

As I have said, there are case-by-case agreements that are reached in relation to returns. The Government are ambitious about the approach we want to take through the Bill. We want to try and forge fresh returns agreements with countries. The hon. Gentleman will note that this year we reached a returns agreement with Albania. That is a positive and welcome development. I will not give a running commentary on the negotiations we might be having with countries to forge returns agreements, and he would not expect me to do that.

[Mr Goodwill]

We certainly have a returns agreement with Nigeria, where we have biometric evidence that the person concerned is indeed the person who came to the UK. I know that because I signed it myself.

[Tom Pursglove]

It is fair to say that my right hon. Friend was a proactive Immigration Minister. That was a significant achievement during his tenure.

[Neil Coyle]

While we are celebrating this one reciprocal arrangement that can be used, and having trashed the Dublin Accord and all that it provided, can I just remind the Minister that Albania provided, in the last full year we have stats, the second highest number of successful asylum claims to the UK? The Albanian Foreign Minister has described the Government’s approach to negotiations on offshoring with Albania as “fake news”.

[Tom Pursglove]

As I said, I am not going to get into a running commentary about negotiations that the Government may or may not be having with individual countries. What I would say more generally on returns arrangements is that we are seeking to negotiate readmission arrangements with key EU member states. Where we do not have broad return agreements, we will seek returns on a case-by-case basis—a long-established process that we will continue to follow.

[Mr Goodwill]

I note the point made by the hon. Member for Bermondsey and Old Southwark, but is it not the case that Albania, Montenegro, North Macedonia, Serbia and Turkey are in negotiation with the European Union, under article 49 of the 1992 Maastricht treaty? That means that they will have to meet the 1993 Copenhagen criteria on human rights, and respect for and protection of minorities. If they meet those criteria regarding accession to the EU, they must meet the criteria for returns.

[Tom Pursglove]

The simple reality is that we will not return people to countries where to do so would put them in danger, or where their rights would not be respected and upheld. That is a perfectly correct approach to take, and entirely in line with what people would expect.

[Stuart C. McDonald]

rose—

[Tom Pursglove]

I will give way, but I am very conscious that I want to make some progress.

[Stuart C. McDonald]

I absolutely accept that that is the Minister’s intention. He is not going to remove people; he is going to do all he can not to remove people to unsafe countries. The problem is: what about the next Minister responsible for immigration? As drafted, this definition of safe third state allows his successor to remove somebody to a place where they are at risk of serious human rights abuses, albeit falling short of a threat to life and liberty—it could be torture or whatever else, just as long as it is not a convention ground. I accept that the Minister is going to do the right thing, but we need a Bill that has proper constraints on the next Minister to come along, and that is not clear.

[Tom Pursglove]

The provisions, as drafted, define safe countries as states where people would not be at risk of persecution or a breach of their article 3 ECHR rights. The provisions are considered and consistent with our obligations under the refugee convention. An individual will have an opportunity to raise specific ECHR claims against removal under schedule 3 provisions.

I am confident that the measures in place are appropriate and sufficiently robust. We know it may not always be appropriate to apply inadmissibility to all claimants. Any oral or written representations from a claimant about why inadmissibility processes should not be applied in their case, including any connections they may have to the UK, will be considered ahead of any removal to a safe third country. However, if an individual has family in the UK, there are family reunion routes available. These amendments should not be used to circumnavigate those provisions. For those reasons, I do not support the suggested addition of proposed new section 80D in the Nationality, Immigration and Asylum Act 2002, under amendment 26, and I invite hon. Members not to press it to a Division.

Turning to the clause overall, an increasing number of people are risking their lives to get to the UK, using unseaworthy vessels, putting at risk not only their lives but those of the UK Border Force and rescue services. Those routes are often facilitated by criminal gangs, seeking to arrange those dangerous journeys for profit. We are determined to make the use of small boats to cross the channel an unviable option for reaching the UK. We are determined to send a clear signal that it is unacceptable for individuals to travel through multiple safe countries to then claim asylum in the UK.

To stop people risking their lives on those dangerous crossings, reduce the unsustainable pressure on the asylum system and protect those most in need, we must be clear that many of those coming to the UK by irregular means will not be admitted into our asylum system. Inadmissibility is a long-standing process, designed to prevent secondary movements across Europe, and these measures are being introduced to support that. People should claim asylum in the first safe country they reach, rather than make dangerous journeys to the UK to claim asylum here.

[Paul Blomfield (Sheffield Central) (Lab)]

What consideration has the Minister given to the impact on the system of international protection for those fleeing conflict and persecution if the entire world adopted that principle, so that the responsibility only ever fell on the countries on the frontline of conflict and persecution?

