Serious and Organised Crime Strategy

James Cleverly Excerpts

Wednesday 13th December 2023 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

As Home Secretary, my first priority is to keep the public safe. Today I have published a new and updated serious and organised crime strategy. The strategy has been laid before Parliament as a Command Paper (CP 992) and copies are available in the Vote Office and on www.gov.uk.



Serious and organised crime is a major threat to the national security and prosperity of the United Kingdom. It costs lives, blights communities, hampers economic growth, causes financial loss to individuals, businesses and the state, and corrodes the global reputation of the UK and its institutions.



Since the publication of the previous strategy in 2018, we have invested in strengthening the National Crime Agency (NCA) and policing capabilities, built new comprehensive plans and strategies for dealing with illegal drugs, economic crime, fraud, child sexual abuse and other types of crime, and introduced new powers for law enforcement agencies to respond to the threat posed by organised criminal groups. However, it was a five-year strategy and it is right that we now update our response to reflect changing threats and emerging challenges.



This new strategy sets out our mission to reduce serious and organised crime in the UK by disrupting and dismantling the organised crime groups operating in and against the UK through a comprehensive and end-to-end response to ensure there is no place for serious and organised criminals to hide. The strategy aims to reduce serious and organised crime in the UK through five lines of action:



In-country: We will disrupt and dismantle organised crime groups operating in and against the UK. We will also build resilience in local communities, deter and divert individuals, design out crime and raise barriers online.

UK Border: Strengthening the UK border, including disrupting the exploitative business model of the criminal groups involved in organised immigration crime.

International: Relentless disruption at source of international organised criminals operating against the UK; improving international information and intelligence sharing; and reducing the global drivers.

Technology and capabilities: Ensuring the best intelligence and data collection, analysis and investigative capabilities are in place to identify and disrupt organised criminals.

Multi-agency response: Ensuring all public and private sector partners are working together as effectively as possible with the right capacity, skills, structures and tasking processes.



To support delivery of the new strategy, we are bringing forward legislation in the Criminal Justice Bill, introducing new criminal offences for the possession, importing, manufacturing, adapting, supply and intending to supply specific articles for use in serious crime—vehicle concealments, templates used to print 3D firearm components and pill presses. We will also strengthen serious crime prevention orders to make it easier for police and other law enforcement agencies to place restrictions on suspected offenders.



We will strengthen the UK border and enhance disruptive activity against the organised immigration crime groups who enable people to enter the UK illegally, increasingly through dangerous small boat crossings in the channel. This includes doubling our funding to increase the multi-agency intelligence and investigative response in 2023-24 and 2024-25.



We will continue to roll out “Clear, Hold, Build”, the local policing and partnership response to serious and organised crime, expanding it to every territorial police force by spring 2024 to reduce crime and build community resilience in hotspot areas in a sustainable way.



The Government are also introducing new measures to support closer collaboration between the NCA and the Serious Fraud Office (SFO) to tackle serious and complex fraud and corruption. We will amend the Crime and Courts Act 2013 to allow the director general of the NCA to direct the director of the SFO on matters relating to the investigation of suspected incidents of serious or complex fraud, bribery and corruption, in the same way that the NCA has power to direct the police in relation to serious and organised crime.



The new strategy will refocus efforts in response to new and emerging challenges, including the growth in online crime and the exploitative business model of people smugglers. It brings together extensive work across Government, ensuring all capabilities available to the UK intelligence community, the NCA, policing and at the border are fully focused on disrupting and dismantling organised criminals.

[HCWS120]

Safety of Rwanda (Asylum and Immigration) Bill

James Cleverly Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

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

Before I speak to the Bill, let me say that the House may well be aware that, tragically, there has been a death on the Bibby Stockholm barge. I am sure that the thoughts of the whole House, like mine, are with those affected. The House will understand that at this stage I am uncomfortable going into any more details, but we will of course investigate fully.

This Government are stopping the boats. Arrivals are down by a third this year, as illegal entries are on the rise elsewhere in Europe. Indeed, small boat arrivals are up by 80% in the Mediterranean, but they are down by a third across the channel. The largest ever small boats deal with France, tackling the supply of boat engines and parts, the arrest and conviction of people smugglers, and a 70% increase in raids on illegal working are having an impact—a positive one. We have signed returns and co-operation agreements with France, Bulgaria, Turkey, Italy, Georgia and Ethiopia. Fifty hotels are being returned to their local communities, and the initial asylum backlog, which stood at 92,000, is now under 20,000. We have sent back 22,000 illegal migrants, and the UK’s arrangement with Albania proves that deterrents work.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

rose—

[James Cleverly]

I will not give way yet, as I have just started.

Last year, a third of all those arriving in small boats to the coast of this country were Albanian. This year, we have returned 5,000 Albanians, and arrivals from Albania are down by 90%. But in recent years, some of the Government’s efforts to tackle illegal migration and deport foreign national offenders have been frustrated by a seemingly endless cycle of legal challenges and rulings from domestic and foreign courts.

[Mr John Baron (Basildon and Billericay) (Con)]

rose—

[James Cleverly]

I will give way in a moment. Of course, this Government respect court judgments, even when we disagree with them, but Parliament and the British people want an end to illegal immigration and they support the Rwanda plan.

[Debbie Abrahams]

The Home Secretary points to deterrence. He has often used the Australian model of offshoring detention centres as a gold standard. What are his comments, then, on the fact that Australia has recently shut down its offshore centre because of the high financial and human costs?

[James Cleverly]

The hon. Lady raises the case of Australia. It had 55,000 illegal migrations by boats and that has trended pretty much down to zero—deterrence works.

[Mr Baron]

I am sure that my right hon. Friend will agree that the British are world champions at queueing. We do not like queue jumpers, which is why illegal immigration grates with us. Will he confirm that the Government will take all steps to ensure that we remain within international law, not just now but going forward? In that case, I will certainly be supporting the Bill tonight. Does he also agree that some colleagues in this place need to be careful what they wish for?

[James Cleverly]

I am confident, and indeed the conversations I have had with the Government’s legal advisers reinforce my belief, that the actions we are taking, while novel and very much pushing at the edge of the envelope, are within the framework of international law. That is important because the UK is a country that demonstrates to the whole world the importance of international law. We champion that on the world stage and it is important that we demonstrate it.

[Several hon. Members rose—]

[James Cleverly]

I am going to make further progress. Judges of course play an important role, but they are not policymakers and they should not be policymakers. When the courts find a particular formulation of policy unlawful, it is the job of politicians to listen to their views, respect their views and find a solution.

[Several hon. Members rose—]

[James Cleverly]

I will make further progress. Thanks to the efforts on the part of the UK Government and the Government of Rwanda, that is exactly what we have done in response to the verdict from the Supreme Court. The new treaty that I signed last week with Rwanda and the Bill that accompanies it are game changing. The principle of relocating people to a safe country, to have their asylum claim processed there, is entirely consistent with the terms of the refugee convention. Both the High Court and the Court of Appeal unanimously confirmed that point.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

My right hon. Friend was an excellent Foreign Secretary, so he will know the extraordinary tensions that exist between the Democratic Republic of the Congo and Rwanda. The Democratic Republic of the Congo accuses Rwanda of sponsoring the M23 terrorist organisation, which is violating Congolese women and killing Congolese soldiers. This week, the Congolese President named the Rwandan President as a Hitler-like figure. What is my right hon. Friend’s response to the concerns of our Congolese friends in that regard?

[James Cleverly]

In my former role, I had extensive conversations with the Governments of both the Democratic Republic of the Congo and Rwanda. We do not agree with that assessment of the Government of Rwanda. More importantly, other international organisations also rely heavily on Rwanda, including the United Nations High Commissioner for Refugees and the European Union. They would not do that if they believed that Rwanda was an unsafe country.

[Several hon. Members rose—]

[James Cleverly]

I intend to make further progress—this is Second Reading and there will be plenty of opportunities for colleagues to speak—but I give way to the hon. Member for Strangford (Jim Shannon).

[Jim Shannon (Strangford) (DUP)]

Just yesterday, I received correspondence stating:

“EU Council Directive 2005/85/EC is caught by Article 2(1) of the Protocol, therefore can be relied upon in NI (but not GB).”

It added that article 7 of the directive

“confers the right to remain in the territory”

while a claim is being processed, which

“creates additional ‘rights’ in NI”

that do not apply in GB and

“expressly frustrates the core intent of the Rwanda Bill from applying in NI”.

Has the Home Secretary had the opportunity to look at that?

[James Cleverly]

The point that the hon. Gentleman makes about differential treatment in different parts of the United Kingdom is one that we are conscious of. As the Bill progresses, he and others will have the opportunity to raise concerns about specific details. We will, of course, listen to his concerns and those of others. When passed, the Bill will address the practical implications. At the moment, the challenge of the number of refugees is not as significant in Northern Ireland as in other parts of the UK, but, as the hon. Gentleman has heard me say before, we are always conscious to make sure that all parts of the UK are, and feel that they are, in the thinking of the Government as we move forward.

[Several hon. Members rose—]

[James Cleverly]

I will make further progress. As I say, the principle of relocating people to a safe country to have their asylum claims processed is entirely consistent with the terms of the refugee convention. The High Court and the Court of Appeal unanimously confirmed that, and the Supreme Court did not dispute those findings in own findings three weeks ago.

[Sir William Cash (Stone) (Con)]

Does my right hon. Friend agree that it is clear in international law and in relation to the question of the rule of law that in this country, with our unwritten constitution, a clear and unambiguous use of words, clearly establishing the intention of Parliament in the enactment of a law, takes precedence over international law, in accordance with the judgments of Lord Hoffmann, as well as judgments and statements by Lord Judge, Lord Denning and other very distinguished jurists, including in paragraph 144 of the judgment made last month?

[James Cleverly]

My hon. Friend makes an important point. He is right that when the wording of a Bill is clear and unambiguous—where there is a deeming clause—that is the express will of Parliament, that Parliament is sovereign, and that that thinking must be adhered to through the legal process.

[Several hon. Members rose—]

[James Cleverly]

I am going to make some progress.

A few weeks ago, the Supreme Court upheld the judgment of the Court of Appeal, meaning that we cannot yet lawfully remove people to Rwanda. That is because of concerns that it expressed that relocated individuals might be refouled. I am sure the House knows that that means that those individuals might be re-deported to a third country. The Government disagreed with that verdict, but, as I have said, we respect the verdict of their lordships. It is important to understand that the Supreme Court’s judgment was based on the facts as they existed 18 months ago and that the Court said the problem could be remedied. As I told the House last week, we have worked on and found that very remedy. Our asylum partnership with Rwanda sets out, in a legally binding international treaty, the obligations of both the UK and Rwanda within international law.

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

I am extremely grateful to my right hon. Friend for giving way. As he says, international law and domestic law are both important, but they are different. The Bill seeks to give this House the power to deem Rwanda a safe country. Can he confirm for me that what it does not seek to do is suggest that this country, or this House, has the power to deem itself in compliance with international law? My worry stems from clause1(5) of the Bill, which, of course, reflects the Government’s intention to deem Rwanda a safe country, but then goes on to describe the safe country as one

“to which persons may be removed…in compliance with all of the United Kingdom’s obligations under international law”.

Will he confirm that it is not the Government’s intention to suggest that it falls to any country to deem itself in compliance with international law—he does not need me to explain what the consequences of that might be elsewhere in the world—and that he will look again at the language and whether it needs to be changed to clarify that point?

[James Cleverly]

I can reassure my right hon. and learned Friend that that is absolutely not the intention of the Bill. The deeming clause is specifically about the safety of Rwanda, because of our response to their lordships’ position at the Supreme Court hearing. We are not seeking to redefine through domestic legislation international law.

[Joanna Cherry (Edinburgh South West) (SNP)]

If the right hon. Gentleman is right and the treaty with Rwanda meets the concerns of the Supreme Court, why is this Bill necessary? If Rwanda is now a safe country as a result of the treaty, why is this highly controversial Bill, which is clearly causing great problems in his own parliamentary party, necessary?

[James Cleverly]

We are putting forward legislation that will be clear and unambiguous, so as to support the treaty. The treaty addresses the concerns raised by their lordships.

[Several hon. Members rose—]

--- Later in debate ---

[James Cleverly]

With the indulgence of the House, I intend to make some progress. I want to make sure that others have a full chance to speak in this debate.

The Bill sets out to Parliament and to the courts why Rwanda is safe for those relocated there. The treaty that I signed last week puts beyond legal doubt the safety of Rwanda. It provides the basis to end the merry-go-round of legal challenges that have second-guessed the will of Parliament and frustrated this policy, this House, and the desire of the British people.

Rwanda will introduce an even stronger end-to-end asylum system, stronger still than the one that underpins its relationship with the United Nations High Commissioner for Refugees. It will have a specialist asylum appeals tribunal—

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I thank the Home Secretary for giving way. Since we last spoke in this House, it has been confirmed that the Government have given the Rwandan Government £240 million, with a further £50 million to come in April—all independently of anybody be being sent to Rwanda. Will he now confirm that the Government’s deal also means a further £50 million in 2025 and a further £50 million on top of that in 2026?

[James Cleverly]

The right hon. Lady is asking me to confirm figures that we have put in the public domain. Unsurprisingly, I am totally comfortable confirming what I have already said. Rwanda will introduce an even stronger—

[Yvette Cooper]

rose—

[James Cleverly]

The right hon. Lady has the chance to make a speech in just a few moments.

The system of specialist asylum tribunals to consider individual appeals against any refused claim within Rwanda will have one Rwandan and one other Commonwealth co-president and will be made up of judges from a mix of nationalities, selected by the co-president. To the point the right hon. Lady is making about the money spent by the British Government, as is the case with many countries around the world, the Government spend money capacity building with our international partners, and we have been working extensively with Rwanda to build capacity too.

The treaty makes clear that anyone relocated to Rwanda cannot be removed from Rwanda to another country except back to the United Kingdom. It is binding in international law and enhances the role of the independent monitoring committee, which will have the power to set its own priority areas for monitoring. The committee will have unfettered access to monitor the entire relocation process, from initial screening to relocation and settlement in Rwanda. Relocated individuals and legal representatives will be able to launch confidential complaints directly with that committee. It is that treaty and the accompanying evidence pack that enable the Government to conclude with confidence that Rwanda is safe. We will need to be certain that domestic and foreign courts will also respect the treaty, and that is why we have introduced this Bill.

[Sir Jacob Rees-Mogg (North East Somerset) (Con)]

On that point on foreign courts, clause 5(2) says:

“It is for a Minister of the Crown…to decide whether the United Kingdom will comply with the interim measure.”

Is the advice from the Attorney General that it will be compatible with international law for a Minister to refuse to comply with such an indication?

[James Cleverly]

My right hon. Friend, who is an expert proceduralist in this House, will know that advice from the AG to Government is privileged, and I am not going to share it at the Dispatch Box, but he will also know that the Government’s position is clear and unambiguous that this is in accordance with international law. He can rest assured of that.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

Will my right hon. Friend confirm that, as a matter of law, an interim measure under rule 35 is directed not to the courts of the UK, but to the Governments of the member states? Therefore, what the Bill says simply restates what is the position anyway: it is the member state that it applies to, not the courts.

[James Cleverly]

My hon. Friend is absolutely right.

[Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

Will the Home Secretary give way?

[James Cleverly]

I will give way one more time, and then I will make more progress.

[Dame Meg Hillier]

The Home Secretary says he will not reveal to the House the Attorney General’s advice, and that is fine, but on the issue of the money, his permanent secretary was in front of the Public Accounts Committee yesterday and told us that, as well as the payment of £50 million due next year, there are payments planned for years four and five. Is he willing to share with the House how much will be paid to Rwanda in years four and five of the programme?

[James Cleverly]

The hon. Lady will know that we have committed to a reporting schedule that is completely consistent with other Government Departments and with the reporting schedule of the Home Office in other areas. We intend to commit to doing that.

This Bill builds on the Illegal Migration Act 2023 and complements all other measures that this Government are employing to end illegal migration. The Safety of Rwanda (Asylum and Immigration) Bill makes it unambiguously clear that Rwanda is safe and it will prevent the courts from second-guessing the will of this sovereign Parliament.

[Dame Maria Miller (Basingstoke) (Con)]

Will my right hon. Friend give way?

[James Cleverly]

I have to make progress.

The Bill gives effect to the judgment of Parliament that Rwanda is a safe country, notwithstanding UK law or any interpretation of international law. For the purposes of the Bill, a safe country is one to which people

“may be removed from the United Kingdom in compliance with all of the United Kingdom’s obligations under international law”—

I hope that will reassure my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright)—

“that are relevant to the treatment in that country of persons who are removed there.”

It means that someone removed to that country will not be removed or sent to another country in contravention of any international law, and that anyone who seeks asylum or who has had an asylum determination will have their claim determined and be treated in accordance with that country’s obligations under international law.

[Several hon. Members rose—]

[James Cleverly]

I am going to make progress. I have been generous, but I want others to have the chance to speak.

Anyone removed to Rwanda under the provisions of this treaty will not be removed from Rwanda except to the United Kingdom, in a very small number of limited and exceptional circumstances. Should the UK request the return of any relocated person, Rwanda will return them. Decision makers, including myself or the holder of the post of Home Secretary, an immigration officer and the courts must all treat Rwanda as a safe country. They must do so notwithstanding the relevant UK law or any interpretation of international law by courts or tribunals. That includes the European convention on human rights; the refugee convention; the international covenant on civil and political rights; the United Nations convention against torture and other cruel, inhuman or degrading treatment or punishment; the Council of Europe convention on action against trafficking in human beings which opened at Warsaw on 16 May 2005; customary international law; and

“any other international law, or convention or rule of international law, whatsoever, including any order, judgment, decision or measure of the European Court of Human Rights.”

The Prime Minister has been crystal clear that he, and the Government he leads, will not let foreign courts destroy this Rwanda plan and curtail our efforts to break the business model of the evil people-smuggling gangs.

[Sir Robert Buckland (South Swindon) (Con)]

My right hon. Friend makes the point about foreign courts, but what about domestic courts? Is there not a danger that, in pursuing quite stringent measures in this Bill, we are really testing the principle of comity to breaking point? This House and this Parliament are sovereign, but we also have the independence of the courts and the rule of law to bear in mind, and restraint on both sides—by the judiciary and by this place—is essential if we are to maintain the balance of our constitution.

[James Cleverly]

My right hon. and learned Friend knows I have a huge amount of respect for him, not just as a friend and an individual, but for his experience at the Bar at a very high level. He raises an important point, and I want to give him complete reassurance that we have looked very carefully at that balance he speaks about and we respect the importance of that. We genuinely believe this Bill gets the balance right, although, because of the growing nature of this extreme and perverse trade in human misery, we have to take firm action. We are therefore acting in a way that maintains that balance. It is novel. He says it is contentious, and that is true, but we are doing it because we have to break this business model. We have to do this.

When the European Court of Human Rights—this speaks to the point made by my right hon. Friend the Member for North East Somerset (Sir Jacob Rees-Mogg) just a moment ago—indicates an interim measure relating to the intended removal of someone to Rwanda under, or purportedly under, a provision of the Immigration Act, a Minister of the Crown alone, not a court or tribunal, will decide whether the UK will comply with that interim measure.

