Nationality and Borders Bill

Lord Paddick Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Paddick (LD)]

My Lords, happy new year. I hope all noble Lords on all sides of the House have a better year than last year.

I listened carefully to what the Minister said in his opening. It was reassuring to hear that the Bill really is as appalling as it looks. It is understandable that immigration is a cause for concern for many people, particularly with the misleading information published by the Government and echoed by the media.

The UK is home to approximately 68 million people. Based on the most recent figures, net immigration is about 300,000 a year, or 0.4% of the existing population, of which claims for asylum in 2019 were 36,000, or just one application for every 2,000 people in the UK. As I fly often into Heathrow, I am struck by how much of the UK, even the south-east, is still rural. We are not a tiny island with little space. Net migration is at a low level per head of population, and only a fraction of those coming here to live are asylum seekers. As the noble Lord, Lord Rosser, said, 84,132 people sought asylum in the UK in 2002. In 2019 it was 35,737, less than half than it was 17 years earlier.

There are more common misconceptions, such as that there is a danger of immigrants taking British people’s jobs. The most common reason for people coming to the UK is to study, not to work. In fact, currently there is a shortage of workers, not a shortage of jobs. Another misconception is that there are too many immigrants in the UK. London has the highest concentration of immigrants in the UK, over a third of the total, and Londoners are the least concerned about immigration.

Another misconception is that there are record numbers of migrants crossing the channel. No, there are record numbers of migrants crossing the channel in small boats, because the UK has been effective in stopping channel crossings by most other means—for example, stowing away in lorries or on trains. Also, no safe and legal routes for asylum seekers to get to the UK are currently in operation, and you can only claim asylum on UK soil, so what are they supposed to do? Numbers were significantly lower last year because of Covid lockdowns and they are significantly higher this year because of the resulting pent-up demand.

We are not being overwhelmed by asylum seekers. We have fewer applications for asylum per head of population than almost every other European country, as the noble Lord, Lord Rosser, has said. The EU average is 11 claims per 10,000, compared to the UK’s figure of only 6. With the UK’s claim rate being almost half the EU’s, what prospect does the Minister think we have of persuading EU countries to take back migrants in the absence of the previous agreement, the Dublin III regulations, which obliged EU states to do so?

So, what is the problem—or should I say, what are the problems? The evidence points to the Home Office being ineffective and inefficient in dealing with asylum applications, not that there is a problem with the legislation. Twenty years ago, the UK had more than double the number of applications for asylum but less than half the number of cases awaiting a decision. In 2021, 57,000 cases were awaiting an initial decision—nothing to do with appeals. Covid may have impacted the Home Office’s ability to process claims, but the number of asylum seekers fell greatly at the same time for the same reason.

The Government say there are record waits for asylum application appeals, but those delays are nothing compared to the delays in criminal trials at Crown Courts. The Government’s proposed solution is to reduce the number of asylum cases to speed up the process. Is the Government’s answer to the backlog in the criminal courts to make it more difficult for the police to arrest criminals, for the Crown Prosecution Service to charge fewer people, to give those accused of crime only a limited number of hours of legal aid and to place time limits on when defendants can present their defence, in order to take pressure off the system? So why does this Bill propose to cut the numbers able to claim asylum and to introduce fast-track systems that place limits on legal advice and the time taken to present evidence?

The evidence also suggests that the Home Office is inefficient and ineffective at removing those who should not be in the UK. In 2013 there were 14,900 removals and in 2020 there were less than 8,000. If it was possible to remove almost double the number of illegal immigrants from the UK using existing legislation in 2013, surely the problem is not with the legislation but with the Home Office. The Government say this is due to “various contributing factors”. Can the Minister explain to the House what the various contributing factors are, and what impact each of these has on the ability of the Home Office to remove people?

As the Minister has said, there are 10,000 foreign national offenders in the community together with 42,000 failed asylum seekers, all of whom should not be in the UK. Why is that, if not because of Home Office ineffectiveness? The National Audit Office estimates that there are between 600,000 and 1.2 million illegal immigrants in the UK. The hostile environment that tries to turn landlords, employers and bankers into Immigration Enforcement officers, is clearly not working.

Instead of “taking back control” of our borders, those arriving from 10 more countries can now use the ePassport gates at the UK border—in addition to all EU countries, which can continue to use them—whereas before they had to prove they were coming to the UK for a legitimate reason, had somewhere to live and had enough money to fund their stay. Now, there is no way to ensure that they leave again or that we know where to find them.

When we were in the European Union, we had access to the European Criminal Records Information System and the Schengen Information System, so we could check that those arriving in the UK were not criminals or a threat to national security, and we had the power to bar them, despite free movement. This is to be replaced by an electronic travel authority, where those travelling to the UK will be asked to “voluntarily declare” their convictions, which is arguably better than nothing—what we have now—but nothing like as secure as when we were in the EU.

Previously, limits were placed on the numbers allowed to come to the UK from the rest of the world to work. This has been replaced by a points-based system with no limit on the number of the “brightest and the best”—as the Government like to call them—foreign nationals being employed in the UK.

When the Government say that they want a “high-skill, high-wage economy”, what they do not tell people is that there are no longer any limits on how many foreign nationals can take those “high-skill, high-wage” jobs; the only opportunities reserved for UK nationals are in low-skill, low-wage jobs.

The epitome of this Bill, which addresses all the wrong issues while doing nothing to address the right issues and to solve the real problems of the immigration system, is the tightening of the rules around modern slavery, where conclusive grounds of modern slavery are established in almost 90% of cases.

Other noble Lords will take issue with keeping asylum seekers in camps; preventing their integration into society; not allowing them to work; preventing them from making a positive contribution to society; treating those with a valid asylum claim as illegitimate; and depriving British nationals of their citizenship without even notifying them. If ever a Bill deserved not to be given a Second Reading, this is it—which is saying something as we still wrestle with the Police, Crime, Sentencing and Courts Bill.

We on these Benches accept that there needs to be grip and focus on illegal immigration, but this Bill is a distraction, and a very dangerous one. Rather than tackling the real issues, it diverts attention away from them and harms the most vulnerable in the process. We oppose almost all of it.