[Tom Pursglove]

I have heard the point that the hon. Gentleman has raised. I would make the point that this country has and will continue to make a significant contribution to the global effort to tackle the challenges that we face around displacement. We would argue that that must be achieved through safe and legal routes. That is the cornerstone of our policy, and I think that is the right approach. We must render these dangerous channel crossings unviable.

[Paul Blomfield]

I thank the Minister for giving way again. I want to press the issue, because it is helpful to have an answer that reflects the question. The question did not ask him to reiterate his belief, but to articulate what the Government feel would be the consequences for the international protection system if every country adopted the same approach.

[Tom Pursglove]

The point that I would make is that we need to establish a clear principle that people should come to this country through safe and legal routes. We would argue that the best and most effective contribution that we can make as part of the global effort is to establish those safe and legal routes—there are many past and current examples. We think that is the right approach; we cannot in any way support or endorse people making dangerous and unacceptable crossings.

As a result, we strongly believe that the approach that we are taking in the Bill is right and builds on our proud traditions in this country of providing sanctuary to those who require it. That gets to the heart of the hon. Gentleman’s question. It is not about this country refusing to participate in the global effort, but about establishing clear expectations around how we intend to do that. We will continue to build on the proud traditions that we have in this country.

[Neil Coyle]

I am finding the Minister’s answers increasingly disappointing. Could he come back to the specific legal question from my hon. Friend the Member for Enfield, Southgate about article 33 of the refugee convention and the principle of non-refoulement?

[Tom Pursglove]

Again, I refer back to the point that has been raised, which is that we will not return individuals to countries where they would be unsafe as a consequence. Of course we would look at cases on an individual basis and at the concerns that have been raised. If there are concerns, it is important that they are properly taken into account. I am confident that the approach we are taking addresses that issue.

We know, however, that it may not always be appropriate to apply inadmissibility to all claimants. For example, we will not apply those procedures to unaccompanied asylum-seeking children. The introduction of the clauses on inadmissibility aims to strengthen our position on inadmissibility, further disincentivise people from making those dangerous journeys, and encourage them to claim asylum in the first safe country they reach. Those who fear persecution should claim asylum in the first safe country they reach. Parliament has already had an opportunity to scrutinise the measures when they were placed in the immigration rules in December 2020.

[Stuart C. McDonald]

I just do not think that the significant legal questions that have been asked have been answered appropriately, and there are all sorts of questions about the safeguards around the description of a safe third state, so I want to press amendment 56 to a vote.

Question put, That the amendment be made.

Division 13

Ayes: 7

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Labour: 5
Scottish National Party: 2

Noes: 9

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Conservative: 9

Question put, That the clause stand part of the Bill.

Division 14

Ayes: 9

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Conservative: 9

Noes: 7

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Labour: 5
Scottish National Party: 2

Clause 14 ordered to stand part of the Bill.

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[The Chair]

Before I invite the Minister to respond, I need to clarify something. At the start of his remarks, the hon. Member for Bermondsey and Old Southwark indicated that there had been a lack of time to consider the Bill. I cannot recall whether he was a member of the Programming Sub-Committee, which I chaired, but the programme motion was agreed by its members, from both sides of the House. The motion was then put to the whole Committee at the start of the first evidence session, and was again agreed without dispute. I am sure that no criticism of the Chair was intended, but I think it is necessary to clarify that.

Let me also make it absolutely plain that this Chair, and I am sure Ms McDonagh, is at the service of the Committee, as are the Officers of the House. It may be unpalatable, inconvenient or undesirable, but if it is necessary for the Committee to sit late into the evening, or even into the night, and that is what the Committee desires, then we are at your disposal. Clearly, we have to expedite the business, and believe me that this Chair, at least, understands the difference between a filibuster and a contribution, and I will say so, but no Member on either side of the Committee should feel constrained by time. We have an important job to do, and it is vital that we do it thoroughly. I hope that is absolutely clear.

[Tom Pursglove]

Thank you for that clarification, Sir Roger. I thank hon. Members for raising these important issues. I will start by addressing amendments 36 and 37.

We all recognise that young or particularly vulnerable claimants, sufferers of trauma such as sexual violence or ill treatment on account of their sexual orientation or gender identity, and survivors of modern slavery or trafficking need to be treated with care, dignity and sensitivity. It is important that they are able to fully participate in the asylum process so that, in the case of a genuine applicant, their claim for protection can be recognised and their status settled at the earliest opportunity. That is in the best interests of the claimant and the overall functioning of the asylum system.