In order to further prevent individual claims to prevent removal, the Bill disapplies certain relevant provisions from the Human Rights Act 1998 in particular circumstances, including sections 2, 3, 6, 7, 8 and 9. This is lawful, this is fair, this is necessary, because we have now addressed every reason that has been used to prevent removal to Rwanda. We have blocked asylum claims from being admitted with legislation that has already passed through this House: when the Illegal Migration Act 2023 is enforced, modern slavery disqualification provisions will assist with speedy removal.

The only possible blocking of removal is if an individual can demonstrate, with compelling evidence, that there is an immediate risk of serious and irreversible harm to them in particular under their individual circumstances. That sets the bar rightly very high, so that the chances of that happening are rightly extremely small. The only way to deter people from coming here illegally is to convince them that if they do, they will be unable to stay. Instead, they will be detained and swiftly removed to a safe third country, or their home country, if it is safe to do so.

[Several hon. Members rose—]

[James Cleverly]

I will conclude, as I have been on my feet for a while.

This is how we will save lives at sea. This is how we will deter illegal migration. And this—the House should take note—is how we will break the business model of the most evil and perverse trade that we currently can see: the trade in vulnerable people. The people smugglers are not humanitarians; they are vicious criminals, and we must take action to stop them. This is how we restore confidence in our immigration system and assert full control over our borders.

[Several hon. Members rose—]

[James Cleverly]

I am nearly done; let me conclude.

This is how we will overcome the intolerable pressure on taxpayers, public services and local communities that illegal immigration creates. That is how we will ensure that the system is fair: fair to those who play by the rules and fair to the British people, who are rightly sick of people arriving here from France in small boats—from France, a safe and wonderful country. Rwanda stands ready to welcome those new arrivals. It stands ready to work with us to find a solution on this global issue, rather than being part of a problem, and for that, I believe, it should have our thanks and admiration. This is an innovative and humane solution to a growing global problem. Other countries are looking at what we are doing and making similar plans of their own. A new treaty and this Bill make it clear in law that Rwanda is a safe country to which to relocate illegal migrants.

I want to extend an offer to the whole House. Colleagues across this House must know how much this matters to our constituents. Our voters, no matter which party they vote for, are warm and welcoming people to those in genuine need. We have seen that in the way in which people across this country have opened their homes to many of the half a million people who have come here via safe and legal routes in the past decade. But the British people rightly expect everyone to play by the rules, and they expect us in this House to do what it takes to stop the boats. That is what voting for this legislation means. Our voters are horrified when they see images of people drowning in the channel. They are horrified when they see people smugglers taking advantage of people. They want an end to illegal migration. This Government have a plan that will provide an alternative home for illegal arrivals to the UK and deter others from coming here illegally. I commend the Bill to the House.

[Mr Speaker]

I call the shadow Home Secretary.

Safe Access Zones: Commencement

James Cleverly Excerpts

Monday 11th December 2023 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

People in this country have a wide range of views on abortion. All viewpoints are legal to hold, and it is important that, as a nation, we are tolerant and respectful of others’ viewpoints. Indeed, it is a cornerstone of our democracy that people are free to gather and express their views, however uncomfortable they may be to others.

The Government have always been clear that rights to protest do not extend to the intimidation or harassment of others. Where protests do amount to that, we expect the police and local authorities to use their powers to deal with such cases.

The debates during the passage of the Public Order Act 2023 showed that many people have firmly held—but opposing—views about the merits of limiting the right to protest in order to enable women to freely access abortion services. There were concerns that the right to protest, freedom of expression and religious belief were being unjustifiably constrained. Meanwhile, others argued with equal passion that women accessing abortion services deserved greater protection from harassing or intimidatory protest.

After considering the debates, the Houses of Parliament voted to introduce legislation to prohibit certain activities within 150 metres of an abortion clinic or a hospital that provides abortion services—“safe access zones”.

The Government respect the will of Parliament, and we anticipate commencing section 9 of the Public Order Act 2023 no later than spring 2024.^[1]

We have considered what needs to be done to ensure that safe access zones can be implemented as effectively as possible, with law enforcement agencies having a clear and consistent understanding around enforcement, and abortion service providers and protestors being clear as to what is expected under the new law.

We believe the best way to do this would be through publishing non-statutory guidance prior to the commencement of section 9.

I recognise that this is new legislation, on an emotive topic, with strong views on all sides of the debate and that determining the appropriate balance between competing interests will not always be straightforward. The Government have therefore decided to launch a public consultation on the non-statutory guidance for safe access zones and welcome responses from all interested parties. Running a public consultation will help ensure that we produce guidance that reflects the policy intention of Parliament and provides a workable enforcement policy.

The public consultation will run for six weeks until 22 January 2024. A copy of the consultation will be placed in the Libraries of both Houses and published on www.gov.uk.

As Home Secretary, I am committed to ensuring that women in England and Wales feel safe and protected while exercising their legal right to access abortion services and I am optimistic that this Government will facilitate the effective introduction of safe access zones.

I thank Members across the House for their engagement on this issue.

^[1] “Abortion Clinics: Safe Access Zones”, Official Report, House of Lords, 20 November 2023, Vol. 834, c. 599-603: https://hansard.parliament.uk/lords/2023-11-20/debates/60888608-B1EC-40F7-8CEC-3C77479493D7/AbortionClinicsSafeAccessZones

[HCWS111]

Immigration Rules

James Cleverly Excerpts

Thursday 7th December 2023 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

I am today laying before the House a statement of changes in immigration rules.

Changes to visitor rules

As set out in the spring Budget 2023, we are amending the list of permitted business activities that can be undertaken by individuals on a UK Visit visa, including by: removing the restriction on visitors working directly with clients in an intra-corporate context, subject to the activity being incidental to their employment abroad and to the delivery of a wider project by the UK branch of their overseas employer; naming remote work as a permitted activity, providing this is not the primary purpose of the visit; expanding the list of unpaid work activities that legal professionals can undertake in the UK, allowing scientists to conduct research in the UK as part of their visit; and allowing pilots and cabin crew members to travel to the UK as part of a Civil Aviation Authority approved wet leasing agreement.

We are also reforming permitted paid engagements (PPE), by including speaking at conferences in the list of permitted engagements. By incorporating the provisions of the route into the standard visitor route, to enable easier switching between PPE activities and the other permitted business activities, and to enable easier travel across the UK border for nationalities eligible to use e-passport gates.

Introduction of new appendix statelessness

We are making changes to the partner and child rules on the statelessness route.

A partner or child will no longer be eligible to apply for permission as a dependent under the stateless route but will instead need to meet the requirements to come to, or stay in, the UK as a partner or child of a stateless person under the family rules in appendix FM. A person who already has permission as a partner or child of a stateless person under the current stateless immigration rules in part 14 will be able to continue to extend their permission or stay in the UK under those provisions.

Changes to the EU Settlement Scheme (EUSS)

The EUSS enables EU, other European Economic Area (EEA) and Swiss citizens living in the UK by the end of the transition period on 31 December 2020, and their family members, to obtain the immigration status they need to continue living in the UK. We are making two particular changes where the EUSS is concerned.

First, to reinforce the Government approach to tackling illegal migration, we will prevent a valid application to the EUSS as a joining family member being made by an irregular arrival to the UK, which will include small boat arrivals, as well as by an illegal entrant. Second, consistent with the temporary protection of rights conferred on them by the citizens’ rights agreements for three months from their arrival in the UK, we will require a person in the UK as a visitor to make any application to the EUSS as a joining family member within three months of their arrival subject to reasonable grounds for any delay in applying.

Changes to travel document requirements for school groups visiting the UK from France

We are making changes to allow children aged 18 and under, studying at a school in France, to visit the UK on an organised educational trip without the usual passport or visit visa requirements. EU, other EEA and Swiss national children will be able to travel on their national identity card. Visa national children will still be required to travel on their passport but will not have to obtain a visit visa.

Introduction of new appendix victim of domestic abuse

We are introducing an out of country settlement route for victims of transnational marriage abandonment.

Changes to the youth mobility scheme

The youth mobility scheme (YMS) implements the international commitments that have been made to provide cultural exchange programmes for young people.

We are adding Uruguay to the list of countries and territories participating in the YMS and making changes to reflect that the UK’s existing reciprocal, bilateral arrangements with Japan and the Republic of Korea have been enhanced.

The changes to the immigration rules are being laid on 7 December 2023 and will come into effect on various dates between 7 December 2023 and 31 January 2024.

[HCWS106]

Rwanda Treaty

James Cleverly Excerpts

Wednesday 6th December 2023 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

On 15 November, the Supreme Court handed down its judgment in relation to the migration and economic development partnership between the UK and Rwanda. The Court acknowledged that changes can be delivered to address its concerns. We have been working with the Government of Rwanda to make these changes—they are equally committed to deliver this partnership.

Yesterday, I signed a new treaty with Foreign Minister Biruta. This further strengthens our partnership and addresses the conclusion from the Supreme Court on the risk of refoulement to those individuals who are relocated to Rwanda.

The treaty can be found here: https://www.gov.uk/government/publications/uk-rwanda-treaty-provision-of-an-asylum-partnership.

This treaty is binding in international law. It makes it absolutely clear that people relocated to Rwanda will be safe and supported and will not be removed to a country other than the UK. This ensures there is no risk of refoulement. For those who are not granted refugee status or humanitarian protection, they will get equivalent treatment which includes being granted permanent residence so that they are able to stay and integrate into Rwandan society.

Through the treaty, Rwanda will introduce a strengthened end-to-end asylum system. Individuals will have the right to appeal a decision on their asylum claim, which will be considered by a new, specialist asylum appeals body. It will have one Rwandan and one other Commonwealth co-president and be made up of judges from a mix of nationalities, selected by the co-presidents.

The treaty also enhances the role of the independent monitoring committee which will ensure adherence to obligations under the agreement. It will have the power to set its own priority areas for monitoring and be given unfettered access to complete assessments and reports. The committee will monitor the entire relocation process, including initial screening, relocation and settlement in Rwanda. It will develop a system to enable relocated individuals and legal representatives to lodge confidential complaints directly to the committee.

The Prime Minister committed to stop the boats, and we are delivering on that. The number of arrivals is down by a third; the initial asylum backlog is down from 92,000 to less than 20,000; we have removed over 22,000 people this year; and we have already closed 50 asylum hotels.

To fully solve this problem, we need a strong deterrent as part of our wider toolkit. As our deal with Albania shows, deterrence works: Albanian arrivals are down by more than 90% this year. That is why it is essential we remove illegal migrants to Rwanda. If people know they cannot stay in the UK if they come here illegally, we will prevent people from risking their lives by making the dangerous journey across the channel.

The Prime Minister has announced we will be bringing forward legislation to complement this treaty. I look forward to introducing this to the House in due course.

[HCWS101]

UK-Rwanda Partnership

James Cleverly Excerpts

Wednesday 6th December 2023 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

With permission, Madam Deputy Speaker, I will make a statement about the Government’s plan to stop the boats and tackle the vile trade in people smuggled across the channel.

Three weeks ago, the Supreme Court handed down its judgment on this Government’s migration and economic development agreement with Rwanda. In that judgment their lordships upheld the view of the High Court and the Court of Appeal that it is lawful to relocate illegal migrants, who have no right to be here, to another safe country for asylum processing and resettlement, but upheld the judgment of the Court of Appeal, which means that the Government cannot yet lawfully remove people to Rwanda. That was due to the Court’s concerns that relocated individuals might be “refouled”—removed to a country where they could face persecution or ill treatment. We did not agree with that assessment, but of course we respect the judgment of the Supreme Court.

The Supreme Court also acknowledged that its concerns were not immutable and were not an aspersion on Rwanda’s intentions, and that changes may be delivered in the future that could address its concerns. Today I can inform the House that those concerns have been conclusively answered and those changes made, as a result of intensive diplomacy by the Prime Minister, by the Foreign, Commonwealth and Development Office, by the Attorney General’s Office and by the Home Office. We have created a situation that addresses the concerns.

Our rule of law partnership with Rwanda sets out in a legally binding international treaty the obligations on both the United Kingdom and Rwanda within international law, and sets out to this House and to the courts why Rwanda is and will remain a safe country for the purposes of asylum and resettlement. This is a partnership to which we and Rwanda are completely committed. Rwanda is a safe and prosperous country. It is a vital partner for the UK. Our treaty puts beyond legal doubt the safety of Rwanda and ends the endless merry-go-round of legal challenges that have thus far frustrated this policy and second-guessed the will of Parliament. I want to put on record my gratitude to President Kagame, Foreign Minister Biruta and the Rwandan Government for working with us at pace to do what it takes to get this deal up and running with flights taking off as soon as possible.

Rwanda will introduce a strengthened end-to-end asylum system, which will include a new specialist asylum appeals tribunal to consider individual appeals against any refused claims. It will have one Rwandan and one other Commonwealth co-president and be made up of judges from a mix of nations selected by those co-presidents. We have been working with Rwanda to build capacity and to make it clear to those relocated to Rwanda that they will not be sent to another third country.

The treaty is binding in international law. It also enhances the role of the independent monitoring committee, which will ensure adherence to obligations under the treaty and have the power to set its own priority areas for monitoring. It will be given unfettered access to complete assessments and reports and to monitor the entire relocation process, from initial screening to relocation and settlement in Rwanda. It will also develop a system to enable relocated individuals and legal representatives to lodge confidential complaints directly with the committee.

But, given the Supreme Court judgment, we cannot be confident that the courts will respect a new treaty on its own, so today the Government have published emergency legislation to make it unambiguously clear that Rwanda is a safe country and to prevent the courts from second-guessing Parliament’s will. We will introduce that legislation tomorrow in the form of the Safety of Rwanda (Asylum and Immigration) Bill, to give effect to the judgment of Parliament that Rwanda is a safe country, notwithstanding UK law or any interpretation of international law.

For the purposes of the Bill, a safe country is defined as one to which people may be removed from the United Kingdom in compliance with all the United Kingdom’s obligations under international law that are relevant to the treatment in that country of people who are removed there. This means that someone removed to that country will not be removed or sent to another country in contravention of any international law, and that anyone who is seeking asylum or who has had an asylum determination will have their claim determined and be treated in accordance with that country’s obligations under international law.

Anyone removed to Rwanda under the provisions of the treaty will not be removed from Rwanda, except to the United Kingdom in a very small number of limited and extreme circumstances, and should the UK request the return of any relocated person, Rwanda will make them available. Decision makers, including the Home Secretary, immigration officers and the courts, must all treat Rwanda as a safe country, and they must do so notwithstanding all relevant UK law or any interpretation of international law, including the human rights convention; the refugee convention; the 1966 international covenant on civil and political rights; the 1984 UN convention against torture and other cruel, inhuman or degrading treatment or punishment; the Council of Europe convention on action against trafficking in human beings, which was signed in Warsaw on 16 May 2005; customary international law; and any other international law, or convention or rule of international law, whatsoever, including any order, judgment, decision or measure of the European Court of Human Rights.

Where the European Court of Human Rights indicates an interim measure relating to the intended removal of someone to Rwanda under, or purportedly under, a provision of immigration Acts, a Minister of the Crown alone, and not a court or tribunal, will decide whether the United Kingdom will comply with the interim measure. To further prevent individual claims to prevent removal, the Bill disapplies the relevant provisions of the Human Rights Act 1998, including sections 2, 3, 6, 7, 8 and 9. The Bill is lawful, it is fair and it is necessary, because people will stop coming here illegally only when they know that they cannot stay here and that they will be detained and quickly removed to a safe third country. It is only by breaking the cycle and delivering a deterrent that we will remove the incentive for people to be smuggled here and stop the boats.

This legislation builds on the Illegal Migration Act 2023, which the House passed this summer, and complements the basket of other measures that the UK Government are employing to end illegal migration—for example, the largest ever small boats deal with France. Tackling the supply of boats and parts, the arrest and conviction of people smugglers, and illegal working raids have all helped to drive down small boat arrivals by more than a third this year, even as the numbers are rising elsewhere in Europe.

Parliament and the public alike support the Rwanda plan. Other countries have since copied our plans with Rwanda, and we know from interviews that the prospect of being relocated out of the UK has already had a deterrent effect. This will be considerably magnified when we get the flights to Rwanda. This treaty and this new Bill will help to make that a reality, and I commend this statement to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

The usual rule applies: only those who have been here for the statement should stand to ask a question. I call the shadow Home Secretary.

--- Later in debate ---

[Hon. Members]

More!

[James Cleverly]

The calls for more from the right hon. Lady’s own Back Benchers are well placed. I was hoping that she would speak for longer, so that she would eventually get around to giving us some comments about the Bill, or the policy, or giving us some clue about what on earth Labour would do.

It is quite interesting that, once again, we see the mask slip on the Opposition Benches. The right hon. Lady was critical about the financial arrangement that goes hand in hand with the agreement that we have come to with Rwanda. It is interesting that hers is the same party that was very critical of this Government when we were forced by circumstances to reduce our official development assistance expenditure. I just want to understand the Opposition’s thinking. They seem comfortable with the idea that the UK gives away money to countries such as Rwanda to help them develop, but they seem deeply uncomfortable when those countries actually earn the money by bringing forward reform. It is, I think, a rather distasteful state of affairs that they would like to view Rwanda exclusively through the prism of development and aid, but are deeply uncomfortable when a country like Rwanda earns the money.

The simple truth is that Rwanda is making huge progress in professionalising and strengthening its institutions, working alongside the UK and other international partners. I believe that we are duty-bound to support countries such as Rwanda when they play their part in addressing the issues that the world is facing. They are helping to resolve problems, rather than being part of a problem, and they deserve our thanks for doing so.

We will pursue this legislation, which supports a treaty that sees Rwanda strengthening its institutions and addressing some of the world’s most intractable challenges, and we support it as it is supporting us.

[Mr Deputy Speaker]

Can people please focus on asking a question and not making statements, and please can we hear the questions and the answers in silence? There is a lot of calling out on both sides of the House.

[Priti Patel (Witham) (Con)]

I thank my right hon. Friend for his statement. Clearly, he is becoming incredibly familiar with the legal challenges that the Government, the country and the nation face when it comes to migration issues. Can he give us details of the assessments that have been made as to whether the disapplication of the Human Rights Act and other laws is robust, will stand up to the legal challenges and, ultimately, will ensure the delivery and the implementation of this policy to curb illegal migration?

[James Cleverly]

The UK takes its international obligations incredibly seriously. The Human Rights Act is, in part, being disapplied through this legislation. We were, of course, one of the founding members of the European Court of Human Rights and we regard it as an important institution, but, like many post-war institutions, it would benefit from evolution and updating. I made that position clear when I was Foreign Secretary.

The point is that we want to make sure that a country, Rwanda, which is working with us, strengthening its institutions and seeking to do the right thing by both European refugees and African refugees, is supported in doing so. We have a robust legal system and a robust parliamentary system here in the UK; we should have some more self-confidence in those systems and use our experience to help capacity building in partner countries such as Rwanda.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

When the permanent secretary came before the Home Affairs Select Committee last week, he was unable to tell us how much is being spent on the Rwanda deal because Ministers have decided to update Parliament annually. Can the Home Secretary confirm today how much additional money will be provided to Rwanda in the light of the changes in the treaty, and whether he will update Parliament more often than once a year? We are looking forward to seeing the Immigration Minister at the Home Affairs Select Committee next Wednesday to ask him further questions; if, for whatever reason, he is not able to attend, will the Home Secretary attend in his place?

