Nationality and Borders Bill

(Limited Text - Ministerial Extracts only)

Consideration of Lords message
Tuesday 26th April 2022 Commons Chamber

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

I beg to move, That this House disagrees with Lords amendment 5D.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to consider:

Lords amendments 6D, 6E and 6F, and Government motion to disagree.

Lords amendments 7F and 7G, and Government motion to disagree.

[Tom Pursglove]

I hope that this will be the final time in these proceedings around the Nationality and Borders Bill. I will first turn to compliance with the refugee convention. All measures in this Bill are compatible with our obligations under international law. We therefore cannot accept this amendment, which would put our duty to comply with the refugee convention on the face of the Bill.

[Jacob Young (Redcar) (Con)]

Does the Minister agree that the amendments on the Order Paper are very similar to the amendments that we debated only a few days ago? Will he therefore join me in saying to the other place that this elected House was given a mandate in the 2019 general election, as we were in the 2016 EU referendum, to take back control of our borders, and that it should allow this Bill to pass so that we do not have to continue this ping-pong?

[Tom Pursglove]

My hon. Friend is absolutely right. The time has now come to get on, to pass this Bill and to make the changes that we so desperately need to shift the dynamic, to end these dangerous channel crossings and to put together an asylum system that is fit for the future and able to cope with the demand.

[Christian Matheson (City of Chester) (Lab)]

I do not want to detain the House too long but, with all this talk of taking back control of our borders, why are we outsourcing that control to Rwanda?

[Tom Pursglove]

The hon. Gentleman’s remarks are effectively a charter for doing nothing. What is unacceptable is for people to continue putting their life in the hands of evil criminal gangs whose only regard is for turning a profit—they do not care whether people get here safely. We have a moral responsibility to stop this, and we have a moral responsibility to act, which is precisely what we will do through this Bill.

[Sir John Hayes (South Holland and The Deepings) (Con)]

Will my hon. Friend accept my congratulations on the Patel-Pursglove plan vis-à-vis Rwanda? And will he ensure that, when people arrive here, they are on a plane as quickly as possible before some dodgy activist or fat-cat human rights lawyer can get their hands on them?

[Tom Pursglove]

My right hon. Friend the Home Secretary should rightly take a lot of credit for getting this new world-leading partnership over the line. My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) has been a passionate advocate for this approach, and I am pleased we are delivering it. I think it will make a genuine difference in acting as a deterrent and ensuring that we have global solutions to a global challenge.

In that sense, I welcome the steps that have been taken in the last few days. I hope my right hon. Friend will be reassured to know that we are working hard to make sure this is operationalised without delay and that, of course, people are on flights as quickly as possible. What we do not want at any stage—this goes back to why we need fundamental reform of the asylum system—is delay in the system. We want people to have certainty either way.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

I warmly join my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) in congratulating the Home Secretary and the Minister on this fantastic legislation. On the amendments we are disagreeing with, does the Minister agree that this is part of a wider package, with offshoring, push-backs and deterring people by saying there will be differential treatment, that will be brought together? It is sad that the Labour party is happy to accept the status quo, allow people to risk their life, or die in the English channel, and put money in the hands of smuggling gangs.

[Tom Pursglove]

I am afraid that we often hear long and convoluted explanations of why we should just accept the status quo, why we should do nothing and why all the interventions are wrong. We hear no credible alternative for putting right the problems in the system. Reform is required and is overdue. That is why we are determined to get on with delivering it.

[Paul Blomfield (Sheffield Central) (Lab)]

The Minister will recognise that, when we last debated the Bill, the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), pointed out that one alternative for dealing with the asylum backlog is investing in the current system.

The central premise of this Bill is that, as an alternative to irregular routes, there should be safe and legal routes. Aside from the specific programmes for Ukraine, Afghanistan and Hong Kong, will the Minister spell out clearly to the House what legal routes are available to asylum seekers?

[Tom Pursglove]

I will not repeat the many, many occasions on which I have set out on the Floor of the House and in Committee during the Bill’s passage the many and varied safe and legal routes that exist. My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, has rightly touched on the need to reform the casework situation, which is precisely what we are doing through the new plan for immigration. I encourage him to be in the right Lobby this evening to help us get on with delivering on that priority, which is one priority among a number as we reform the system.

It is simply unnecessary, inappropriate and unconstitutional for the courts to have a duty to make declarations of incompatibility in circumstances where questions of compliance have already been determined by Parliament, so we cannot accept Lords amendment 5D.

On differentiation, Lords amendments 6D to 6F would make it harder to differentiate by placing significant evidential burdens on the Secretary of State. They would also set out our existing legal obligations on the face of the Bill, such as our duties under the refugee convention and the European convention on human rights, especially the article 8 right to family life. All of this is either unnecessary or unacceptable. We therefore do not accept these amendments.

Finally, the arguments on the right to work have been well rehearsed at several points in the passage of the Bill. In principle, we are concerned about the way in which this would undercut the points-based system, which we believe is the right system for facilitating lawful migration into our country—that skills-based approach, exactly as the British people voted for in the referendum in 2016. I go back to this point: our objective is to speed up caseworking, which then, of itself, ensures that we do not need to go down the route—

[Mr Peter Bone (Wellingborough) (Con)]

Does the excellent Minister know the majorities the other place had for sending these amendments back to us? Given the large built-in anti-Government majority in the Lords, it seems to me that they must have been quite large.