At the same time, we recognise that it may be harder for some people to engage in the process. That may be because of their past experiences, a lack of trust in the authorities, or because of the sensitive and personal nature of their claim. That is why clauses 16, 17 and 23 provide for good reasons why evidence might be provided late. What constitutes “good reasons” has not been defined in the Bill, as that would limit the discretion and flexibility of decision makers to take factors into account on a case-by-case basis. It would be impractical to legislate for every case type where someone may have good reasons for not previously disclosing evidence in relation to their protection claim.

Good reasons may include objective factors such as practical difficulties in obtaining evidence. That may be where the evidence was not previously available or there was a lack of availability for an expert report. Good reasons may also include subjective factors, such as a claimant’s particular vulnerabilities relating to their age, sexual orientation, gender identity or mental health. Decision makers, including the judiciary, will be better placed to identify and assess those factors on an individual and case-by-case basis.

Rather than facilitate engagement in the process, amendments 36 and 37 would exclude claimants from it. They would artificially limit the circumstances in which the evidence notice would apply, favouring certain groups above others, who may have genuinely good reasons for providing late evidence. The amendment could create a perverse outcome, whereby it takes longer for the particulars of a genuine claim to be surfaced and to receive favourable consideration. Furthermore, this would create a situation in which unscrupulous claimants could cynically abuse the process by falsely claiming to be within one of those categories. That would tie the hands of decision makers, who are able to look at the facts of a case in detail and make an appropriate decision based on the facts before them. That would perpetuate the issues that the clauses are designed to address, to the detriment of genuine claimants.

[Neil Coyle]

I did point out earlier that 23% of these applications come from children. Is the Minister suggesting that they are making bogus claims and are cynical? Those are the words he is using. I urge him to distinguish more carefully between children and adults, and would make the case again that children should be exempt, specifically because of their age.

[Tom Pursglove]

I will develop my remarks a little further. I will come back to some of the points raised in the debate, but to start with I want to get through the rationale behind our thinking on the various amendments before the Committee.

Amendment 37 also fails to fully understand the remit of clause 16. The evidence notice applies solely to evidence in support of protection and human rights claims. The new slavery and trafficking information notice, covered in clause 46, will require a person to provide any information relevant to their status as a victim of modern slavery or trafficking.

On amendment 153, the Government take their responsibility towards those seeking international protection seriously. We recognise that particularly vulnerable claimants and survivors of modern slavery need to be treated with care, dignity and sensitivity. Individuals may be particularly vulnerable as a result of their age, their health, the experiences they have lived through or a range of other factors. It is because these factors can be so wide ranging that I am resisting this amendment.

Clause 16 and the new evidence notice will require those who make a protection or human rights claim to provide evidence in support of their claim before the date specified in the evidence notice. This clause works in parallel with clauses 17 and 23. Where evidence is provided late, claimants will be required to provide reasons for that. Where there are no good reasons for the late provision of evidence, this should result in damage to the claimant’s credibility, and decision makers must have regard to the principle that little weight should be given to that evidence.

By introducing a statutory requirement to provide evidence before a specified date, clause 16 will contribute to the swift resolution of protection and human rights claims, enabling decision makers to consider all the evidence up front and, where appropriate, grant leave. However, we recognise that it may be harder for some people to engage in the process. That may be as a result of trauma they have experienced, a lack of trust in the authorities, or because of the sensitive and personal nature of their claim. That is why clause 16, together with clauses 17 and 23, allows for good reasons why evidence might be provided late. As I say, what constitutes good reasons has not been defined in the Bill. It would be impractical to legislate for every case type where someone may have good reasons for not previously disclosing evidence in relation to their protection claim.

[Stuart C. McDonald]

Nobody is arguing for an exhaustive list, but if we are all agreed that these are examples of good reasons, why not include them as a non-exhaustive list, just to make sure that these people are protected?

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[Tom Pursglove]

Of course, the situation will be set out clearly in guidance. We think that is the better approach, because it allows greater flexibility on the sorts of factors that might be relevant to the disclosure of late information, and obviously on matters that are relevant to individuals circumstances.

We tend to think that taking a less prescriptive approach than what the hon. Member is suggesting is the best way to address that, because we want to focus on individual cases and on ensuring proper consideration on a case-by-case basis, which is very difficult to capture in the circumstances being suggested here or by adopting the approach necessary to achieve that. That is why clause 16, together with clauses 17 and 23, allows for good reasons why evidence might be provided late.