[James Cleverly]

Let me make it absolutely clear: we remain committed to our promise to publish the costs of the scheme on an annual basis. To make this absolutely clear to the House, too, the Rwandans asked for no additional money in connection with this treaty. None was asked for, none was offered and none was provided. We will update the House in the way we have committed to and I have no doubt that the Immigration Minister will come before the right hon. Lady’s Committee as promised.

[Mrs Natalie Elphicke (Dover) (Con)]

The Prime Minister said that he would not allow a foreign court to block his Rwanda plans—meaning, of course, the European Court of Human Rights—so can my right hon. Friend the Home Secretary explain why article 11(4)(a) of the treaty expressly requires Rwanda to enable migrants to make claims to that European Court?

[James Cleverly]

Throughout this plan, we have made it clear that we will remain in conformity with international law. The European Court of Human Rights does of course have an important role to play, but the point we have made is that there are many countries that are in disagreement with international courts, including the European Court of Human Rights. We are determined to do the right thing to deter the evil people smugglers, the slave traders, and those people who would seek to abuse and take advantage of vulnerable people, and to work with Rwanda, in conformity with international law, but being clear that we are not going to be deterred from acting promptly.

[Alison Thewliss (Glasgow Central) (SNP)]

Humpty Dumpty said, “When I use a word, it means just what I choose it to mean—neither more nor less.” Just by saying that Rwanda is a safe country does not make it so. Legislating does not make it so. The Home Secretary says that Rwanda is safe, yet somehow his treaty says that we will accept asylum seekers from Rwanda—from that safe country—so it is both safe and unsafe. He says that he respects the assessment of the Supreme Court, but he is here today to override it. His treaty says that they will not remove children, but the treaty is full of provisions for what happens when children do end up in Rwanda. He says that human rights are important, but they are not there for everybody, and he seeks to disapply them.

The Home Secretary comes here today while the Rwandan Minister says:

“It has always been important to both Rwanda and the UK that our rule of law partnership meets the highest standards of international law, and it places obligations on both the UK and Rwanda to act lawfully. Without lawful behaviour by the UK, Rwanda would not be able to continue with the Migration and Economic Development Partnership.”

So if this deal does break international law and our treaty obligations, the deal fails to exist. [Interruption.] The Home Secretary says it does not, but it is not a matter in which they can just overlook the human rights convention, the refugee convention and all those other conventions and disapply them when it suits. International law does not work that way.

This is an assault on human rights. We should not let this stand from this House, because human rights are universal and they are for everybody, not who the Home Secretary thinks they should apply to. This Bill is a dangerous distraction; it is part of a march towards fascism. Every single piece—[Interruption.] I do not say that lightly, Mr Deputy Speaker. I do not say these things lightly. Does the Home Secretary believe that human rights are universal or does he not? That is the key question on this legislation, because we have been told, on every piece of legislation we have passed so far, that it would be a deterrent, yet none of them has worked. This illiberal, toxic piece of legislation today is supposed to be a deterrent, when all the others have failed.

The Home Secretary’s plans for Rwanda have been found to be unlawful. They are immoral. They are a waste of money. They should be scrapped. Scotland wants none of this—none of this—appalling legislation.

[James Cleverly]

It is a shame that the hon. Lady’s comments are clearly based on what I can only assume is a cursory and superficial skim of the legislation. She criticises it for a number of things that are not in the legislation, so I will forgive her for the fact that she did not take the time to read it properly. We are absolutely committed to human rights. We were one of the founders of the European Court of Human Rights and our commitment to abide by international law is unwavering. It underpins the relationship we have with Rwanda and I can assure her that it will remain at the forefront of our thinking throughout. And she might reflect on the appropriateness of throwing the word fascism around when we are bringing forward a Bill on which every Member of this House will be allowed to vote, because we are in a democracy.

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

The new Home Secretary will be aware and welcome the fact that he will be gauged, indeed judged, on the effectiveness of this legislation for weeks, months, years and perhaps even decades. Will he confirm that the provisions in the Bill are sufficient to resist individual challenges from those who might be sent to Rwanda, and the interest groups and the deluded dodgy lawyers who support them? In particular, will he speak specifically about the disapplication of rule 39?

[James Cleverly]

The right is for Ministers to decide on our response to a rule 39 application. That is in the Bill. My right hon. Friend is right that this sets important precedents. The precedent we want to establish is that the people who wish to live and work in this country should do so through the numerous safe and legal routes that we have established; that those people who put themselves in the hands of evil, vile criminal gangs and people smugglers should not expect to be here; but that we work with safe third countries, such as Rwanda, to ensure that those people who are removed from here still have their human rights respected and are homed in a country that respects their human rights. That underpins the Bill, that underpins the treaty that the Bill supports, and that runs through the heart of all the actions and decisions we will make in our response to illegal migration.

[Tony Lloyd (Rochdale) (Lab)]

The United States Department of State’s annual country report on Rwanda says that among its human rights issues are unlawful killing, arbitrary killing, cruel, inhuman or degrading treatment, and torture by the Rwandan Government. By what token does the Home Secretary judge that Rwanda is a safe country? Should he not, actually, hang his head in shame?

[James Cleverly]

The Supreme Court, when it handed down its decision, focused on two elements of the situation in Rwanda. One was about the capacity of its judicial system, in particular with decisions on refugees. We have worked with Rwanda to improve that situation. The treaty underpins the fantastic work the Rwandans have done with us and others to strengthen their institutions. The judgment also spoke about the fear of refoulement, and the treaty will ensure that that will not happen.

I was also struck that the Supreme Court, in its judgment, made heavy reference to the United Nations High Commissioner for Refugees. The UNHCR was critical of Rwanda, and yet on the day after the judgment was handed down by their lordships, it flew 160-plus refugees to Rwanda. I judge it by its actions, not necessarily by its words. Rwanda has made huge progress with our help and that of others, so it is now in a situation where it can sign a treaty that protects refugees sent there. I am very confident that that will be the case.

[Dr Liam Fox (North Somerset) (Con)]

It is long overdue that we got to grips with the current levels of both legal and illegal immigration in this country, and that is what our voters expect us to do. I congratulate my right hon. Friend on bringing proposals before us, unlike the intellectual vacuum of the Labour party. Can we be clear that when it comes to the boats crisis, the fault does not lie with those who try to seek a better life for themselves and their families, but with those who trade in human beings? Does my right hon. Friend agree that there is a moral imperative to break the business model of the people smugglers, no less than there was a moral imperative to break the evil of slavery at the time? Should not all of us who believe in human rights dedicate ourselves to that end?

--- Later in debate ---

[James Cleverly]

My right hon. Friend is absolutely right. We do not do this because it is easy, or because it is convenient; we do it because it is incredibly important. If, collectively, the UK and other European countries do not address the issue of people smuggling, the winners will be the people smugglers; the losers will be the people who are manipulated by the people smugglers, the ones who are robbed, beaten, raped and murdered, or who drown in the Mediterranean or in the Channel. Those are the people we are trying to help by bringing in a structure that breaks the business model of the people smugglers. The vacuum that he talks about on the Labour Benches means that the silence when it comes to ideas is deafening. Opposition Members choose to oppose at every stage, but they do nothing—nothing—to address the evil of our time.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I am sure, Mr Deputy Speaker, you will soon be updating us on when the next personal statement might be made to the House.

Those in Kigali appear to understand and agree with Winston Churchill. The point of international treaties and the European Court of Human Rights was to tackle oppressive Governments and the things they did to citizens. We do not sign up to international treaties just on immigration law, so a change to anything in our relationship with the European Court of Human Rights will have an impact, potentially, on the trade and co-operation agreement, because that specifically states that if we end judicial co-operation, there would be a problem. The Good Friday agreement also has the ECHR at the heart of it. Will the Home Secretary therefore tell us what conversations he has had with the European Union and the Irish about this legislation?

[James Cleverly]

This legislation does not change our relationship with the ECHR.

[Shailesh Vara (North West Cambridgeshire) (Con)]

Some in this House take the view that our proposals are not the way to treat asylum seekers. Does my right hon. Friend agree that the people we are talking about are arriving in this country from a safe country, France, and are mostly young men in their 20s and 30s who come here as economic migrants and not asylum seekers? It is important that that point is recognised.

[James Cleverly]

This country has always been, and remains, incredibly generous to people who are fleeing persecution and seeking safe haven. We will continue to provide that, but it is also right that many people who attempt to come to this country do so to get a better economic life for themselves. As my right hon. Friend the Member for North Somerset (Dr Fox) said, we do not criticise people who seek to come to this country for economic reasons, but we make it clear that there are safe and legal routes for them to do so. This is about breaking the business model of evil people smugglers who prey on the people my right hon. Friend the Member for North West Cambridgeshire (Shailesh Vara) speaks of. We are duty-bound to explore every way of breaking that evil model and that evil trade in human misery to ensure that we protect the people who need protecting by working with countries such as Rwanda that seek to do the right thing on the world stage.

[Janet Daby (Lewisham East) (Lab)]

Government briefings suggest that the Government wanted to go further with the Bill but the Rwandan Government stopped them. How does the Home Secretary feel about being legally constrained by President Kagame?

[James Cleverly]

That speculation is not accurate. Within the whole of this negotiation, we have always made it clear that we would work within the boundaries of international law. Rwanda takes international law just as seriously as we do, which is why we are both completely comfortable that these proposals are within the bounds of international law.

[Richard Graham (Gloucester) (Con)]

Over the past few years, we have taken over half a million refugees from different parts of the world—women, children and others—from countries in extreme difficulties. Does my right hon. Friend agree that if we can stop people being trafficked across the channel in small boats, we may well be able to help more of those who are genuinely in the most danger?

[James Cleverly]

My hon. Friend is absolutely right. It is so important for us to break the trade in human misery being perpetrated by the people smugglers. This is a generous country. We do not want the people smugglers to abuse and erode that generosity. That is why getting this right and working with Rwanda is so important, and why I am proud of how hard the Rwandans have worked to ensure that their institutions are robust, fair and impartial.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I want to know how much this shambles has cost the British taxpayer so far and how much it will continue to cost us. The treaty means that we would be obliged to support someone in Rwanda for up to five years. What estimate has the Home Secretary made, under the terms of the treaty, of how much it will cost to support just one person for the full five years?

[James Cleverly]

Again, I find this rather strange. As the House knows, I have already answered that in saying that it will be reported in accordance with the commitments that have already been made. However, I do think it is interesting how uncomfortable Opposition Members are with our having a partnership with an African country rather than an aid relationship. The mask has slipped on how the Labour party views countries such as Rwanda, which are advancing and developing and which seek to be treated as partners rather than just recipients of aid.

[Harriett Baldwin (West Worcestershire) (Con)]

The UK-Rwanda partnership is a long-standing one. I first went to the country 15 years ago and have returned many times since, including when I was serving as Africa Minister. How many of the Opposition Members who are railing against the deal or the judges who have criticised the deal have been to the now Commonwealth country of Rwanda?

[James Cleverly]

My hon. Friend asks an incredibly important question. I have recently returned from Rwanda. I have had extensive dealings with the Rwandan Government—a Commonwealth partner, as she said. It is a country whose political leadership in many, perhaps most, cases have themselves been refugees. They have huge pride in their country and a plan to see it genuinely step up and be a serious player on the world stage. This partnership with the UK is part of Rwanda’s plan for development and advancement. We should support countries such as Rwanda, which are seeking to solve the world’s problems rather than being part of the world’s problems.

[Christine Jardine (Edinburgh West) (LD)]

I am afraid that I have heard nothing from the Home Secretary today that persuades me that the Rwanda policy is anything other than immoral, expensive and unworkable. Earlier today, his predecessor told the House that she believed that if the policy did not work, the Conservative party would face “electoral oblivion”. I wonder whether the Home Secretary accepts that it could be facing that situation because the policy is unworkable.

[James Cleverly]

Obviously, my plan is to make this work.

[Mr David Jones (Clwyd West) (Con)]

My right hon. Friend is to be congratulated on his commendable efforts to address a problem that is a major source of concern to all our constituents by concluding the treaty with Rwanda and publishing the Bill today. The Bill, as he will anticipate, will be closely scrutinised by colleagues, and I am sure he will be happy to answer questions, but could he assist me with one point? Clause 4(1)(b) specifically allows a court to consider an appeal

“on the grounds that…Rwanda is not a safe country for the person in question”,

based on that individual’s particular circumstances. Can my right hon. Friend say why that clause was inserted in the Bill, and can he assure the House that it does not in any sense frustrate the Bill’s intent?

[James Cleverly]

I can give my right hon. Friend the reassurance that we do not envisage that this will frustrate the Bill’s intent. It is important that claimants do have recourse, if only for factual errors. We are absolutely confident that the numerous measures that Rwanda has taken mean that it is in fact a safe country for the purposes of asylum, because of the capacity building that we and others have done with its judicial system and because of its treaty commitment on non-refoulement. Therefore, we are absolutely confident that this will go forward, but it is of course right that there have to be mechanisms for individual cases.

[Clive Efford (Eltham) (Lab)]

Can the Home Secretary confirm that he went to Rwanda intending to get a treaty that went much further than he has been allowed to go, and that what stopped him was that the Rwandan Government refused to be party to a treaty that did not recognise international law and conventions? What does it say about taking back control when Rwanda is dictating his immigration policy?

[James Cleverly]

The hon. Member’s question started with an error, and got worse from that point onwards. The simple fact of the matter is that we have been working with the Rwandans. They do not dictate to us, and we do not dictate to them. We negotiate in good faith, as mature democracies tend to do.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I thank the Home Secretary for his efforts to tackle a problem that is of great concern to my constituents in Sleaford and North Hykeham, and I welcome the assertion of parliamentary sovereignty because many of my constituents have questioned how courts can tell us what to do. However, there is a provision, as he says, for individual claims. Can he tell me in what circumstances such an individual claim could expect to be successful, and how long that and the appeal process would be expected to take?

[James Cleverly]

The provision for individual claims is nothing to do with the safety of Rwanda, and that is the important distinction that needs to be made. Of course, there do need to be provisions for appeals—that is a normal part of any judicial or legal process—but the point is that in this Bill we are taking a huge step forward in our ability to work with Rwanda on refugee assessment, administration and ultimate relocation.

[Hywel Williams (Arfon) (PC)]

The ECHR is fundamental to the operation of our Senedd in Wales. Has the Home Secretary taken full account of the danger that his proposals may deal a fatal blow to devolution as it is at present?

[James Cleverly]

We have no intention of leaving the ECHR, so the hon. Member’s concerns are unwarranted.

[Paul Holmes (Eastleigh) (Con)]

The Home Secretary has delivered his deal with his typical efficiency and transparency, and that should be welcomed, but one key aspect of immigration policy is the fast processing of claims in this country. Will he outline the progress the Government have made in that regard, and can he tell me and the House how it goes hand in hand with the Rwanda policy?

[James Cleverly]

My hon. Friend is absolutely right that this is part of a plan that has a number of elements. The speedy processing of asylum claims here in the UK is an important part of that. There has been a tenfold increase in the pace of asylum decisions, which is really important. That relieves pressure on asylum accommodation, which I know something about as the MP representing Wethersfield. We are absolutely determined that this plan, in conjunction with the other elements of our migration plan, will stop the boats, gain control of our borders and ensure that people know that those who come to the UK have done so through safe and legal routes, are adding to our society, are contributing to our economy, and know that they will be welcomed when they arrive.

[Sir Chris Bryant (Rhondda) (Lab)]

The Home Secretary has twice refused to answer the question of whether the Immigration Minister has resigned—but he has, hasn’t he? Has he resigned because he thinks that this policy does not stand an earthly chance of working, or has he resigned because he is embarrassed that a British Government would actually put Ministers above the law? In other words, has he resigned because he thinks this policy is crazy or because he does not think it is crazy enough?

[James Cleverly]

The hon. Gentleman always has an amusing turn of phrase, but his question is not one for me. If he wants to know what any particular Member of the House is thinking, he should ask that Member of the House.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I echo the Home Secretary’s praise of the patience shown by Rwanda, whose integrity has been severely impugned by those who oppose the treaty. The Strasbourg Court recently said that it was going to reform rule 39 indications, acknowledging their weaknesses. There would not be anonymous judges giving rulings, they would only be used in extremis and the Government would be allowed to put their case to weigh up the evidence. Rule 39 indications did not form part of the original European convention on human rights in any case, so how confident is my right hon. Friend that challenges to Rwandan deportations will not now fall foul of rule 39 interim orders under the terms of the new treaty?

[James Cleverly]

My hon. Friend makes an incredibly important point, which proves that, when the UK makes our case in international institutions such as the ECHR and others, we are listened to, our views are respected and changes are made. That is why reform of these institutions is important and is done, often because of the points that the UK makes. He is absolutely right: the legislation that supports the treaty, which is the really important element of this, will mean that we are much better able to send people who should not be in the UK to Rwanda for their asylum applications and to start a new life in a country that is increasingly well prepared humanely and effectively to home them.

[Imran Hussain (Bradford East) (Lab)]

The reality is that the Government are making a mockery of international law and playing with people’s lives. The Home Secretary referenced his plans to tackle illegal migration, but his plans for legal immigration are just as draconian. Doubling the minimum income requirement for family visas to £38,700, knowing full well that hundreds of thousands of families will be torn apart, is nothing less than calculated, vindictive and punitive. Is the Home Secretary really prepared to tear up international law and tear families apart just so that he can throw some red meat to his hard-right Tory Back Benchers?

[James Cleverly]

We are not breaking international law.

[Bob Blackman (Harrow East) (Con)]

Clearly, the most important thing about this proposal is to deter desperate people from leaving a safe country and making the riskiest journey possible across the busiest sea lane in the world. Can the Home Secretary update us on the position? The message that needs to go to the people smugglers and those desperate people is: “If you make this desperate journey you will be removed to Rwanda, a safe country, for processing”—and this is the key point—“from now on, not in many months’ time.”

[James Cleverly]

My intention, and the intention of the Government, is to ensure that this is operationalised as quickly as possible. My hon. Friend makes an incredibly important point: those people who have been smuggled across Europe by these people smugglers find themselves on the coast of France, a safe, prosperous and welcoming country, and are encouraged by those evil people smugglers to get on increasingly fragile and unseaworthy vessels to try to cross the busiest shipping lane in the world, at huge personal risk, in order to come to the UK. The message that they have to hear is, “Do not make that dangerous journey, because you will not be able to stay in the UK. If you want to come and live and work here, do so by the safe and legal routes that are available to you.”

[Chris Stephens (Glasgow South West) (SNP)]

The Home Secretary has continuously said that this Bill complies with international law. How does he square that with the statement on the front of the Bill that he is

“unable to make a statement that, in my view, the provisions of the Safety of Rwanda (Asylum and Immigration) Bill are compatible with the Convention rights”?

[James Cleverly]

Because what the statement on the front of the Bill says is clear—the words are unambiguous —but I am also absolutely certain that we are in accordance with international law. The two are not interchangeable.

[Kevin Foster (Torbay) (Con)]

As I know all too well, it is easy to throw rocks and criticise from the sidelines on immigration; it is a lot harder to actually get on and deliver something. What has been published today brings up questions about the law and how it will be implemented —the practicalities of getting people to Rwanda—and a couple of points came to mind. First, if someone does appeal, would that appeal be non-suspensive of their transfer to Rwanda so that they could still be removed, pending a final decision on their claim? Secondly, on getting planes off the ground, we cannot put someone on just any plane to implement this, so has the Home Secretary raised with the Ministry of Defence the prospect that its aircraft might be used for the transfer?