[Tom Pursglove]

My hon. Friend probes me on this with good reason. Off the top of my head, I believe that one of them was won by one vote, one was won by eight votes and one was won by 25 votes. So they are not particularly hefty majorities. The time has come to get on and pass this Bill. This Government’s new plan for immigration will tackle illegal migration and reform the asylum system.

[Alison Thewliss (Glasgow Central) (SNP)]

The Minister was talking about delays in casework, but those are nothing new. My seven years as an MP have been marked with delays in Home Office casework. Some constituents have been waiting now for two years—not for a decision, but for an interview. Can he explain exactly when they will get interviewed under this system because I have seen no difference at all?

[Tom Pursglove]

I refer the hon. Lady to the new plan for immigration and the steps we have consistently set out that we will be taking to improve the situation on caseworking. It is imperative that we do that, for two reasons.

[Alison Thewliss]

Seven years!

[Tom Pursglove]

The hon. Lady can shout from a sedentary position, but perhaps she will listen to the answer, which is that we believe not only that it is very important that those who require sanctuary get it as quickly as possible, but that it is right that those with no right to be here are removed as soon as possible and without needless delay. That is why we are reforming the broken system. We have a Home Secretary and a ministerial team who are committed to doing just that. Again, I encourage the hon. Lady to be in the Division Lobby to support our measures tonight.

The Bill is an essential element of the plan, and the sooner it passes, the sooner we will be able to deliver the longer-term solutions we need to protect vulnerable people. I note again the lack of alternative being offered from other parts of the House. I therefore commend our Bill to the House.

[Stephen Kinnock (Aberavon) (Lab)]

Last week, the Home Secretary told the House that our asylum system is “broken”. Yesterday, her Minister, who is sitting before us today, again stated clearly that our asylum system is “broken”. We on the Labour Benches completely agree, but what Conservative Members seem to continually miss is the fact that the Conservative party has been in power for 12 years. The problem is that they never stand up and take responsibility; they always try to blame others—the civil service, the courts and even the media. It was revealed this week that the Home Secretary banned the Financial Times, The Guardian and the Mirror from the press delegation accompanying her to Rwanda. That was a truly Orwellian move—cancel culture at its worst.

The truth is that, with every decision this Government make and every ill-conceived scheme they put in place, they make fixing our broken asylum system ever harder. The first of these failures is on the asylum waiting lists. Under this Home Secretary, the Home Office is processing 50% fewer cases than five years ago—the result: 37,000 asylum seekers languishing in expensive hotels, costing the taxpayer an eye-watering £4.7 million per day. Labour would invest to save by increasing the number of caseworkers and decision makers so that processing times and hotel bills are radically reduced. [Interruption.]

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[Stephen Kinnock]

My hon. Friend is absolutely right. As we know, the Australia scheme ended up costing approximately £1 million per person. The Israel scheme on which the Rwanda scheme is based failed completely, with just about every single person who was sent to Rwanda leaving the country within days and many of them trying to come back to the place from which they were sent. It is an absolute farce.

[Tom Pursglove]

It would be useful, for the benefit of the House and of the country more generally, if the hon. Gentleman could confirm whether an incoming Labour Government—in the eventuality that there were to be one—would cancel the Rwanda plan?

[Stephen Kinnock]

What I would contend—[Interruption.] I am going to tell him. What I would contend is that with the Rwanda plan the wheels are going to fall off the bus very soon, so we will not need to answer that question. It will completely fail. Rather than chasing headlines, the Minister should be doing the nitty-gritty work of negotiating a returns agreement, giving resources to caseworkers and sorting out safe and legal routes. It is about not the razzle-dazzle of Daily Mail headlines but getting the job done.

At Home Office oral questions yesterday, the Minister could not answer a single question that I asked him about the cost of the Rwanda plan. I asked him: how many refugees does he expect to send to Rwanda each year? The Prime Minister says “tens of thousands”; is that correct? What will the cost be per single refugee going to Rwanda? What will the £120 million sweetener being paid by the UK to Rwanda actually be spent on? How many asylum seekers can Rwanda’s detention centres house at any given time? Finally, given that the top civil servant at the Home Office refused to sign off on the Rwanda plan, citing concerns over value for money, when will the Minister publish a full forecast of the costs?

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[Tom Pursglove]

With the leave of the House, I will conclude by observing that we have long debated these issues. The other place asked us to reflect, and we have, repeatedly. This House has been crystal clear. What is also crystal clear is that unlike all the other parties in this House, we have a credible plan. We stand with the vulnerable. We stand against evil people smugglers. There must be no more delay. It is now time to act, and I call on all Members of this House to back the Bill and on the other place to let it pass.

Question put, That this House disagrees with Lords amendment 5D.

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22:28

Division 265

Ayes: 296

Noes: 206

Lords amendment 5D disagreed to.

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22:42

Division 266

Ayes: 299

Noes: 205

Lords amendments 6D, 6E and 6F disagreed to.

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22:57

Division 267

Ayes: 288

Noes: 212

Lords amendments 7F and 7G disagreed to.