As per the amendments directly commented on, rather than facilitate engagement in the process, amendment 153 would exclude claimants from it. This would have the perverse impact of some vulnerable claimants facing different evidential requirements simply because their particular vulnerability was not included in the list of exceptions. In addition, the amendment could create a situation where individuals who do not fall into one of the categories identified by the amendment were able to abuse the process by falsely claiming that they did. This would perpetuate the issues these clauses are designed to address to the detriment of genuine claimants, undermining their usefulness.

I am mindful that a number of detailed points were raised during the debate that I want to come to. The issue of deviation from the Home Office’s existing policy was raised by the hon. Member for Sheffield Central. I would not accept that depiction. I would say that the Home Office will have discretion over who is served an evidence notice and the extent to which credibility is damaged by late evidence. Where there are good reasons for late evidence, credibility will not be damaged. There is nothing automatic about this. Credibility is also not by itself determinative.

Building on that point, there are various safeguards in the clauses that mitigate a decision that could lead to removal in breach of the rights afforded by the conventions. First, claimants who raise matters late will have the opportunity to provide reasons for that lateness—and where those reasons are good, credibility will not be damaged. Decision makers will have the discretion to determine the extent to which credibility should be damaged, and that determination need not by itself be determinative of a claim, as I have already said.

The point was raised, understandably and quite rightly, about how we intend to deal with potential victims of trauma. Of course, how decision makers reach decisions is important in all this, and they should treat claims from vulnerable people in accordance with the guidance that we will set out. Extensive training will of course be put in place alongside that. Decision makers are already accustomed to ensuring that complex factors relating to trauma are properly considered.

[Neil Coyle]

How will this training operate in practice, given the points already made about how long it can take for PTSD symptoms and impact to emerge? No training on the planet can force those symptoms to emerge sooner, unless the Home Office is developing a particularly pernicious system.

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[Tom Pursglove]

I do not accept the hon. Gentleman’s latter point. I would expect there to be extensive training for decision makers on guidance when it is issued. Again, I make the point that the approach we are adopting is intended to be responsive to individual circumstances, and cases should be considered on a case-by-case basis. That is the entire approach we are taking here.

The shadow Minister, the hon. Member for Enfield, Southgate, raised the issue of refoulement, and I just want to be clear on this point. Again, individuals will not be removed if there is a risk of refoulement, and the provisions are drafted to ensure this.

On the point made by the hon. Member for Bermondsey and Old Southwark about legal aid, it is generally not available to individuals who are seeking advice or assistance with citizenship applications or on nationality matters. That is because it is not an issue within scope of the legal aid scheme—in other words, it is not an issue that Parliament has expressly provided for in statute as something for which legal aid can be provided.

For any issue where legal aid is not available, individuals can apply for exceptional case funding. The test for this is whether, without legal aid, an individual’s human rights might be breached. The only group of people who can routinely receive advice on nationality and citizenship are separated migrant children, as that is provided for in statute. We will come on to later clauses in which the legal aid provisions in this Bill, which relate to priority removal notices, will no doubt be debated as part of our consideration.

The hon. Gentleman also asked me whether a child rights impact assessment has been carried out on clauses 16 to 23. As part of our obligations under the public sector equality duty, equality impact assessments have been completed in respect of these clauses, and those assessments incorporate a consideration of the impacts on children.

[Bambos Charalambous]

Having looked at the amendments, I think amendment 153 is more substantive than my amendments 36 and 37. On the understanding that the spokesperson for the Scottish National party, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, will be pressing amendment 153 to a vote, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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Division 15

Ayes: 7

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Labour: 5
Scottish National Party: 2

Noes: 9

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Conservative: 9

[Stuart C. McDonald]

I rise to speak to amendment 27, in clause 16, page 20, line 9, leave out “requiring” and insert “requesting”.

Under this amendment, evidence notices would “request” (rather than “requiring”) the provision of supporting information for a protection or human rights claim.

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Division 16

Ayes: 9

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Conservative: 9

Noes: 7

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Labour: 5
Scottish National Party: 2

Clause 16 ordered to stand part of the Bill.

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[The Chair]

The Chair has no desire to curtail comment, particularly from the Front Benches, but we do have to remain within the scope of the matter under discussion. I am conscious that that is difficult when there are related clauses, but the hon. Gentleman has strayed into referring to clauses 20 and 23. The Chair will bear that in mind when we come to those debates; I would not expect repetition on the subject.

[Tom Pursglove]

Amendment 39 would render clause 17 inoperable. Clause 17 introduces two new behaviours into section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. That section provides that a decision maker shall take account, as damaging the claimant’s credibility, of the behaviour to which the section applies. Without the consequent amendment to section 8, which amendment 39 seeks to remove, there is no penalty for late evidence or not acting in good faith, which would make such a measure inappropriate for primary legislation and would also render it pointless.