[James Cleverly]

As my hon. Friend will understand, I do not want to go into too much detail about all the operational procedures at this point, but I can reassure him that we are thinking about the logistics. Within Rwanda, there is a well-matured process whereby people can escalate their claims in a way that is completely consistent with international law. The Rwandans are very keen to demonstrate their conformity with international law, just as we are.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Four days before International Human Rights Day, it is shameful that we are seeking to disapply parts of the Human Rights Act for a certain group of people, and it make me feel incredibly sad. Does the Attorney General agree that the Rwanda treaty complies with international law, and can we see her written advice?

[James Cleverly]

As the hon. Lady will know, the advice of the Attorney General—who is not in her place any more—is for Government. The Government have made it clear that this is in conformity with international law.

[Paul Bristow (Peterborough) (Con)]

Will the legislation mean that it is the British Government, elected by the British people, who determine who comes to this country and in what circumstance, free from international and domestic judicial challenge and individual judicial review?

[James Cleverly]

The point is that it is the job of this Government to make decisions about immigration policy. I reinforce the point that we are a generous country—we have proven that over and over again. We are an open-minded and generous people. This House reflects the attitude of the British people, which is one of generosity, but we also expect people to play by the rules. That is embodied in this piece of legislation, and I can confirm that our view is that it is the voice of this House that should determine our immigration policy, not anyone else.

[Ashley Dalton (West Lancashire) (Lab)]

The Home Office safeguarding Minister, the hon. Member for Newbury (Laura Farris), has confirmed on air that the Immigration Minister has resigned. Can the Home Secretary confirm that? Did he know about it?

[James Cleverly]

That has been confirmed. I regularly speak to Ministers in the Department but, ultimately, these questions should be about the Bill rather than individual Members.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

If the Immigration Minister, who is a good man, has resigned over this Bill, that is deeply worrying. I want to hear the verdict of the star chamber chaired by my hon. Friend the Member for Stone (Sir William Cash) but, while we await that verdict, the Home Secretary pointedly ducked several questions about individual appeals. Every person we would seek to send to Rwanda is an individual. If they can continue to appeal and appeal in order to delay being put on a flight, what is the point of the Bill?

[James Cleverly]

The point is that all legal and judicial processes have an appeal process. By extension of my right hon. Friend’s argument, the point that there is an appeal process in UK criminal law, for example, would mean that no one ever goes to prison, and my right hon. and learned Friend the Secretary of State for Justice has just been discussing prison places.

The point is that an appeal process is an important part of any legal process. It will not preclude people from being sent to Rwanda. This is a robust scheme that strengthens our position and ensures that the decisions we make in this House—that he, I and others make in this House—define the UK’s immigration policy, not decisions made by unelected people elsewhere.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I remind the Home Secretary to face forward, so that his voice is picked up more easily and so that people can see him.

[Jim Shannon (Strangford) (DUP)]

The Home Secretary and the Government will be aware that there has been some surprise at the reciprocal agreement to welcome Rwandan refugees to the United Kingdom. How can he demonstrate the safety of Rwanda as a third country while simultaneously accepting the conditions that produce refugees?

[James Cleverly]

The hon. Gentleman asks a very important question. This part of the treaty reflects the previous memorandum of understanding that has been in place for some time, and it is particularly tied to non-refoulement. It is envisaged that it will be used only in very exceptional circumstances, as I said in my statement. If there are circumstances where, for whatever reason, a refugee we have sent to Rwanda cannot remain there—these will be exceptionally rare cases—the only place they can be returned to will be the UK.

[Richard Drax (South Dorset) (Con)]

Does my right hon. Friend agree that all these human rights laws were simply not designed for the massive problem of illegal, mainly economic migration that we face today, and that a review is urgently needed?

[James Cleverly]

These frameworks, of which we were a founding nation, were designed to deal with some of the issues we saw in the mid-20th century, with often large numbers of people moving relatively short distances for a limited period of time to flee either persecution, abuse or conflict. We are now living in fundamentally different circumstances. There is an industrial-scale attempt to use those important, well-intentioned laws and frameworks to facilitate an evil trade, the like of which we probably have not seen since the dark days of the international slave trade. It is incumbent upon us to put in place frameworks that protect those people who are being manipulated, smuggled and abused by people smugglers. We are seeking to do that with our friends in Europe, Africa and other parts of the world.

[Rachael Maskell (York Central) (Lab/Co-op)]

If Rwanda is a safe jurisdiction, as the Home Secretary is trying to legislate to say that it is, can he explain why he believes there needs to be a provision in his Bill to override the powers of the courts?

[James Cleverly]

The Supreme Court judgment to which we are responding highlighted two particular areas, and the treaty addresses both those areas. It is the actions that Rwanda has taken in regard to strengthening its institutions and the commitment it has made to non-refoulement that will enable us to say in the Bill, reflecting on the treaty, that it is a safe country for these purposes. As I said in my response to an earlier question, the UNHCR relies on Rwanda for its refugee processing and it is therefore clear through its actions, if not its words, that it also regards Rwanda is a good partner for these purposes.

[Sir Bill Wiggin (North Herefordshire) (Con)]

Like the Home Secretary, my constituents want to welcome genuine asylum seekers such as the Ukrainians and the Afghans who now live in my constituency. He will have detected some disquiet on the Conservative Benches about potential elements of the Bill, so will he assure the House we will be able to offer amendments that may improve it, if necessary?

[James Cleverly]

The Bill will go through the House, and although we are seeking to do this at pace, it will go through the processes. I have no doubt that hon. and right hon. Members will want to put forward amendments and of course the Government will listen to all ideas that seek to improve the efficiency of the Bill.

[Mr Clive Betts (Sheffield South East) (Lab)]

Does the Home Secretary agree that our constituents would expect that, before we vote on any measure in this House, we thoroughly understand what it is going to cost? In the end, it is not our money we are spending; it is their money. Coming back to a question that he did not answer before, will he give a figure for how much it will cost this Government—our constituents—for each asylum seeker sent to Rwanda for the whole five years they are there? If he will not give us a figure now, will he agree to give a figure before we are asked to vote on the Bill?

--- Later in debate ---

[James Cleverly]

The Government have committed to releasing the figures on an annual basis—[Interruption.] The point I would make to the House on dealing with migration, securing our borders and tackling international criminal gangs is that none of these things are for free. We do these things because it is the right thing to do. The money that this country spent on the West Africa Squadron of the Royal Navy to break the international slave trade was not a small amount of money, but it was the right thing to do. It broke an evil trade and we are committed to breaking this evil trade.

[Sir Christopher Chope (Christchurch) (Con)]

Will my right hon. Friend pay tribute to the Immigration Minister, who has apparently just resigned, and thank him for all the hard work he has put into trying to resolve these issues over several years, including working on this Bill? Does my right hon. Friend feel that the Government will be inhibited in their implementing of the Bill by the absence of the Immigration Minister? Will he also answer the concern that been raised on several occasions during this exchange—namely, that the Bill might be fine for dealing with the issue of Rwanda as a safe country in general but that it does not deal with the issue of individuals who might want to make claims based on their own individual circumstances on why they should not go to Rwanda?

[James Cleverly]

I have said from this Dispatch Box and in a number of other locations how much I value the work of the Immigration Minister. He has done a huge amount of work on this and in a number of other areas, and the work he has done to drive down small boat arrivals by a third has been absolutely instrumental. I have no doubt that the whole Government will work to ensure that this legislation achieves what I think we should all want to achieve, which is to break the business model of the people smugglers and to prevent people from being abused by them in an attempt to come and live in the UK.

[Joanna Cherry (Edinburgh South West) (SNP)]

From the point of view of those of us who believe in the rule of law, the separation of powers and the universality of human rights, there are at least three extraordinary things about what the Home Secretary has said this evening. First, he says that he does not have confidence in the domestic courts of the United Kingdom because they cannot always be relied upon to do what he wants them to do. Secondly, he says that he will replace the jurisdiction of the domestic courts of the United Kingdom with ministerial fiat in relation to interim measures passed by a court presiding over a treaty to which we are fully signatories. Thirdly, as Jonathan Sumption has said, it is extraordinary for the law to say that the facts are other than they are, and then to oust the jurisdiction of the courts from determining whether that is the case. It is not just extraordinary; it is also not compliant with article 6, and of course the European convention on human rights is part of our domestic law by virtue of the Human Rights Act, which the Home Secretary is not repealing.

My question for the Home Secretary is this: is he proud of driving a coach and horses through the British constitution?

[James Cleverly]

What I am absolutely proud of is the fact that we are seeking to break the business model of the people smugglers. We recognise that, as the threat from organised criminality and the tactics of people who prey on the weak and vulnerable and put their lives at risk evolve, so our response has to evolve. This is an international problem, and we are resolving it through international relationships. I am proud of the work that Rwanda has done to reform its institutions, with our support and the support of others. We on this side of the House will not rest until the people-smuggling gangs have been broken.

[Sir Robert Goodwill (Scarborough and Whitby) (Con)]

I have been listening carefully to the questions from Opposition Members, and there have been a good many references to human rights, but surely the ultimate human right is the right to life. Does the Home Secretary agree that once this legislation is passed and comes into effect, fewer people will go to a watery grave in the English channel?

[James Cleverly]

My right hon. Friend has made a fundamental point. Every story I read of people who have drowned in the channel or the Mediterranean because their desire for a better life has been manipulated by criminals is heartbreaking, as I am sure it is for every Member of the House, and we are duty-bound to do something about it. Hand-wringing and stone-throwing from the Opposition Benches will not save those people’s lives, so we choose to take action. We choose to break the criminal gangs, and we are working with international partners in Africa, on the continent and elsewhere to break the business model of those gangs. Opposition Members can either help, or they can stand aside while we try to do the right thing and prevent people from dying in the seas.

[Lilian Greenwood (Nottingham South) (Lab)]

The deputy chair of the Conservative Party has said that the Government should just ignore the law and send people back anyway. Does the Home Secretary agree with the deputy chair of his party, and if he does, can he tell us when the Conservative party became the party that ripped up laws and supported disorder?

[James Cleverly]

We absolutely abide by international law.

[Robin Millar (Aberconwy) (Con)]

Immigration, by any admission, is a complex, long-standing and developing challenge. I have listened carefully to the concerns, the obstacles and the different perspectives that have been raised this evening through questions, and I have also noticed the confidence with which my right hon. Friend has answered many of those questions. May I ask him to look ahead and say when he expects to be able to return to the House and declare the Bill a success?

[James Cleverly]

The timing of the passage of any Bill is in the hands of the two Chambers of this Parliament. We are not in control of the total timescale, but of course we are determined to move quickly. Every day that we delay in addressing the criminality of organised criminal people-smuggling gangs, more people’s lives are put at risk. We intend to work quickly, and we seek the support of their lordships to move quickly, so that we can get a grip on this terrible situation and so that this set of proposals, in conjunction with the others that we are already implementing, can break the model of the people-smuggling gangs, save lives at sea, and encourage people who want to come to live and work in this country to do so by means of the numerous safe and legal routes that we have in place.

[Stephen Farry (North Down) (Alliance)]

I am opposed to the entirety of the Bill on policy grounds, but, as a Northern Ireland MP, I have a particular duty to highlight the importance of the Human Rights Act to the Good Friday agreement, especially in respect of policing and justice reform; to article 2 of the Windsor framework; and to the policing and justice chapter of the EU-UK trade and co-operation agreement. May I ask the Home Secretary what steps his Department has taken to screen this policy and this Bill against all three of those?

[James Cleverly]

We are absolutely committed to maintaining peace in Northern Ireland. It is something that many people have spent their whole political lives pursuing and protecting. I assure the hon. Gentleman that we will always seek to protect the peace that so many people have worked so hard to bring.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

Rwandan Foreign Affairs Minister Biruta has said tonight:

“Without lawful behaviour by the UK, Rwanda would not be able to continue with the Migration and Economic Development Partnership.”

Without lawful behaviour, Home Secretary? It is being reported in the press that the Rwandan Government are getting cold feet because this deal is too toxic for them. Is that the case?

[James Cleverly]

No.

[Peter Grant (Glenrothes) (SNP)]

The Home Secretary wants us to take great comfort from the fact that the treaty with Rwanda will be binding in international law. Then, in the next page of his statement, he assures us that next week he will bring in legislation that will, in certain circumstances, make it a legal requirement for British courts to act contrary to that same international law. How can he expect Rwanda to comply with its treaty obligations when his Government will pick and choose what treaties they comply with and what treaties they tear up?

[James Cleverly]

We will absolutely remain in compliance with international law.

[Alex Cunningham (Stockton North) (Lab)]

The Home Secretary has used some choice language in this place, and in recent times he associated a particular favourite word of his to his own Government’s Rwanda policy. What specific changes have been made for him to become such a robust defender of it now?

[James Cleverly]

I am not quite sure what the point of that question was, Mr Deputy Speaker. If the hon. Gentleman really wishes for me to do so, I can clarify the points I made that he refers to, but I suspect that he does not really want me to.

[Richard Foord (Tiverton and Honiton) (LD)]

In her personal statement this afternoon, the former Home Secretary, the right hon. and learned Member for Fareham (Suella Braverman), said that she had been unable to obtain the support of other Government Departments for her preferred method of dealing with applicants for asylum. She said:

“we must build Nightingale-style detention facilities to deliver the necessary capacity… The only way to do this…is with the support of the Ministry of Defence.”

Russia is on manoeuvres, more than 20,000 British troops are being deployed across northern Europe next year, and the Conservative Government are seeking to shrink the Army to 73,000. Does the Home Secretary, who was the Foreign Secretary last month, think that our armed forces should be training for war or for kettling asylum seekers into camps?

[James Cleverly]

Again, I am not at all sure how that question has anything to do with the proposals that we have put forward, but the hon. Gentleman will know that this party of Government will always support strong defence of this nation, unlike the Opposition parties.

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

It is clear to the country that the Government are riven with division and chaos on this issue. Some still think that these plans are batshit, and some think that they do not go far enough, including the Immigration Minister, who has resigned. In an earlier answer today—

--- Later in debate ---

[Neil Coyle]

Okay. In an earlier answer, the Home Secretary said that the Immigration Minister would be attending the Home Affairs Committee next Wednesday. Given that he has been embarrassed by his own team today, who will now be attending the Committee to take questions on this issue? Will it be him?

[James Cleverly]

It will be the Immigration Minister.

[Mr Deputy Speaker]

Thank you very much for your statement, Home Secretary, and for answering questions for well over an hour.

[Alison Thewliss]

On a point of order, Mr Deputy Speaker. Accuracy is incredibly important in this House, and I would not want something incorrect to be on the record. The Home Secretary said in his statement:

“Other countries have since copied our plans with Rwanda”.

I can find no evidence that that is accurate. Can you advise on this point of accuracy, Mr Deputy Speaker, because no country is copying the plan with Rwanda?

[James Cleverly]

Further to that point of order, Mr Deputy Speaker. A number of countries are exploring third-country—

[Alison Thewliss]

So it is not true.

[James Cleverly]

I’m sorry?

[Alison Thewliss]

“Exploring” is not “copying”.

--- Later in debate ---

[James Cleverly]

A number of countries are exploring third-country asylum processing. The example that springs most rapidly to mind is Italy’s relationship with Albania.

[Alison Thewliss]

Further to that point of order, Mr Deputy Speaker. On a point of accuracy, those who are being moved to Albania will be under Italian law. That is not the case in the Rwanda plan.

Legal Migration

James Cleverly Excerpts

Monday 4th December 2023 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

With permission, Madam Deputy Speaker, I would like to make a statement on legal migration.

Migration to this country is far too high and needs to come down. Today, we are taking more robust action than any Government have before in order to bring it down. Since my first day in the Home Office, just three weeks ago, I have been determined to crack down on those who try to jump the queue and exploit our immigration system. I have been working closely with my right hon. Friend the Immigration Minister on this subject. The recent figures from the Office for National Statistics show a provisional estimate of net migration for the year ending June 2023 of 672,000. While that is lower than the ONS estimate for net migration for the year ending December 2022, it is still far too high.

When our country voted to leave the European Union, we also voted to take back control of our borders. Thanks to this Conservative Government, we now have a points-based immigration system through which we can control who comes to the UK. We prioritise the skills and talent we need to grow our economy and support our NHS, and we have a competitive visa system for globally mobile talent; for example, last year we expanded health worker visa access to address the urgent need for more social care workers. The whole country can be proud that in the past decade we have also welcomed more than half a million people through humanitarian routes—people from Ukraine, Hong Kong and Afghanistan, including 85,000 from Ukraine and Hong Kong in the past year alone.

The British people will always do the right thing by those in need, but they also, absolutely rightly, want to reduce overall immigration numbers. That means not only stopping the boats and shutting down illegal routes, but a well-managed reduction in legal migration. People are understandably worried about housing, GP appointments, school places and access to other public services when they can see their communities growing quickly in numbers.

From January 2024, the right for international students to bring dependants will be removed unless they are on postgraduate courses designated as research programmes. We always want to attract the global brightest and best. We have also stopped international students switching out of the student route into work routes before their studies have been completed. These changes will have a tangible impact on net migration; around 153,000 visas were granted to dependants of sponsored students in the year ending September 2023.

Today, I can announce that we will go even further, with a five-point plan to further curb immigration abuses that will deliver the biggest ever reduction in net migration. In total, this package, plus our reduction in student dependants, will mean that around 300,000 fewer people will come to the UK in future years than came last year.

These measures are possible because we are building up our domestic workforce and supporting British workers. Thanks to the excellent work of my right hon. Friend the Work and Pensions Secretary, our back to work plan will help people stay healthy, get off benefits and move into sustainable employment. It builds on the ambitious £7 billion employment package from the spring Budget to help up to 1.1 million people with long-term health conditions or disabilities, or who have been in long-term unemployment, to look for work, get into work and stay in work. We are also investing heavily in helping adults learn valuable skills and prepare for the economy of the future, and of course we have world-class universities that help in that endeavour.

The first point of our five-point plan will be to end the abuse of the health and care visa. We will stop overseas care workers bringing family dependants, and we will require care firms in England to be regulated by the Care Quality Commission in order to sponsor visas. Approximately 120,000 dependants accompanied 100,000 care workers and senior care workers in the year ending September 2023. Only 25% of dependants are estimated to be in work, which means that a significant number are drawing on public services rather than helping to grow the economy. We recognise that foreign workers do great work in our NHS and health sector, but it is also important that migrants make a big enough financial contribution. Therefore, we will increase the annual immigration health surcharge this year by 66%, from £624 to £1,035, to raise on average around £1.3 billion for the health services of this country every year.

Secondly, we will stop immigration undercutting the salaries of British workers. We will increase the skilled worker earnings threshold by a third to £38,700 from next spring, in line with the median full-time wage for those kinds of jobs. Those coming on health and social care visa routes will be exempt, so we can continue to bring in the healthcare workers on which our care sector and NHS rely.

Thirdly, we will scrap cut-price shortage labour from overseas by ending the 20% going rate salary discount for shortage occupations and reforming the shortage occupations list. I have asked the Migration Advisory Committee to review the occupations on the list because of our new higher skilled worker salary threshold, and we will create a new immigration salary list, with a reduced number of occupations, in co-ordination with MAC.

Fourthly, we will ensure that people bring only dependants whom they can support financially, by raising the minimum income for family visas to the same threshold as the minimum salary threshold for skilled workers, which is £38,700. The minimum income requirement is currently £18,600 and has not been increased since 2012. This package of measures will take effect from next spring.

Finally, having already banned overseas master’s students from bringing family members to the UK, I have asked the Migration Advisory Committee to review the graduate route to prevent abuse and protect the integrity and quality of the UK’s outstanding higher education sector. It needs to work in the best interests of the UK, supporting the pathway into high-quality jobs for the global talent pool, but reducing opportunities for abuse. This package of measures, in addition to the measures on student dependants that we announced in May, will mean that around 300,000 fewer people will be eligible to come to the UK than came last year. That is the largest reduction on record.

Immigration policy must be fair, consistent, legal and sustainable. That is why we are also taking the fight to illegal migration. Our plan to stop the boats is working. Small boat arrivals are down by a third, even as illegal migration across the rest of Europe is on the rise.

Today we have taken decisive action to reduce legal migration with our five-point plan. Enough is enough. We are curbing abuses of the healthcare visa, increasing thresholds, cutting the shortage occupations list discount, increasing family income requirements and cutting the number of student dependants. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Home Secretary.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I thank the Home Secretary for advance sight of the statement.

Today’s statement is an admission of years of total failure by this Conservative Government—failure on the immigration system and failure on the economy. It is another example of the total chaos at the heart of this Government. Net migration has trebled since the last election, when the Conservatives promised to reduce it, as a result of their policies on the economy and on immigration, including the Prime Minister’s policy decisions. In a chaotic panic, the Prime Minister now opposes the policies that he introduced and thinks that the Government’s own decisions are a problem. Who does the Home Secretary think has been in charge for the past 13 years? More chaos, more veering all over the place.

Net migration should come down. Labour has called for an end to the 20% unfair discount, for increased salary thresholds to prevent exploitation and for the inclusion of advice from a strengthened Migration Advisory Committee. Most of all, we have called for a proper plan, with clear links between the immigration system, training and the economy, and workforce plans, none of which are in the statement, because the Government have no grip and no proper plan. This is a chaotic approach.

Immigration is important for Britain, and we have rightly helped Ukraine and Hong Kong. We benefit from international talent and students. That is why the immigration system needs to be controlled and managed, so that it is fair and effective, and why net migration should come down from record levels. But there needs to be a proper plan. It was this Conservative Government who brought in the 20% wage discount that allowed employers to recruit at less than the going rate, even though the Migration Advisory Committee warned against it, and even though it is completely unfair. They chose to apply salary thresholds that were lower than the Migration Advisory Committee originally proposed, and to not update them for years. As Chancellor and then as Prime Minister, the right hon. Member for Richmond (Yorks) (Rishi Sunak) repeatedly blocked proposals to tighten the rules, including in May this year, and including when the Government refused Labour’s calls to end the unfair 20% discount. They repeatedly failed to listen to warnings about the failure to train or pay properly in the UK. Twelve months ago, I warned that work visas had substantially increased as a result of major skills shortages in the UK and that the Conservatives were not taking any serious action to address those shortages. The Leader of the Opposition warned 12 months ago that the immigration system should be linked to new requirements to train up workers at home, but the Conservatives did nothing; unbelievably they are still doing nothing.

There is nothing in this statement about training requirements or workforce plans. The Conservatives say that they want fewer shortage occupations, but it was only four months ago that they added bricklayers, roof tilers and plasterers to the shortage list. They have totally failed on construction training, and there are no plans to tackle that. Engineering apprenticeships have halved since 2018, so it is no wonder that engineering visas have gone up. Again, there is nothing to tackle those failures.

Social care visas have gone up from 3,500 a year to more than 100,000 a year because the Government have failed for years to heed warnings about recruitment and retention in social care. They halved the budget for social care workforce recruitment and support back in the spring, and they are still not listening and still refusing to adopt Labour’s plan for a proper workforce strategy for social care, including professional standards and a fair pay agreement. They are failing to tackle the delays in the asylum system that have also pushed the net migration figures up. They are failing to tackle NHS waiting lists that are preventing the long-term sick from going back to work.

The Prime Minister is just crashing around all over the place, reversing policies that he introduced, criticising policies he defended six months ago and introducing new immigration policies without any of the economic policies to match. A previous Prime Minister was accused of being a shopping trolley, veering around from one side to another. The current Prime Minister is clearly veering, but he certainly is not steering; he has just climbed into someone else’s shopping trolley and is being pushed around all over the place.

Can the Home Secretary tell us where the workforce plan is on social care, on engineering, on bricklaying and on all the shortage occupations that the Government’s total economic failure has left us with? Has the Migration Advisory Committee advised on these policies? Where are the reforms to strengthen the committee so that it can do so? Why have the Government still not introduced our requirements on employers or on the Government to address the skills and labour shortages that are driving the increase in net migration in the first place? The Conservatives are in chaos. They have no serious plan for the economy, no serious plan for the immigration system, and no serious plan for the country. Britain deserves better than this.

[James Cleverly]

I was waiting for the policy announcement from the Labour party, and sadly I am still waiting. The right hon. Lady talks about skills training. Hers was the party which, in government, dissuaded people from investing in their own skills, telling people that the only good job was a graduate job, undermining apprenticeships. That is something we have set about repairing through our entire time in government. Hers was the party that, in government, failed to put transitional measures in place when the EU expanded, importing significant numbers of people in the construction industry, which meant there was a disincentive to investing in people, technology and productivity—a situation that she now decries. She fails to make reference to the £7 billion employment package announced in the spring Budget that will help 1.1 million people get back into work and stay in work.

When I was at the Dispatch Box in the days after my appointment, I said that Labour had a plan for migration. The problem that Labour Members have is that the plan they are proposing is the plan I am already implementing. Working with the Minister for Immigration, my right hon. Friend the Member for Newark (Robert Jenrick) since the day I was appointed, we have put forward the most substantial package of legal migration reforms that the country has ever seen. Their great idea is already being put in place by this great Government.

[Damian Green (Ashford) (Con)]

I am very pleased to welcome about four and a half of the five announcements that my right hon. Friend has made, particularly the crackdown on abuse of the dependants route, which has proved a weakness in the system over recent years, and the increase in the family visa rate. He was told that this will cause apocalyptic damage, but when I first introduced the visa 10 years ago and set the rate at £18,700, which he now says is too low, I was told it would be apocalyptic for family life in this country. It was not—it was the right protection—and I am glad he is increasing it now.

However, may I ask him about the health and care visa, and particularly about the inability of people to bring dependants with them? How many care workers does he think will be deterred by that? How many fewer will be coming here? There is a shortage of about 150,000 in the care sector at the moment, and I hope that the new approach is not a significant contributor to the reduction in numbers. If it is, it will cause damage to the care sector.

[James Cleverly]

My right hon. Friend asks an important question. My right hon. Friend the Immigration Minister and I have crunched the numbers in great detail. What we have seen through this scheme is the displacement of British workers. The total number of people in the sector has not increased by anywhere near as much as the number of people who have entered on the family visa route. We also suspect that, globally, there is significant surplus demand. Although an individual with a family might be dissuaded because of the restrictions on family members, someone who does not have those family commitments will almost certainly be willing to put themselves forward, so we do not envisage a significant reduction in demand because of the changes. It will mean, however, that we have the care workers we need and not the estimated 120,000 other people who have come with them in recent years.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Chris Stephens (Glasgow South West) (SNP)]

The statement will be judged on whether it is pandering to the right wing of the Home Secretary’s party or addressing the needs of the economy—[Interruption.] I see them all cheering.

On the 120,000 dependants figure, can the Home Secretary tell me how many of them are children? Is he suggesting that children should be going into work? He mentioned his discussions with the Department of Work and Pensions, but what discussions has he had with the Health Secretary? The Home Office figures show that 143,990 health and care worker visas were granted in the year ending in September. That is more than double the figure for September next year, which perhaps demonstrates the real impact that creating more barriers and red tape will have on the NHS and care sector. Finally, Professor Brian Bell, chair of the Migration Advisory Committee, recently warned that limits on overseas care worker numbers could see a situation whereby

“lots of people won’t get care.”

Does the Home Secretary recognise that his proposals may cause irrevocable harm to the care sector?

[James Cleverly]

The point about dependants is an incredibly important one. If the hon. Gentleman had listened carefully to the answer I gave to my right hon. Friend the Member for Ashford (Damian Green), I made the point that we do not envisage a reduction in the number of people working in the care sector, but a reduction in the number of people coming with those workers, the vast majority of whom are not in work. Whether they are children or out-of-work adults, the simple truth of the matter is that that creates a burden on the British welfare system, the education system, housing, school places and GP’s surgeries. The offer that we are making is clear: we are supporting the health sector and the social care sector, but we are doing so in a way that minimises the additional pressure on communities.

It is incredibly easy for us to say and do things that might superficially be viewed as generous, but the people who disproportionately carry the burden of the decisions we make are those on the lowest salaries, those who are struggling to find housing, and those who are on waiting lists. We should be conscious of their needs. That is why we are being thoughtful and careful about the people we are welcoming into our country.

[Several hon. Members rose—]

[Sir Jacob Rees-Mogg (North East Somerset) (Con)]

Does my right hon. Friend think it would be a good idea to have a cap on the number coming in?

[James Cleverly]

Although I understand the calls for a cap, in practical terms, managing a cap is difficult. We want to ensure that we are being as generous as possible to the people who contribute to our society and our economy. We also recognise that not every single individual is the same—a child could count as one person against a cap, as would an investor who may bring a huge number of jobs—and we want a difference between the two to be possible.

--- Later in debate ---

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

As the Home Secretary will appreciate, the Home Affairs Committee is keen to scrutinise the policies of the Home Office. At our meeting last week, that proved difficult because we could not get information about, for example, the cost of the Rwanda policy, asylum backlogs or the number of unaccompanied asylum-seeking children still missing from hotels. Can we please have an assurance from the Home Secretary that when the Immigration Minister appears before the Committee next week, we will have the full evidence base and economic impact for the policy announcements made today?

[James Cleverly]

I have no doubt that the Immigration Minister, who is hugely experienced in this portfolio, will come fully armed with facts and figures at his fingertips.

[John Redwood (Wokingham) (Con)]

We eased the driver shortage by training more people at home and paying them more. Is that not the right model for the scarcity occupations?

[James Cleverly]

My right hon. Friend is right. What we want is a high-skilled, high-productivity, high-wage economy. These proposals and the work that my right hon. Friend the Chancellor announced support that. Labour would do the opposite.

[Tim Farron (Westmorland and Lonsdale) (LD)]

These proposals—some of them, at least—will be met with absolute horror in the Lake district hospitality and tourism industry, which is a £3.5 billion industry. Twenty million people visit our communities every year, but because of the Government’s failure to provide sufficient affordable homes for local people and their stupid visa rules, we now have a massive workforce crisis. Two thirds of our businesses cannot meet demand because of inadequate numbers of workers. Has the Home Secretary spoken to anybody working in or managing the lakes hospitality industry, or does he not care what they think?

[James Cleverly]

My right hon. Friend the Immigration Minister met the Lake District tourist Board; so, specifically in answer to the hon. Member’s question, yes, he has. The simple truth of the matter is that we have analysed the figures, and we know which sectors have brought in the most people. Hospitality in the UK is an incredibly important sector and a fantastic employer of local people. That is what we want to see in that sector.

[Tim Loughton (East Worthing and Shoreham) (Con)]

The net immigration figures are unsustainably high, notwithstanding the large element of Ukrainian and Hong Kong people coming here, so I welcome most of the proposals, and particularly the action on dependants, which have gone up sevenfold since 2020, particularly pertaining to care and health workers. We have heard about care workers recruited to homes that do not exist and people traffickers putting together people awarded visas and dependants with whom they have no connection. How will measures be taken to ensure that the proposals are enforced and that such abuses do not continue?

--- Later in debate ---

[James Cleverly]

We have already started to take action, and the plans that we have put forward today will take that further. Ensuring that care homes are registered with the Care Quality Commission goes a long way to addressing the abuses that my hon. Friend discussed. We are putting forward plans that support our economy, our health sector and the British people in a clear, transparent, predictable and fair way.

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

Can the Home Secretary tell us which business groups or trade associations support the proposals and were involved in developing them? I have heard concerns from businesses today that our national economic interest is once again in the hands of Tory head-bangers.

[James Cleverly]

We continue to work extensively with business to ensure that their need for employees is supported, and to support our economy in a way that does not undermine communities or depress wages but supports the high-skill, high-wage economy that we aspire to. Clearly, the hon. Gentleman does not.

[George Eustice (Camborne and Redruth) (Con)]

Is not the problem with a skills-based immigration policy that it gives preferential access to bankers, lawyers, accountants and economists, even though we have no need for such people in this country? We have plenty of homegrown talent here. That makes it difficult to recruit the people we do need: care workers; people in the food industry and in manufacturing, or producing things generally; or in the tourism industry. Will the Secretary of State consider moving away from the failed skills-based migration policy towards one based on the needs of our economy?

[James Cleverly]

I have huge respect for my right hon. Friend, but the figures just do not bear out his assessment. The vast majority of people in the last couple of years’ worth of immigration figures are in the lower end of the skills spectrum. The figures do not bear out his point.

[Joanna Cherry (Edinburgh South West) (SNP)]

There is no evidence that immigration pushes down wages. I do not know if the Secretary of State has any elderly relatives in care, but I do. I know the invaluable contribution that overseas care workers make. Many are young men and women, for example from the Philippines, who are wonderfully hard-working, caring and very respectful of elderly people. Why should they be forced to leave their dependent children thousands of miles away in the Philippines?

[James Cleverly]

No one is being forced to do anything. If people choose to come here, they choose to abide by the rules that we put in place. That is completely fair and appropriate. My mother came to work in the NHS in the 1960s. We value the people from around the world who have come to support us, but it is right and fair that we put rules in place, that we let people know those rules and, if they wish to come and join us in this wonderful country and work in our wonderful society, it is right and fair that they abide by those rules.

[Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

My constituents will warmly welcome today’s announcement, because immigration figures in recent years are clearly unsustainable. Does it not speak volumes that we are described as head-bangers for pointing out what is blindingly obvious to Government Members? What consideration has my right hon. Friend given to an annual migration budget, so that we can all be held accountable in this House for the choices that we make on behalf of our constituents?

[James Cleverly]

My right hon. Friend makes an important point. Ultimately, the decisions that we make here affect the lives of others. We should always be conscious of the impact of our decisions. That is why we have listened carefully to those who have spoken of housing shortages and school places becoming harder to find in their local areas. With figures significantly higher than promised, they would want us to take action. We are now taking action—that was always part of taking back control. We hear over and over from Opposition Members that they do not want us to take action. They are fundamentally wrong on this issue.

[Alex Cunningham (Stockton North) (Lab)]

When it was raised last week by my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Home Secretary, it appeared that the Home Secretary did not even realise that foreign workers were being paid 20% less than UK workers—the so-called “salary discount”—but he has followed her good advice and I welcome the end of that discrepancy. How will the new payroll be applied to those already here?

[James Cleverly]

It will be brought in in the early part of next year, in close co-ordination with the Migration Advisory Committee. No one who is already here will be disadvantaged. Ultimately, we want a high skilled, high wage, high productivity economy. The shadow Home Secretary says that the Labour party wants to address those issues, but I made a quiet prediction to myself and others that each and every intervention from the Labour Back Benches would be in complete contradiction to her position from the Labour Front Bench. Let us see.

[Kelly Tolhurst (Rochester and Strood) (Con)]

I thank the Home Secretary for his statement on the measures he will be taking to bring down the number, which is too big and unsustainable, particularly for communities in the south-east. Now that he is making the best of being able to change the policy to suit the needs of this country, will he consider an annual review to alter the requirements and rules to suit the needs of this country over time?

[James Cleverly]

My right hon. Friend makes exactly the right point. Our promise to the British people was to take back control of our immigration system and our borders, a policy that was, at the time and subsequently, opposed by the Labour party. Taking back control means making adjustments, addressing the needs of our economy and our society. The changes I am putting forward today are in response to our economic needs, as well as our social needs.

[Rachael Maskell (York Central) (Lab/Co-op)]

There is a global skills shortage of health and care workers, so they have choices to go to other countries that will accept dependants. What message does the Home Secretary have for the 7.8 million people currently on the NHS waiting list, when we will not have the skills to provide the care they desperately need?

[James Cleverly]

As predicted, each and every one of the speakers on the Opposition Benches thus far has opposed the proposals I put forward, despite what the shadow Home Secretary said. As the hon. Lady will have heard me answer on two occasions, we do not envisage a reduction in demand because of the significantly large number of applicants that was originally envisaged when the visa scheme was put in place.

[Chris Grayling (Epsom and Ewell) (Con)]

I find it baffling, given that well over 1 million people came to this country in the past two years, that the Opposition parties do not seem to think it a good idea to scale back. I congratulate my right hon. Friend on this package. Will he also look at the question of those who come her to study? There is an automatic assumption at the moment that those who do so have a right to stay after they have studied and look for a job. There is a case for revisiting that and asking whether that is right in all circumstances.

[James Cleverly]

My right hon. Friend is right to draw our attention to students. Our university sector is a global success story and widely respected around the world. We want to make sure it maintains that reputation for quality. We want to make sure that the global brightest and best who choose to come to study and work here are genuinely the global brightest and best. Higher education should be a route to study and education, rather than a visa route by the back door.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Since the crew for fishing vessels was added to the shortage occupation list by the Government, only a handful of visas have been granted. That is not because of the earnings threshold—most would meet that requirement comfortably—but because of the requirement for the English language test at level B1. Why does the Home Secretary think that B1 is an appropriate level for somebody working on a fishing boat?

[James Cleverly]

An inability to speak English would hamper anybody, and it really is entirely reasonable to expect people coming here to work to be able to do so.

[Steve Brine (Winchester) (Con)]

This year, vacancies in adult social care fell a little—the figure now stands at a “mere” 152,000—which was due to a large increase in the number of care workers coming to this country as part of the shortage occupations list. The Library tells me that, as of September, there were 121,000 vacancies in the NHS. What exact changes does the Home Secretary envisage making to the shortage occupations list? Can he please show the workings-out of the changes to family arrangements, for which he said that he has crunched the numbers with the Immigration Minister? Above all, who did Ministers consult in the health and care sector ahead of today’s legal migration announcement?

[James Cleverly]

We asked the Migration Advisory Committee to look into these things—that it why it exists—however my hon. Friend makes a very important point, which speaks to why we are tightening the system to prevent abuse. Anyone looking at the numbers will see that a significant number of people have come through the health and social care visa system over the last couple of years, yet we have lost them from health and social care. That is not what any of us needs or wants. The right thing to do is to ensure that those who come are genuinely employed in that sector, which is where we need them—that is the promise that they have made to us, and that we have made to them. Ensuring that that is the case is the right and fair thing to do.

[Beth Winter (Cynon Valley) (Lab)]

The Minister said: “Migration to this country is far too high and needs to come down.” But as others have said, so many of those who come to this country make a critical contribution to our employment sectors, no more so than by filling the gaping holes in our social care and health sector. I would be interested to hear the Minister’s response to Unison, the social care trade union, which says:

“The care system would implode without migrant care staff.”