Clause 17 is not prescriptive as to how decision makers, within both the Home Office and the judiciary, determine credibility or the claim itself. It has always been the case that decision makers must consider egregious conduct by the claimant. It is then open to the Home Office or the courts to decide the extent to which credibility should subsequently be damaged. Amendment 39 simply seeks to do away with that well established principle.

Let me build on the point about the judiciary and the point that was raised by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East. He asked, “Aren’t judges best placed to determine the credibility that evidence should have? Why be prescriptive?” The point that I will make in response is that clause 17 is not prescriptive as to how judges determine credibility or the claim itself. It adds two new behaviours to the existing section 8 of the 2004 Act. That section provides that a decision maker shall take account, as damaging the claimant’s credibility, of the behaviour to which the section applies. I think it is important to clarify this. It should be noted that clause 17 applies to all decision makers. That includes Home Office staff who make the initial decision on protection and human rights claims. Clause 17 adds new behaviours to the existing behaviours that should already be taken into account as damaging to credibility under section 8 of the 2004 Act. The concept that certain conduct should be damaging to credibility is nothing new. It has always been the case that decision makers must consider egregious conduct by the claimant. It is then open to the Home Office or the courts to decide the extent to which credibility should subsequently be damaged.

Clause 17 will also not be determinative of a claim. Decision makers will still be required to consider the claimant’s credibility in the round, as they would currently as part of their decision-making processes.

[Neil Coyle]

Clause 17 further compounds the damage potentially arising from clause 16. When answering the question about a child rights impact assessment, the Minister seemed to talk about an equality impact assessment. I wonder again whether a child rights impact assessment, as developed by his colleagues in the Department for Education for schools, would benefit the Government, to prevent them from imposing conditions that fall foul of other Government legislation—

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[The Chair]

I will allow the question.

[Tom Pursglove]

Thank you, Sir Roger. I want to pick up on a couple of other points that were raised in responding to amendment 39. I should clarify that clauses 17 and 23 do not apply to consideration of modern slavery referrals. Claims are considered holistically, and credibility is not by itself determinative of a claim. It is important to emphasise that point. The hon. Member for Enfield, Southgate raised the case of Gloria. Obviously, I am mindful of talking about individual cases because of the difficulties associated with that, as I am sure that he will appreciate, but clauses 17 and 23 do not prevent someone from providing late evidence. Late evidence will still be considered in full. Where there are good reason for lateness, a person’s credibility will not be damaged and clause 23 will not apply. I wanted to provide clarity on that point. With that, I ask that the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East withdraw amendment 39, and that the Committee agree that clause 17 stand part of the Bill.

[Stuart C. McDonald]

As a point of principle, I object to Parliament telling decision makers what to think, but having made my point I am happy to leave it there for now, and I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question put, That clause 17 stand part of the Bill.

Division 17

Ayes: 9

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Conservative: 9

Noes: 7

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Labour: 5
Scottish National Party: 2

Clause 17 ordered to stand part of the Bill.

Priority removal notices

[Tom Pursglove]

I beg to move amendment 60, in clause 18, page 22, line 26, leave out “10(1) or (2)” and insert “10”.

This amendment is consequential on clause 43 of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Government amendment 61.

Clause stand part.

[Tom Pursglove]

It is often the case that those facing removal or deportation from the UK raise late protection or human rights claims that could have been provided at an earlier juncture. That causes unnecessary delay and expense to the taxpayer. The clause strengthens the existing one-stop process by establishing a priority removal notice, or PRN, which may be issued to a person who is liable to removal or deportation from the UK. The PRN will require a person to raise any new or additional grounds for why they should remain in the UK before the date specified in the notice. That includes information relevant to whether the person is a victim of modern slavery or trafficking. Any supporting evidence must be provided at the same time. That will ensure that all claims can be considered sufficiently in advance of the person’s removal, reducing the extent to which removal can be frustrated, and allowing those in need of international protection to be identified and supported as early as possible.

Factors that may lead to a person being issued with a priority removal notice will be set out in guidance and will include, for example, where a person has previously made a protection or human rights claim. Where information or evidence is provided on or after the PRN cut-off date and without good reason, it should be damaging to the person’s credibility. Those reforms will drive efficiencies across the system, decreasing the cost of unnecessary litigation and failed removal attempts, while maintaining fairness, ensuring access to justice and upholding the rule of law.

Amendments 60 and 61 are minor amendments to reflect a change to clause 43 and to remove a superfluous paragraph in subsection (7) of the clause that has no material impact.