Does he not agree that a better, more humane approach would be to fund local government to improve social care pay and conditions?

[James Cleverly]

There we go again. As I have said, while the shadow Home Secretary says that immigration numbers are too high, each and every one of her Back Benchers disagrees with any action to deal with it. We have got to bring these numbers down, we have committed to do so, and we have put forward a thoughtful plan, which takes into consideration the needs of the health and social care sectors.

[Rachel Maclean (Redditch) (Con)]

I think the howls of outrage from the Opposition Benches highlight the inconsistency in Labour’s position, given that it was the party that wanted to overturn the referendum and introduce unlimited free movement of labour. Does the Home Secretary agree that pressure from migration puts pressure on local families and young people who want to buy or rent their own house, and will he consider that every time he grants more visas for people to come to this country?

[James Cleverly]

This is an incredibly important point, and it is why control of immigration is so important. We are a generous country. We have demonstrated that generosity time and time again, whether it be towards the Ugandan Asians, people from west Africa, people from Hong Kong or people from Ukraine. We are rightly proud, but it is also important that we prove that we are thoughtful about the implications for those who live here, whether they have lived here for decades, for years, or for generations. That is why it is right that we have put forward these proposals, which are carefully calibrated to support our economy and our health and social care needs, but also to bring down those figures.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

The net migration figure is now 672,000—three times the level at the 2019 general election, when the Conservatives promised to reduce it. Does the Home Secretary concede that the Tories have failed miserably on immigration policy, along with a whole host of other policies, and that that is why their time is now well and truly up?

[James Cleverly]

No, I do not.

[Sir Edward Leigh (Gainsborough) (Con)]

I congratulate the Government on taking a thoroughly common-sense view in raising the threshold to £38,000—and I say that as a senior citizen member of the New Conservatives—but the Home Secretary said in his statement:

“Those coming on health and social care visa routes will be exempt, so we can continue to bring in the healthcare workers on which our care sector and NHS rely.”

What does that phrase mean? Will such action not drive a coach and horses through this measure? Surely the solution is for the care sector to pay proper wages.

[James Cleverly]

We have recognised the recruitment challenge for domestic workers in the health and social care system, and we have made it clear on a number of occasions that we will not allow those extremely important public services, on which we rely, to be without the staff that they need. What we want to do is bring in the people who are employed in those sectors, but not the dependants whom they have typically brought with them. That will enable us to lower the headline numbers, which we have committed ourselves to doing, while protecting the health and social care sector, which we have also committed ourselves to doing.

[Mr Ben Bradshaw (Exeter) (Lab)]

The Home Secretary has admitted several times that we are losing people from the health and social care sector, both domestic workers and people whom the Government have brought in, but he has said nothing about increasing pay, has he?

[James Cleverly]

We have said over and over again that we are working towards a higher-productivity, higher-skilled, higher-wage employment sector, across all sectors of employment. What we have said is that the current visa regime has displaced workers, which is why we are changing it.

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

The people of Stoke-on-Trent, North Kidsgrove and Talke will welcome today’s announcements from the Home Secretary and the Immigration Minister, while also recognising the faux outrage of Opposition Members who can talk tough through their rhetoric from the Front Bench. The squirming on the Back Benches of uncomfortableness when it comes to talking about immigration is something that I thoroughly enjoy, especially as we know that they wish to return free movement via the back door. Will my right hon. Friend confirm that future reviews will look to stopping the dependency route for those on one-year Masters by Research degree courses as well?

[James Cleverly]

We have committed to doing a wider review of the higher education, post-graduate route, and I take my hon. Friend’s point on board. We have already taken action, but I commit to reviewing it, and once we have seen the outcome of the review, I will be able to update my hon. Friend and the House on the decisions that we make.

[Layla Moran (Oxford West and Abingdon) (LD)]

A choice could have been made between protecting the flank against Reform UK and backing British business. I do not understand how the Home Secretary can think that the way to create jobs for local people is to starve sectors such as the science industry of, for example, the lab technicians required to drive what they need to do. How on earth does he think that anyone in Oxford West and Abingdon will be helped to get a job when the industries that employ them are not able to grow?

[James Cleverly]

It would have been better had the hon. Lady listened to the points that were made about protecting the scientific community in and around Oxford by ensuring that we remain attractive to the global brightest and best, and protecting the people who need our protection in the health and social care sectors by ensuring that those sectors are staffed. The simple fact is, however, that we have committed ourselves to bringing these numbers down. What we are proposing will bring those numbers down, and will do so in a way that reinforces our commitment to a higher-skilled, more productive, higher-wage economy.

[Sir Julian Lewis (New Forest East) (Con)]

Does the Home Secretary accept that, in order for any large-scale immigration policy to succeed, it is necessary for people to wish to integrate? What steps are the Government taking to ensure that there is a smooth path to integration for those large numbers of people who come here?

[James Cleverly]

My right hon. Friend makes an incredibly important point. I replied earlier about the need for English language. If somebody is denied the ability to communicate in the country that they choose to call home, they will be permanently disadvantaged and find it harder to integrate. We want people to integrate; we want people to be and feel part of our communities. We want the communities that they move into to welcome them and to be confident that the immigration system of this country supports not only those new arrivals who choose to make this country their home but the people who already live here.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

After 13 years in power and seven years after we voted to leave the EU, I do not know why anyone would believe that this Government will reduce net migration in the way that is being claimed today. But if we assume the Home Secretary’s figures are right, net migration will still be higher than it was in 2019 when his party promised to reduce it. That is right, isn’t it?

[James Cleverly]

The simple truth is that the British people have far more confidence in the party that campaigned to take back control of its immigration system, than they do in the party that would maintain free movement and whose contributions from the Opposition Benches have, unsurprisingly, been in opposition to the decisions that we are taking to bring down the numbers of net migration.

[Steve Double (St Austell and Newquay) (Con)]

I very much welcome the announcement today, and particularly the measures to stop the abuse of the health and care visa. The Home Secretary will be aware of a number of bogus care companies that are charging people tens of thousands of pounds to come to this country, only to find that there is no job. Many of them are ending up in Cornwall. I think I understood him to say that these measures would be introduced in the spring. Can I urge him to look at bringing that forward so that we can end what is effectively people trafficking and ripping people off and the misery that it is causing?

--- Later in debate ---

[James Cleverly]

My hon. Friend is absolutely right. The people who are brought here on a false premise are victims of abuses of this system. We are already taking action to address those abuses, and this package of reforms goes further still, with the necessity to be subscribed to the Care Quality Commission. He is absolutely right to say that abuses hurt everybody, and we will continue to take action to address them.

[Patrick Grady (Glasgow North) (SNP)]

Net migration figures are also affected by the number of people who choose to leave the country, and since Brexit it has been much more difficult for people from Glasgow North who want to live, study or work in Europe for any extended period of time. What steps are the Government taking to negotiate more visa exchange programmes with the European Union and other countries that could allow the sharing of skills and experience across borders, with at the very least a neutral effect on net migration?

[James Cleverly]

Without wanting to drift back into my old portfolio, I have, in close co-ordination with my right hon. Friend the Immigration Minister, negotiated a number of youth mobility programmes to attract the brightest and the best. The hon. Gentleman talks about people leaving certain geographies. He might want to reflect on the fact that a significant number of people are leaving Scotland to come south of the border because of the pernicious income tax regime that the Scottish National party Government in Edinburgh have put in place.

[Lia Nici (Great Grimsby) (Con)]

I would like to thank my right hon. Friends the Home Secretary and the Immigration Minister for listening to us. I am sure that the measures he has announced today will be welcomed by constituents in Grimsby, but does he agree that we need these measures to come quickly and that we perhaps need more conditionality? For instance, if people are coming here supposedly to take up skilled or skill-shortage jobs but are not doing so, perhaps we should invite them not to stay.

[James Cleverly]

I thank my hon. Friend for her comments about these reforms, and I pay tribute to my right hon. Friend the Immigration Minister, who has been working on this for longer than the three weeks that I have been in this role. My hon. Friend is right to say that we want to bring people here in good faith and that we expect them to act in good faith. If they apply via a certain visa route, we expect them to abide by the conditionality of that visa route. If they contribute, play by the rules and do the right thing, they will always be welcome, but we take a dim view of those people who seek to abuse our hospitality.

[Clive Efford (Eltham) (Lab)]

Immigration figures have trebled since the 2019 general election, and it is worth reminding ourselves that, back then, the Conservatives told us that they were going to reduce immigration to the tens of thousands. The scale of the failure is enormous, as underlined by the Office for National Statistics, which says that 90,000 asylum seekers have been waiting over a year for their asylum cases to be dealt with, so more than 15% of it is due to the sheer incompetence of the Secretary of State’s Department. What is he going to do about that? I did not hear any reference to it in his statement.

--- Later in debate ---

[James Cleverly]

We have increased the pace of decision making in our asylum processing system tenfold. I remind the hon. Gentleman that in recent years we have made very generous offers to the people of Hong Kong and Ukraine. I know the British people will recognise which of our two parties will grip immigration, and it certainly is not his.

[Neil O’Brien (Harborough) (Con)]

This excellent package is a big step in the right direction, towards a higher-skill, higher-wage economy with less pressure on our housing and infrastructure. Will my right hon. Friend put in the Library the analysis behind his statement that this package, plus the previously announced reduction in student dependants, will mean that more than 300,000 people who came last year would no longer be able to do so? It would be interesting to understand how much of that is the previously announced reduction in student dependants, how much of it comes from each of the announcements made today and how it compares with the forecast for future migration laid out by the OBR in the most recent economic and fiscal outlook. Will he put that in the Library? A previous Government were rightly mocked for saying that only tens of thousands of people would come from eastern Europe, and they were completely wrong. As well as having a better policy, can we also have more transparency?

[James Cleverly]

My hon. Friend makes an important point, and I am more than happy to put in the Library our estimates of the impact of these announcements and the previous announcements.

[Jim Shannon (Strangford) (DUP)]

I understand exactly what the Home Secretary is trying to do on migration, and there is a need to do some of those things. I work closely with the Northern Ireland Fish Producers Organisation back home, and fishing is an industry that welcomes foreign workers as there is a clear shortage. When we left the EU, the fishing sector was promised that things would get better, that quotas would make stocks more available and that the fishing sector would therefore grow. The fishing sector welcomed that.

The minimum income was set at £18,600, whereas the average wage of a fisherman in Northern Ireland is £24,000. The English language became the next obstacle, and the fishing sector tried to agree to it. Will there be some realism on the skilled worker threshold of £38,700, which will not give the fishing sector the opportunity it needs to be active in employing people?

[James Cleverly]

I take the hon. Gentleman’s point. We will work with the MAC to ensure that, as we get rid of the shortage occupation list, we do not undermine key industries. I want to ensure that the fishing industry, whether in Northern Ireland or on the east coast of Scotland, can remain viable and profitable. That will always be part of our thinking.

[Miriam Cates (Penistone and Stocksbridge) (Con)]

I warmly welcome this statement and these measures. I thank my right hon. Friends, the Home Secretary and the Minister for Immigration, for listening to colleagues on both sides of the House, and especially those in our New Conservatives group. Extraordinary growth in immigration levels over recent years has been masking some long-term structural weaknesses in our economy, such as low productivity, high debt, falling birth rates and a negative balance of trade, by propping up the OBR’s superficial GDP growth figures. Does my right hon. Friend the Home Secretary agree that, in order to bring down immigration numbers permanently, the OBR must instead turn its attention to the kinds of growth that really matter to our constituents: skills growth, wage growth, housing growth and industry growth? In other words, real growth.

[James Cleverly]

I assure my hon. Friend that the Government remain relentlessly focused on those very issues. Increasing skills, increasing productivity and increasing investment in plant, machinery and technology to unlock the full economic potential of this country is at its heart. We will always make our case to the OBR. We will do what we know to be in the best interests of this country and of the people who work in this country.

[Richard Drax (South Dorset) (Con)]

I commend my right hon. Friend on at last tackling an unsustainable issue, but was he, like me, a little concerned that two very high-ranking officials were unable at a parliamentary Committee to answer basic questions on migrant issues? Will he assure me that this will not happen in future and that he will push through these five excellent points forthwith?

[James Cleverly]

I assure my hon. Friend that we will deliver these proposals with alacrity and at pace.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

My constituents believe migration figures are too high, so I welcome today’s statement and thank the Home Secretary and the Immigration Minister for their hard work to develop the proposals. We heard from the Opposition how some large businesses will bemoan the fact that they no longer have access to cheap labour undercutting the British workforce, but does the Home Secretary agree that raising the threshold to £38,000 means that businesses will need to invest in technology, higher wages and better conditions for the domestic workforce?

[James Cleverly]

To be really profitable, a lot of businesses understand that their best choice is to invest in their own businesses and people. Through the super-deduction policies put forward by my right hon. Friend the Chancellor, we are encouraging businesses to invest in technology to unlock productivity and in the people they employ, because we are committed to a high-wage, high-productivity, high-growth economy.

[Alexander Stafford (Rother Valley) (Con)]

I welcome today’s announcement, which will cut about 300,000 people off our net migration figures. Does the Home Secretary agree that the number of migrants the UK allows in each year should be directly proportionate to the number of new homes, GPs and school places we have, because at the moment the situation is completely unsustainable?

[James Cleverly]

An important part of taking back control of our migration processes is to give planners, particularly at local government level, some kind of certainty about the demand. We see the demand from migration fall unevenly across the UK, putting some communities, particularly coastal communities, under great pressure. We want to ensure we have a planned, controlled immigration system. We are making these changes and bringing the numbers under control so that local government planners and others have more certainty about the future.

[Tom Hunt (Ipswich) (Con)]

I welcome the measures, but it is a shame they have taken so long. They should have been published after the last ONS stats were published, when I suggested a number of ideas about how we could keep our promise to the British public. There is great cynicism among the public about politicians talking about immigration—they have heard it all before. Will the Home Secretary promise that in the months ahead, he will explicitly demonstrate to the British public that this time it is different, we mean it and they will see change?

[James Cleverly]

I assure my hon. Friend that the Immigration Minister and I had our first conversations on these figures before the ONS figures came out. I discussed the plans, which he had been working on for some time, within hours of being appointed to this role. We are working closely with the Treasury and other Departments on the implications. Across Government, the package is subscribed to and it will be delivered. While we recognise that it will not provide an instant fix—the House has to be realistic about that—we are committed to bringing the figures down and taking back control of our borders.

[Brendan Clarke-Smith (Bassetlaw) (Con)]

I warmly welcome the measures. I thank the Home Secretary for his highly robust statement and the Immigration Minister for his excellent work, which responds to the concerns of my constituents in Bassetlaw and the constituents of other Members. Does my right hon. Friend agree that the measures mean we will continue to bring the brightest and best to this country, as well as those seeking help and refuge, such as those from Ukraine and Hong Kong, but not those who, along with their dependants, do not represent a net benefit to the UK and who consume more than they contribute?

--- Later in debate ---

[James Cleverly]

I visited businesses in my hon. Friend’s constituency not long ago, and I could see the desire among the businesses that we met, whether they were traditional metalworking businesses or high-tech drone businesses, for the brightest and the best. They want people who are genuinely committed to contributing to our economy. That is the default setting of the British people. We are generous at heart, and we have a track record of being very generous, but we expect people to play by the rules and to contribute to our society and economy. That is not too much to ask. We are putting those conditions in place—conditions that, unsurprisingly, are opposed over and over again by all Opposition parties.

[Mr Rob Roberts (Delyn) (Ind)]

I declare an interest as the chair of the all-party parliamentary group for the Philippines. After the UK and India, the Philippines provides the third highest number of workers in our health service, and we would be in a very difficult place without their vital work to keep us safe and well. I welcome that people coming on the healthcare visa will be exempt from the increased salary requirements, but the cost of permanent residency remains extremely challenging and a barrier to entry. Given that the Home Secretary has spoken a number of times about integration, and the importance of such people in our communities, will he meet me and representatives of the Philippine Nurses Association to discuss how we might help them to make this country their permanent home as thanks for their amazing work?

[James Cleverly]

I recognise the contribution that medical professionals from the Philippines make to the UK; indeed, I was in Manila not long ago, just before I was appointed Home Secretary. I value their contribution. We want to ensure that we support the people who want to come here and work, that we fill those roles, and that by using technology—there is technological opportunity in the health and social care sector—we increase productivity to fund wage increases. I will of course speak with the hon. Member, and if my diary commitments allow I will try to find an opportunity to speak with representatives of the Filipino community in the UK as well.

Criminal Justice Bill

James Cleverly Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

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

Victims of crime must have justice, and lawbreakers must face the consequences of their actions. This Criminal Justice Bill will give the police the powers they need to crack down on criminals and ensure that those who pose the biggest threat to the public are imprisoned for longer. It will give the public greater trust in the police and more confidence that the system works for them. We have always faced criminal threats, but those threats mutate and evolve, so we have to stay ahead of them by updating our technological capability and also updating our laws.

We are building on strong foundations. Compared with the year ending spring 2010, as measured by the crime survey of England and Wales, domestic burglary is down 57%, vehicle-related theft is down 39% and violent crime is down by 52%. Police-recorded homicide is down by 15% and the number of under-25 NHS admissions for assault by a sharp object is down by 26% in the year ending June 2023, compared with the year ending December 2019.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I thank the Home Secretary for giving way. It is so good to see him in the Chamber now. Could he tell us what the percentage increase has been in knife crime since 2015?

[James Cleverly]

I do not have the figures to hand, but the—

[Yvette Cooper]

rose—

[James Cleverly]

The right hon. Lady has made an intervention. Let me make some progress now—[Interruption.] If she had the answer, she could have just stood up and said it rather than making this rather performative intervention. I will make some progress.

We have also taken the fight to the county lines drug gangs and to antisocial behaviour. Of course, these successes are not the Government’s alone, but we have enabled and supported that success with record funding for police; record numbers of police officers in England and Wales; expanding the powers to stop and search; and expanding the powers to tackle disruptive protests. Of course, we have also cut red tape, which means that more of those police officers are out on the beat fighting crime. We are building over 20,000 more prison places and ensuring that offenders face the toughest possible punishment for their crimes.

We will never rest, and we will go further still. This Bill will support the Government’s zero-tolerance approach to crime by giving the police, the courts and the other criminal justice agencies the powers they need to make our neighbourhoods even safer still.

Illegal drugs and knife crime bring chaos and misery to individuals. They destroy families and ruin neighbourhoods. Knife crime is a scourge in many of our cities and, during my time on the London Assembly and as a Member of this House, I have seen for myself the devastation it can bring to families.

Any family can be affected by drug misuse. I send a message to so-called casual users of recreational drugs that their actions underpin a vicious trade that has a profound and negative human cost. That is why we are giving the police more powers to seize and destroy bladed articles and to drug test more suspects upon arrest.

The Bill increases the maximum penalty for selling dangerous weapons to under-18s and creates a new criminal offence of possessing a bladed article with intent to cause harm. It will enable the police to seize, retain and destroy knives held in private when officers are lawfully on private property and have reasonable grounds to suspect the item or items will likely be used in violent crime.

The police will also be able to test individuals in police detention for specified class B and class C drugs, just as they can already test for specified class A drugs. This will mean that the police can direct more suspects using illegal drugs into treatment, which will help to reduce drug use, support recovery and, of course, cut crime. Those who refuse a drug test, or who fail to attend or stay for the duration of a directed drug assessment, may be committing a further offence.

[Tony Lloyd (Rochdale) (Lab)]

Although drug testing makes sense, it is also important that we have drug and alcohol treatment facilities, which are still very patchy across the country. Will the Home Secretary comment on what can be done to improve that patchiness?

[James Cleverly]

The hon. Gentleman makes an incredibly important point. Of course, this Bill focuses on the crime and criminal justice part of the equation, but he is right that treatment is important. That is why I am very proud that this Government have invested an extra £600 million in the very thing he raises, because we realise that, as well as having robust criminal justice action, we need those treatment facilities.

A tough but humane approach to illegal drugs is the only plausible way forward. The House knows that being a victim of any kind of crime is deeply distressing. No crime should be screened out by the police solely because they perceive it to be minor. In August, the police committed to following all reasonable lines of inquiry for all crime types. That is a hugely welcome development, and it is my job to give police forces every possible support in that endeavour.

The Bill confers additional targeted powers on the police to enter premises without a warrant to seize stolen goods such as mobile phones where they have reasonable grounds to believe that there are particular items of stolen property on the premises. GPS location tracking technology, for example, could provide such grounds. This gives the police an opportunity to address a particularly prevalent crime type. The Bill also gives the police greater access to the Driver and Vehicle Licensing Agency’s driver records in order to identify criminals.

Public confidence in policing is, of course, vital, but it is also vital that officers have confidence in each other and that police leaders can root out those who are unfit to wear the uniform. We want to ensure that we never again see the culture of defensiveness and self-interest that, sadly, we saw in the aftermath of the terrible incident at Hillsborough and following the killing of Daniel Morgan. The Bill therefore introduces a duty of candour in policing. This follows Bishop James Jones’s report, which shone a light on the experience of the incredibly brave families of the Hillsborough victims. Those families have been through a lengthy and terrible ordeal.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I welcome the Home Secretary to his position. He rightly says that a new proposal is being brought forward on police misconduct, but he also mentions public confidence. Would the public not have more confidence in the police if any officer who failed their vetting was automatically dismissed?

[James Cleverly]

We are taking action to ensure that police officers, both at the start of their career and through their career, are held to appropriately high standards. On that particular issue, this is something we are taking forward. It is part, but not the totality, of what needs to be done, which is why we are outlining a number of things in the Bill.

Through the Bill, we will give chief constables the right to appeal the outcome or findings of a misconduct panel to the police appeals tribunal. Chief constables are responsible for upholding standards in their force, so it is right that they have a statutory route to challenge decisions that they consider unreasonable.

A person is not safe unless they are safe everywhere: in their home, at work, in public places and, of course, online. The Bill builds on the intimate image sharing offences in the Online Safety Act 2023 by introducing new offences addressing the taking or recording of intimate images or films without consent, as well as addressing the installing of equipment to enable the commission of the taking-or-recording offence. This means we now have a comprehensive and coherent package of offences that is effective in tackling intimate image abuse, which is a truly horrible crime that can have a lasting negative effect on victims.

[Dame Maria Miller (Basingstoke) (Con)]

I thank my right hon. Friend and his colleagues for their fantastic work in implementing the Law Commission’s review in this area. It really is a testament to the Government that they have done that. However, some victims of intimate image abuse face another issue, because their images are still legally online and have not been taken down by some website providers. Will my right hon. Friend encourage one of his Ministers to meet me to talk about this further, and about possibly addressing it in this Bill?

--- Later in debate ---

[James Cleverly]

I welcome my right hon. Friend’s intervention. I am more than happy to ensure that her point is discussed with the Department, so that we can see what we can do to incorporate what she hopes to achieve either in this Bill or in guidance to the internet service providers and online platforms.

The Bill also fulfils the Government’s commitment made during the passage of the Online Safety Act to broaden the offence of encouraging or assisting serious self-harm to cover all means, not just communications, by which serious self-harm may be encouraged or assisted. That could include, but is not limited to, direct assistance such as giving someone a blade with which to seriously harm themselves. This broader offence will give full effect to the recommendations of the Law Commission’s 2021 “Modernising Communications Offences” report.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I welcome the Home Secretary to his post. Not only is he the Home Secretary, but he is an old friend of mine, and I hope he stays longer in this post than he has in the others. Having had a tragedy close to my family of a young woman taking her own life, may I ask that we remove from social media these aids to and promotion of suicide, and things showing people how to conduct it?

[James Cleverly]

The hon. Gentleman makes an incredibly important point. Sadly, far too many people have, like him, experienced the implications of this kind of content online, and I take his point very seriously. We will look at both legislative and non-legislative measures to make sure that we genuinely do everything we can to remove content that encourages sometimes very vulnerable people into a dark place.

The Bill creates a new statutory aggravating factor for murders that are connected to the end of a relationship or the victim’s intention to end a relationship. Killing in that context is the final controlling act of an abusive partner, and its seriousness will now be recognised in law. The Bill also adds the offence of controlling or coercive behaviour to the list of offences that require automatic management of offenders under the statutory multi-agency public protection arrangements.

We recognise that antisocial behaviour does so much to blight people’s lives and undermine the pride and confidence that they rightly have in their local communities. At its worst, antisocial behaviour can drastically lower the quality of life for whole neighbourhoods. The Government’s antisocial behaviour action plan, published in March, sets out a strong approach to working with local agencies so that antisocial behaviour is treated with the seriousness and urgency it deserves. The Bill enhances that with a range of new measures, including enabling the police to make public spaces protection orders and registered social housing providers to issue premises closure notices; lowering the minimum age of a person who may be issued with a community protection notice from 16 to 10; and increasing the maximum amount of a fixed penalty notice from £100 to £500 for breaches of a public spaces protection order or community protection notice.

Every public service should be accountable to the public, and we are strengthening the accountability of community safety partnerships and improving the way in which they work with police and crime commissioners to tackle crime and antisocial behaviour. For example, PCCs will be given the power to make recommendations on the activity of community safety partnerships, which in turn will be duty-bound to consider those recommendations. That proposal follows feedback from various sources that the powers available to the police, local authorities and other agencies could be used more consistently. We need every part of the system to work together as one well-oiled machine.

Nuisance begging and rough sleeping can, of course, be a form of antisocial behaviour. The former may be very intimidating and the latter may also cause damage, disruption and harassment to the public.

[Layla Moran (Oxford West and Abingdon) (LD)]

The Home Secretary will be aware of the campaign across the House to scrap the Vagrancy Act 1824, which does not come into force until all these clauses come in—so I am very pleased to see them. Looking at the detail, we see that it forms a third of the Bill—it is enormous. Does he share my concern that by replacing the Vagrancy Act with a measure of this level and strength, we are not treating homelessness with the compassion that we said we wanted, and we are creating a rod for our own back, which we just do not need?

[James Cleverly]

We have committed to scrapping the 1824 Act, and nobody should or will be criminalised simply for having nowhere to live. That is why we are repealing the outdated 1824 Act. However, we need to make sure that things such as nuisance begging are addressed, because the British public have told us that they feel these actions are intimidating—I am sure that Members from across the House hear that in our advice surgeries and will have had people tell them that—and it is right that we respond to their concerns. The hon. Lady makes the point, implied in her question, that people end up rough sleeping for a wide variety of reasons, including, sometimes, because they are themselves the victims of abuse or they have medical conditions, be they physical or mental. That is why last year we published our “Ending rough sleeping for good” strategy, and we have made an unprecedented £2 billion commitment over three years to accelerate the efforts to address homelessness at source.

[Layla Moran]

I thank the Home Secretary for giving way again; I will not test his patience too much more. However, I should point out that we have been working on this since 2018, when I started this campaign. I have met countless Ministers over the years and not once did nuisance rough sleeping come up as the issue. Nuisance begging did, and there is a debate to be had on that and I would happily have it. All I ask is: will he consider meeting me and others from both sides of the House who have taken a keen interest in this issue for a very long time so that we can put across our concerns about what is in this Bill to replace the 1824 Act? I say that because this looks like Vagrancy Act 2.0 on steroids.

[James Cleverly]

We have presented a Bill and the House has the opportunity to debate it. So rather than having conversations in private, the legislative process—the process of debate—is designed for Members from across the House to inject their ideas, thoughts and suggestions into the legislation. That is literally what the passage of a Bill is designed to do.

[Paula Barker (Liverpool, Wavertree) (Lab)]

I wish to share my concerns, which are those the hon. Lady has mentioned. The Bill introduces a wide definition of “nuisance rough sleeping” that is incredibly concerning to me, because it will criminalise people who are rough sleeping. In practice, it will result in worse criminalisation of people sleeping rough than under the draconian Vagrancy Act. Will the Home Secretary and Government Members give any assurance and clarity about the intentions?

[James Cleverly]

The Bill makes it clear that any actions that will be taken will be in response to a continuing refusal to abide by the moving-on powers that the Bill provides, so I do not agree with the hon. Lady’s assessment of how this will play out in practice. However, as I say, this is the Second Reading of the Bill and there will be opportunity through its passage for ideas, thoughts, concerns and potential improvements to be put forward. I encourage her and the hon. Member for Oxford West and Abingdon (Layla Moran) to put forward their ideas, because we recognise that this is an important issue. We want to get it right, but we are responding to specific concerns that have been raised.

[Richard Graham (Gloucester) (Con)]

The Home Secretary is right to say that the Vagrancy Act, as it comes to its bicentenary, is ripe for renewal and change, and there is an interesting debate to be had. He is right to identify that it is a problem for many of our constituents. The other problem, which he knows I will be talking about later, is the offence of spiking. I was listening keenly to what he said and no doubt he will touch on that in a moment or two.

[James Cleverly]

My hon. Friend makes an important point about the need to update a number of provisions, including the Vagrancy Act 1824. I know he feels strongly about that and, through the passage of the Bill, I am more than happy to listen to his contributions about other opportunities to update and modernise legacy legislation, which has served us well but for a very, very long time, to ensure that it is relevant for the modern world, not the Victorian—or sometimes Georgian—era when the provisions were originally drafted.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

These matters raise the issue of proportionality, and I am sympathetic to the Government’s position, but does my right hon. Friend accept that a number of other areas in the Bill, most of which is very good, will need careful examination? For example, the power to enable entrance to premises without a warrant will need to be supported by the evidence base. Will my right hon. Friend also bear in mind that we need to move with some care on the practicalities of transfer to foreign prisons? Although that may be useful to have in the toolbox, when it has been used abroad the evidence is very mixed as to how long and significant a difference it can make. As the Bill progresses through the House, will he engage with the Justice Committee and others on the evidence that we have received on those issues?

[James Cleverly]

My long-standing hon. Friend makes a number of points. Of course we want to ensure the Bill works. When the Bill is enacted, we want to ensure it improves the lives of people who might be victims of crime and helps to avoid that victimisation, but we also want to ensure that appropriate checks and balances are in place. I feel confident that those are in place, but it is the duty of those on the Treasury Bench to ensure that all Members of the House share that confidence.

[Sir Robert Buckland (South Swindon) (Con)]

In that spirit, on the basis that this is Second Reading and there are opportunities for this otherwise good Bill to be improved, will my right hon. Friend take on board the important points about ensuring that we get right the extension of the identification principle on corporate criminal liability? We made big progress in the Economic Crime and Corporate Transparency Act 2023 and the Government are now following through on their intention, but I want to ensure we get the wording absolutely right.

Secondly, I note with enthusiasm the presence in the schedule of restricted cost provisions relating to restraint orders for the proceeds of crime. We have long said that uncapped costs are a deterrent to making robust applications. Will he consider extending those principles to other areas of activity, so that we can see more applications being made without the fear of being clobbered by costs?

[James Cleverly]

My right hon. and learned Friend makes some important and useful points based on his extensive experience. Of course, we listen very carefully to the contributions that have been made. With the indulgence of the House, I want to make progress so that Back Bench Members have time for debate.

We need to understand that crime is a business—a big business. Serious organised criminals are relentless, adaptable and resourceful. That is why we are banning articles that are used to commit serious crime, including templates for 3D printed firearms components, pill presses, and vehicle concealment and signal jammers that are used in modern vehicle theft. In banning the supply, adaptation, manufacture and import of those articles, as well as their possession, we will target the corrupt individuals who profit from supplying those articles to those involved in serious criminality while keeping just enough distance from the offences being carried out to avoid facing the inevitable consequences of their actions.

We are also strengthening the operation of the serious crime prevention orders. It is absolutely right to make it easier for the police and other law enforcement agencies to place restrictions on offenders or suspect offenders and stop them from participating in further crime. Fraud is now the most prevalent form of crime. It costs this country billions of pounds annually and is a terrible personal violation. I have no doubt that every Member of the House will know constituents who have suffered from that type of crime.

The Criminal Justice Bill contains several new measures to tackle fraudsters and the perpetrators of other serious crimes. We are prohibiting the possession and supply of SIM farms that have no legitimate purpose. Law enforcement agencies will have extended powers to suspend domain names and IP addresses used for fraudulent purposes or other serious crimes. We are also reforming the powers used to strip convicted criminals of the proceeds of crime. A new scheme will see the Government work with the financial sector to use the money in accounts suspended on suspicion of crime to fund projects tackling economic crime.

Going beyond economic crime, we are further expanding the identification principle, so that companies can be held criminally responsible when a senior manager in that company commits a crime.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

While fraud accounts for 40% of recorded crime at the moment, only 1% of police resources are used to deal with it. What are the Home Secretary’s thoughts on that?

[James Cleverly]

By the nature of this crime type, specialism in investigation is inevitable. Ultimately, the training and deployment of the resources of the police and other crime fighting agencies will naturally need to reflect that. It is not quite as simple as mapping the proportion of crime to the proportion of police officers, but implicit in the right hon. Lady’s question is the fact that we need to upskill investigators so that they can focus on those crime types. We are putting the legislative measures in place, the funding is in place, the increase in police numbers is in place and we are happy to work with PCCs and chief constables to ensure that those resources are deployed in the most effective way.

[Sir Robert Neill]

Will my right hon. Friend give way a final time?

[James Cleverly]

Cheeky.

[Sir Robert Neill]

It may save the House hearing from me at some length later.

I welcome the measures on fraud, because they follow on from the Justice Committee’s report last year that highlighted the gaps in our ways of dealing with it. Will the Home Secretary look carefully at how we reform the identification principle? There remains a concern that the exemptions that were placed on the size of businesses in the Economic Crime and Corporate Transparency Act 2023 may have the perverse effect of allowing many fraudsters to split their businesses up into smaller units that fall below the threshold in that Act. Glencore, for example, had only 50 employees but was still one of the biggest frauds that did massive harm. Can we take the opportunity to look at that issue?

[James Cleverly]

Once again, my hon. Friend makes a good point. We are always willing to listen to suggestions from colleagues around the House that will strengthen the ability to close loopholes, so that sinister but clever and adaptable individuals do not find a way of navigating through the legislation, so I take his ideas on board. I do not have much of my speech left, Madam Deputy Speaker. I am sure you would encourage me to move quickly, and I beg the indulgence of the House to do so.

There has been a concerning increase in the number of serious offenders refusing to attend their sentencing. It is a further insult to the victims and the families; as we have seen, it causes a huge amount of upset. That is why we are giving judges express statutory powers to order offenders convicted of an offence punishable with a life sentence to attend their sentencing hearings. That measure will apply to all offenders convicted of any offence that carries a maximum penalty of life imprisonment. Adult offenders who refuse to do so, without reasonable excuse, will face punishment with an additional custodial sentence of up to 24 months. The legislation will also make it clear that judges in the Crown court may direct the production of any adult offender, and that the custody officers can use reasonable force to ensure that they are produced.

[Sir Robert Buckland]

Will my right hon. Friend give way?

[James Cleverly]

I am sorry, but I promised Madam Deputy Speaker that I would be winding up.

Last year, the independent inquiry into child sexual abuse published its final report. It revealed the terrible extent to which children have been betrayed over decades not only by rapists and abusers but sadly, in too many instances, by those who should have been there to protect them. We must honour the courage of those who have spoken out by doing things differently. Everything possible must be done to prevent these crimes. When they do occur, they should be met with heavy punishment. The Bill introduces a new statutory aggravating factor to capture offenders who demonstrate grooming behaviours in connection with specified sexual offences against children and young people, or whose offences have been facilitated by grooming by others.

The grooming itself need not be sexual; it may be undertaken by any offender or a third party and committed against the victim of the underlying offence or a third party. The Government will also bring forward amendments to the Bill to restrict the ability of registered sex offenders to change their names in certain circumstances. Following consideration of the responses to our consultation, which closes on 30 November, we also plan to bring forward amendments to provide for a legal duty to report child sexual abuse.

[Sarah Champion (Rotherham) (Lab)]

I am incredibly grateful to the Home Secretary for bringing forward legislation on sexual offenders changing their name by deed poll, but we could not find it anywhere in the Bill, so is there any reason why there is a lag?

[James Cleverly]

It is because we will have to bring it through as an amendment, but I can assure the hon. Lady that we are committed to making this work. [Interruption.] It is a Government amendment. [Interruption.] I disapprove of theft in all circumstances except for when someone brings forward a truly good idea.

Let me return now to the duty to report child sexual abuse. Walking by or turning a blind eye should never, and must never, be an option. The Bill enables polygraph testing to be extended to more serious sexual and terrorism-linked offences, including for convicted murderers who are assessed as posing a risk of sexual offending on release. It also ensures that those serving multiple sentences alongside a sentence for a sex offence can be tested for the whole of their licence period. The measure further applies to individuals convicted of non-terrorism offences who would have been determined by the court to have a terrorism connection if the option had been available at the time of the sentencing.

The Government have a programme to build 20,000 new prison places. It is the biggest prison building programme since the Victorian era. Prison demand is likely to increase over the medium term, as we continue to empower police forces and the courts to drive down crime and punish offenders.

In order temporarily to increase prison capacity, the Bill will introduce domestic powers to transfer prisoners to rented prison spaces overseas subject to future agreements with other countries. Norway and Belgium have successfully rented prison places from the Netherlands in the past. The Bill will also extend the remit of His Majesty’s inspectorate of prisons to include any rental prison places abroad.

The Criminal Justice Bill will give the police greater powers, the public greater confidence, and the courts greater ability to punish offenders and protect the law-abiding majority, and I invite the whole House to get behind it.

Points of Order

James Cleverly Excerpts

Monday 27th November 2023 Commons Chamber

[Madam Deputy Speaker]

I thank the hon. Gentleman for his point of order. He will recall that I answered a similar point of order last week, when he raised one aspect of this matter. At that point, I reminded all Members of the need for good temper and moderation in the language they use in this Chamber.

The hon. Gentleman asks me if I have power to require the Home Secretary to return to the Chamber. I do not need such a power; the Home Secretary has voluntarily returned to the Chamber, and if he would care to make a point of order, further to that point of order, the Chamber will hear him.

[The Secretary of State for the Home Department (James Cleverly)]

Further to that point of order, Madam Deputy Speaker. For the avoidance of doubt, the hon. Member for Stockton North (Alex Cunningham) accused me of making derogatory remarks about his constituency. My response, issued through my office, was that I did not, would not and would never make such comments about his constituency. What I said was a comment about him. My apology was for using unparliamentary language, but I will make it absolutely clear, for the avoidance of doubt and with no ambiguity, that I did not, would not—

[Alex Cunningham]

You did.

[James Cleverly]

What are you calling me, sir?

[Madam Deputy Speaker]

Order. The hon. Member for Stockton North (Alex Cunningham) asked the Home Secretary to come back to the Chamber to issue an apology, and he is doing so. [Hon. Members: “No, he isn’t.”] Enough. Hon. Gentlemen ought to hear what the Home Secretary has to say and not shout from a sedentary position—please.

[James Cleverly]

I know what I said. I rejected the accusation that I criticised the hon. Gentleman’s constituency. My criticism, which I made from a sedentary position about him, used inappropriate language, for which I apologise. But I will not accept that my criticism was of his constituency, because it was not.

[Andy McDonald (Middlesbrough) (Ind)]

You need a backbone!

[James Cleverly]

Then what are you saying, sir?

[Madam Deputy Speaker]

Order. This is not a debate, and the matter is now closed. The Home Secretary has rightly come to the Chamber. He has apologised to the hon. Member for Stockton North. That is an apology rightly due to him, and I hope he will accept it.

Oral Answers to Questions

James Cleverly Excerpts

Monday 27th November 2023 Commons Chamber

[Antony Higginbotham (Burnley) (Con)]

15. What steps he is taking to help reduce levels of organised crime.

[The Secretary of State for the Home Department (James Cleverly)]

We will continue to break the business model of organised crime gangs to keep the people of this country safe. We are disrupting their activities both domestically in the UK and internationally, including disrupting the work of the gangs behind the illegal small-boat crossings, and it is why the Criminal Justice Bill creates new powers to target organised criminal gangs. We will also publish a new serious and organised crime strategy soon.

[Simon Jupp]

Criminal gangs do not care about the people they are smuggling into our country and they must be stopped. We must stop the boats in ways that are consistent with our international obligations and end the dangerous journeys that risk human life. Does my right hon. Friend agree that we must focus on breaking the business model of these criminal gangs?

[James Cleverly]

My hon. Friend is absolutely right. The people who are being smuggled are seen as just products; they are expendable in the eyes of the people smugglers, and we must and will do everything we can to break their business model. I commend the work of my right hon. Friend the Minister for Immigration, who has recently been to Bulgaria, where in close co-operation with our international partners there we have seized boats and engines. We are breaking the business model, and we will continue to drive down those illegal small-boat crossings until we have stopped the boats.

[Greg Smith]

Serious organised acquisitive crime is hitting rural communities hard, with high-value agricultural equipment targeted for theft. The National Rural crime unit has recently recovered over £5 million of stolen equipment, nearly £1 million of which was recovered abroad. The Construction Plant-hire Association, NFU Mutual and the Construction Equipment Association have put significant funds into the NRCU but what more can my right hon. Friend do to ensure that it has the resources it needs to tackle these serious organised criminal gangs?

[James Cleverly]

I thank my hon. Friend for the work he has done in this area, including with his private Members’ Bill. He is absolutely right that the rural communities of this country need to be supported, and they will be. Driving down rural crime is an important area of work and we have provided £200,000 of funding to help set up the NRCU. My hon. Friend and I, and others in this House, understand the terrible impact this has, and we will continue to work with the rural police forces to drive down rural crime.

[Antony Higginbotham]

In Burnley and right across Lancashire county lines continues to be a problem, with organised groups peddling drugs and exploiting young people with no regard for the harm they are doing, not just to the communities but to the young people they are exploiting. Lancashire police are making very good inroads with an enhanced rural policing unit and neighbourhood taskforces, but what more can Lancashire Constabulary do to tackle the county lines issue and bring order back to our streets?

[James Cleverly]

I thank my hon. Friend for highlighting this vile type of criminality, which targets the young and the most vulnerable. As part of our fight against county lines we are investing up to £145 million in our county lines programme, and since it was launched in 2019 police activity has resulted in over 4,700 county lines being closed, over 14,800 arrests and over 7,200 safeguard referrals. We will keep our focus on this evil criminality.

[Dame Nia Griffith (Llanelli) (Lab)]

Given that, shockingly, the average time it takes for a crime to be charged has trebled since 2016, will the Secretary of State embrace the Police Federation’s “Simplify DG6” campaign and scrap the redaction rules his Government introduced in 2020, in order to cut bureaucracy, get cases to the Crown Prosecution Service quicker, and free up officers’ time to be out fighting crime?

[James Cleverly]

We are actively working with the CPS to simplify and speed up this process. I will of course look at the proposals put forward, because we want police officers out in their communities on the beat and tackling crime, rather than doing paperwork—important though that is.

[Chris Elmore (Ogmore) (Lab)]

The police report a 25% increase in shoplifting in recent months. There is much evidence, as the Home Secretary will be aware, that organised criminal gangs go into shops to try to steal as much as they can and target shop workers. As we approach Christmas, what assurance can the Home Secretary provide to shop workers—not just at Christmas, but across the year—that he will start dealing with these gangs and start realising that all retail crime is a problem in this country that needs tackling?

[James Cleverly]

The hon. Gentleman is absolutely right to highlight this issue. It is one that we take seriously through Operation Pegasus. We are working through the leadership of the police and crime commissioner for Sussex on this very issue. No doubt either the Policing Minister, my right hon. Friend the Member for Croydon South (Chris Philp) or I will have the opportunity to update the House on this work as it progresses.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Minister.

[Alex Norris (Nottingham North) (Lab/Co-op)]

This autumn, the Government pledged to treat retail crime as organised crime, but with their Criminal Justice Bill, they have fallen at the first hurdle. There is no consolidated offence to protect retail workers, no strong signal on the £200 limit on investigations and a denial of reality on their hollowing out of neighbourhood policing. From the answers we have heard, the Home Secretary wants us to believe that we have never had it so good, but the ones who are thriving are organised criminals. Will the Government accept our amendments to add the protection of shop workers into the legislation?

[James Cleverly]

The hon. Gentleman will know that attacking shop workers is already a statutory aggravating factor. We will look at what more we can do to protect shop workers. The retail action plan is in place, including the use of CCTV and facial recognition software. We will continue to explore all avenues to protect shopworkers, because they, like everyone else, deserve our protection.

[Jill Mortimer (Hartlepool) (Con)]

2. What progress he has made on stopping small boats transporting migrants across the English channel.

--- Later in debate ---

[Jack Brereton (Stoke-on-Trent South) (Con)]

9. What steps he is taking to tackle illegal migration.

[The Secretary of State for the Home Department (James Cleverly)]

The Government have a plan to tackle illegal migration by means of a number of methods, and that plan is working. Small-boat crossings are down compared with those in other countries across Europe, where they are up. We are working closely with our international partners, including our nearest geographical neighbour France, we are dismantling the organised criminal gangs who are smuggling people, and we are taking action to reform the asylum system.

[Miriam Cates]

Following the Supreme Court ruling, the Government announced emergency legislation to address the issues mentioned in the judgment. I welcome the proposed new treaty with Rwanda, but does my right hon. Friend agree that the new legislation promised by the Prime Minister must be clear and unambiguous in establishing that the sovereign will of this Parliament, as expressed in primary legislation, takes legal precedence over the interpretation of international treaties and principles?

[James Cleverly]

I can assure my hon. Friend that the excellent working relationship we have with Rwanda—on which I worked in my former role—will give us the opportunity to have a treaty that addresses the issues in the Supreme Court judgment. However, she is right to say that the legislation that will accompany that treaty must make it absolutely clear that the will of the British people, as exemplified by the actions of this Government, means we will work to get flights to Rwanda to make it plain that if people come here illegally they will not stay here. I can give her my commitment that we will do everything we can to make that happen.

[Jack Brereton]

Further to those points, will my right hon. Friend give me a categorical assurance that he will do everything he can to enable us to deliver the Rwanda policy, and will introduce all the necessary legal exemptions so that we can get on with those flights as soon as possible and provide the necessary deterrence to illegal migration?

[James Cleverly]

The Rwanda scheme is an extremely important part of our basket of responses. I will do everything to ensure that we drive down small-boat arrivals: that is the promise we have made to the British people, and that is the commitment I will deliver.

[Valerie Vaz (Walsall South) (Lab)]

One of the ways of dealing with illegal migration is to look at the number of cases. Can the Home Secretary say how many legacy backlog cases there are—if they have yet been triaged—and how many of those result from illegal migration?

[James Cleverly]

The historic backlog has been reduced by 65%. It has fallen by more than 59,000 cases since the end of November 2022. We have recruited 2,500 asylum decision makers, and we have increased tenfold the pace at which these decisions are made.

[Peter Grant (Glenrothes) (SNP)]

The Secretary of State is well aware that under international law an asylum seeker cannot be described as an illegal immigrant. They are here legally unless and until they are found to have no valid claim to asylum after due process. Is it the policy of the Home Office and this Government to act within international law or to act outwith it?

[James Cleverly]

The hon. Gentleman makes reference to the refugee convention, but his definition is only accurate if they come directly from a place of danger. I have visited France and it is a wonderful country. I can assure the House that it is not a dangerous country.

[Julie Marson (Hertford and Stortford) (Con)]

7. What steps he is taking to tackle violence against women and girls.

--- Later in debate ---

[Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)]

8. What recent assessment he has made of the implications for his policies of the Supreme Court judgment of 15 November 2023 on the Rwanda relocation scheme.

[The Secretary of State for the Home Department (James Cleverly)]

The Rwanda scheme remains an important part of our response to illegal migration and people smuggling. We will continue to negotiate with the Government of Rwanda on a treaty that will be underpinned by domestic law so that the Rwanda scheme will join the other effective parts of our response in stopping the boats.

[Steven Bonnar]

The Prime Minister has indicated his intention to override the Supreme Court by introducing emergency laws and a new treaty with Rwanda to save his unlawful deportation plans. So far, the UK has paid the Rwanda Government £140 million and the Home Office has spent £1.4 million on failed legal challenges, with no asylum seekers being sent there as of yet. How much has the Home Office spent in total on the Rwanda scheme? Can the Secretary of State give us a figure, please?

[James Cleverly]

The funding from the Home Office will be reported in the usual, appropriate way. I do not have the figures to hand, but I will make sure the House is updated on the costs.

The hon. Gentleman seems to misunderstand how one responds to a legal judgment. He describes it as “overriding,” but I suggest that when the Government address the issues set down by the Supreme Court, they will not be overriding but respecting the voice of the Supreme Court.

I would make the point that we are committed to dealing with illegal migrants. I hear no such commitment from the Opposition. Until they come up with clear plans for how they will deal with this issue, they should support the actions the Government are actually taking.

[Sir Julian Lewis (New Forest East) (Con)]

Has the Home Secretary been struck, as I have, by the very small number of Opposition Members standing to contribute to questions on migration? Does he agree that, if democracies both within the EU and, like ourselves, outside the EU cannot find a solution to this problem, we will see the increasing emergence of far-right politicians in positions of power? That ought to frighten us all.

[James Cleverly]

My right hon. Friend is absolutely right. This Government were criticised by the Opposition and by voices across the continent when we started to take action to address the significant increase in the volumes of illegal migration. Countries across the continent are now looking at us in order to emulate the actions we are taking. Illegal migration has gone from something that the Labour party believed was a non-issue to being a core issue for Governments across Europe and North America. If the good people do not grip this issue, the bad people will attempt to do so, and I will never let that happen.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Chair of the Home Affairs Committee.

[James Cleverly]

There is an urgency to the legislation that we seek to put forward and, although pre-legislative scrutiny has a part to play, I will not do anything that delays the implementation of this incredibly important legislation.

[Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

It is imperative if we are to crack the business model of the evil people smugglers that we operationalise the Rwanda scheme. May I register my profound conviction that the disapplication of elements of the European convention on human rights and the refugee convention will be necessary? The Court of Appeal cited human rights and the Supreme Court cited refoulement. What will it be next time, in the absence of Parliament expressly asserting the will of this House?

[James Cleverly]

My right hon. Friend makes an incredibly important point, although I do not want to prejudge the content of the Bill. I listened carefully to his points, and he and the rest of the House should understand that we will do everything we can to ensure that we break the business model of the evil people smugglers he highlights and drive down the small-boat arrivals. He is absolutely right that the deterrent effect of the Rwanda scheme is a key element of that multi-strand approach.

[Peter Aldous (Waveney) (Con)]

12. What progress his Department has made on reviewing the police funding formula.

--- Later in debate ---

[Judith Cummins (Bradford South) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for the Home Department (James Cleverly)]

My mission and that of this Government, on behalf of all people in this country, is to secure our borders and keep people safe from crime and terrorism. Good progress has been made in driving down crime and stopping illegal small-boat arrivals, but there is, of course, more to do. The Home Office has been considering further measures to mitigate migration, including by preventing the exploitation and manipulation of our visa system and clamping down on those who take unwarranted advantage of the flexibilities we provide. We will announce further details on these measures in due course. Tomorrow, we have Second Reading of the Criminal Justice Bill, which will give police the powers they need for longer sentences for those who would harm others and will increase the trust in policing.

[Judith Cummins]

In my constituency, the antisocial and illegal use of fireworks continues to affect law-abiding citizens and our pets. Will the Secretary of State commit to reducing the legal limit for commercial fireworks from 120 dB to 90 dB or less?

[James Cleverly]

I have not yet had the opportunity to read into that issue—it was not the angle I was expecting in this question—but the proposal seems a thoughtful one. I will give it due consideration, but I cannot make a commitment at this point.

[Jill Mortimer (Hartlepool) (Con)]

T3. Off-road bikes are a growing plague across Hartlepool, and my constituents face the danger of young men in balaclavas driving recklessly along our streets. Will my right hon. Friend commit to increasing the support for Cleveland police to tackle this nuisance, beyond the anonymous tip-off system? Will he also perhaps come to visit some of the excellent Conservative MPs in our region?

--- Later in debate ---

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Home Secretary has been in post for two weeks, during which time he has used the same language to pick a fight with Stockton and show what he thinks of his own Rwanda policy, he has been attacked by his Back Benchers, and Downing Street has already been forced to confirm it still has full confidence in him. Twelve days ago he said the number of asylum hotel bed spaces are down, but four days ago Home Office figures showed they are up to a record 56,000—10,000 more than at the beginning of the year. Does he even know what is going on?

[James Cleverly]

Yes, I do. Let me expand—that answer was a by-product of the right hon. Lady asking a closed question at the Dispatch Box. I have been in this job for 14 days, and I am conscious that my counterparts around Europe and the world are grappling with many of the same issues. I would love nothing more than to be able to resolve them all in 14 days—I am good, but I am not a magician.

[Yvette Cooper]

Perhaps that mean an end to the magical thinking that the right hon. Gentleman’s predecessor called for. We still have 10,000 more bed spaces than when the Prime Minister promised to end hotel use. The Home Secretary owes the House the facts. There is still no sign of anything on the failed Rwanda plan, because he knows it will not work, and nothing on the trebling of net migration to tackle the skills gaps that are driving work visas. The Government have been in power for 13 years and all we have is chaos and briefing wars. His Back Benchers are already calling him “Colonel Calamity”, and he has Corporal Chaos next to him on the Front Bench. Given the mess he has inherited and his penchant for profanity, does he accept that he is now up a certain kind of creek without a paddle?

[James Cleverly]

The right hon. Lady is someone I admire hugely, and one of the things I admire most is how she has managed to be at the Dispatch Box twice but has failed to ask anything resembling a sensible question about the issues we are discussing. When her party was in government, it addressed the volumes of migration by simply redefining people, wiping the slate clean and pretending there was never a problem.

I have said this about the right hon. Lady’s party in broadcasts, and I say it from the Dispatch Box: there is a gaping vacuum where the Labour party’s policy on migration, whether it be legal or illegal, should be. Unless and until Labour Members come up with something approaching a policy, I will continue to do what we know to be right: driving down small-boat arrivals and reducing the number of hotel rooms needed. We have closed 50 hotels and we will do more.

[Sir Desmond Swayne (New Forest West) (Con)]

T5.   Is the Home Secretary doing enough to reassure Jews that the United Kingdom is safe?

[James Cleverly]

My right hon. Friend asks an incredibly important question. I have made it very clear to the police forces of the UK that when members of a minority group in this country tell us that they are living in fear, we must take action. I am pleased that the policing response this weekend was more robust than on previous weekends—the police are clearly listening to the conversations we are having with them and I commend them for doing so. I have spoken with representatives of the Community Security Trust and the Board of Deputies of British Jews, and I will be having a meeting with the Chief Rabbi to make it absolutely clear that the Jewish community in the UK has the right to feel safe and this Government will take action to ensure it is safe.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

T2. Many of my constituents have faced significant delays when applying for biometric residence permit cards because of technical errors. One constituent, whose application was approved in July 2020, did not receive their BRP until January 2023 because of printing issues. What actions are being taken to address the technical problems contributing to delays in processing BRP applications? I hope the Home Secretary can answer that question.

--- Later in debate ---

[James Cleverly]

The Government have a duty to British nationals, which we take very seriously. I recognise the plight of many non-British nationals in Gaza, which is why, in my previous role and now supporting the current Foreign Secretary, we have long pushed for a humanitarian pause. I am pleased that that is in place. We will continue to work with the international community and the countries in the region to ensure that support is given to the people in Gaza who need it and that action is taken to end this conflict, so that Israelis as well as the Palestinian people can live in peace and security.

[Bob Blackman (Harrow East) (Con)]

As we seek to reduce the backlog of asylum claims, there is a temptation to grant more economic migrants the right to remain here. Will my right hon. Friend assure the House that there will be no slackening of the rules to root out economic migrants so that they can be returned to where they came from?

[James Cleverly]

The whole point of having border control is that we can ensure that our migration system supports our economy and our social cohesion. Both those things are important. We want to ensure that we are choosing the right people, in the right numbers, at the right pace. I give the House a categoric assurance that that will always underpin our thinking with regard to what future changes we might make to the legal migration processes.

[Kenny MacAskill (East Lothian) (Alba)]

T9. It is not simply the decibel level of fireworks that is causing an issue; police officers in Scotland have been coming under attack, with fireworks used as weapons. The Scottish Parliament has control over the sale of fireworks but not their manufacture, as they are classified as explosives. Will the Minister guarantee that steps will be taken to tighten things up in order to reduce the use of these weapons? Failing that, will he simply devolve the powers so that the Scottish Parliament can act, as it has done on air weapons and drink-driving?

--- Later in debate ---

[Richard Foord (Tiverton and Honiton) (LD)]

T10.   Given the revelation in recent weeks that the Home Secretary’s predecessor struck a deal with the Prime Minister before she took up the post, and given that it is well known that the Home Secretary was very much enjoying his role as Foreign Secretary, will he tell the House what deal he might have struck with the Prime Minister before taking on this role?

[James Cleverly]

A fantastic question, well worth asking. The contract that all Ministers have is with the British people, to work hard on their behalf and to focus relentlessly on their priorities. That is something that every Government Minister takes seriously, and something totally lacking in the narrative coming from the Opposition Benches, including the Liberal Democrat Benches.

[Siobhan Baillie (Stroud) (Con)]

The award-winning Cotswold Canals Trust volunteers have had enough of antisocial behaviour such as graffiti, dog mess and worrying drug paraphernalia everywhere. It is ruining their hard work on the canal network and is putting them at risk. Part of our successful approach to trying to tackle it is getting CCTV down the canals. Will my right hon. Friend let us know what is happening with the safer streets funding? Police and crime commissioner Chris Nelson and I have made an application, and we are waiting to hear about it.