Safety of Rwanda (Asylum and Immigration) Bill

Debate between Michael Tomlinson and Lindsay Hoyle

Consideration of Lords message
Monday 22nd April 2024 Commons Chamber

[The Minister for Countering Illegal Migration (Michael Tomlinson)]

I beg to move, That this House disagrees with Lords amendment 3G.

[Mr Speaker]

With this it will be convenient to discuss Lords amendment 10F, and Government motion to disagree.

[Michael Tomlinson]

It appears that I was indeed optimistic last week when I foresaw the end of ping-pong and looked forward to the time when we were not debating this particular piece of legislation. It is disappointing that we are back here again. Of course the other place should undertake its role as a revising Chamber, and of course it is entitled to ask the Government to think again, but we did think again, with the House now voting for the third time as part of ping-pong and strongly endorsing this Bill. We need to bring the process to a conclusion.

The Labour party has voted against our measures to tackle illegal migration 134 times. One hundred and thirty-four times it has told the British people that it opposes our tougher immigration legislation. Enough is enough. The Opposition have delayed this Bill for too long, and we must get on with it.

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[Michael Tomlinson]

This amendment is unnecessary. As I have told the hon. Lady and tried to explain to the House, there is already existing legislation, including but not limited to the Illegal Migration Act. I have confirmed that the Government will not remove to Rwanda those who receive a positive eligibility decision as a result of the review. This Government recognise the commitment and responsibility that come with combat veterans, whether our own or those who have shown courage in serving alongside us. We will not let them down.

Criminal gangs are determining who comes to the United Kingdom, as vulnerable people are lured into risking their lives in unseaworthy boats. Billions of pounds of taxpayers’ money is being spent on illegal migration, and our resources and services are reaching their limits. We must put an end to it. We must pass this legislation and stop the boats.

I urge the House once again to send an unambiguous message to the other place that the time has come for the Labour Lords to respect the views of this House and to let this Bill now pass.

[Mr Speaker]

I call the shadow Minister

Oral Answers to Questions

Debate between Michael Tomlinson and Lindsay Hoyle

Monday 15th April 2024 Commons Chamber

[Michael Tomlinson]

The removals increased last year. It is interesting to note that Opposition Members, including the leader of the Labour party, have campaigned to ensure they are preventing the deportation of foreign criminals. Those on the Government Benches are determined to see foreign criminals removed, and there was an increase in removals of 74% last year.

[Mr Speaker]

I call the shadow Minister.

[Stephen Kinnock (Aberavon) (Lab)]

Under successive Conservative Governments since 2010, returns of failed asylum seekers have collapsed by 44%, and returns of foreign national offenders have fallen by almost 30% over the same period. For all the Government’s tough talk, only 2% of those arriving on small boats since 2018 have been returned anywhere, yet Ministers are still resisting Labour’s plan for a new returns and enforcement unit to ensure the swift removal of those with no right to be here. Meanwhile, over the weekend, more people crossed the channel in small boats than will be covered in the entire first year of the Government’s failing Rwanda scheme. Will the Minister stop the headline-chasing gimmicks and instead commit to setting out his plan for the 99% of people currently stuck in the asylum system who will never be sent to Rwanda?

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Michael Tomlinson and Lindsay Hoyle

Consideration of Lords amendments
Monday 18th March 2024 Commons Chamber

[The Minister for Countering Illegal Migration (Michael Tomlinson)]

I beg to move, That this House disagrees with Lords amendment 1.

[Mr Speaker]

With this it will be convenient to discuss Lords amendments 2 to 10, and Government motions to disagree.

[Michael Tomlinson]

This Bill is an essential element of our wider strategy to protect our borders, and to stop the boats to prevent the tragic loss of life at sea caused by dangerous, illegal and unnecessary crossings of the channel. There are 10 Lords amendments. First, I turn to amendment 1. It implies that the legislation is not compliant with the rule of law, but I can confirm that it is. I do not accept that the Bill undermines the rule of law, and the Government take our responsibilities and international obligations incredibly seriously. There is nothing in the Bill that requires any act or omission that conflicts with our international obligations.

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[Michael Tomlinson]

We had a debate on Thursday on the costs of the scheme and not a single Labour Back Bencher was there. There was only the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who proposed the debate, and the shadow Minister. Of course, I do not treat the right hon. Lady as an ordinary Back Bencher, because she is the Chair of the Home Affairs Select Committee. It was her debate, and not a single other Labour Back Bencher was there. That shows the lack of priority that Labour Members give to this matter.

In relation to amendment 10, section 4 of the Illegal Migration Act, passed last year, enables the Secretary of State, by regulations, to specify categories of persons to whom the duty to remove is not to apply, whether temporarily or permanently. For those who are not in scope of the IMA, the Home Secretary has discretion to consider cases on a case-by-case basis where circumstances demand it. I want to reassure Parliament that once the UK special forces and Afghan relocations and assistance policy review has concluded, the Government will consider and revisit how the IMA and removal under existing immigration legislation will apply to those who are determined to be eligible as a result of the review, ensuring that those people receive the attention that they deserve. The Government recognise the commitment and the responsibility that come with combat veterans, whether our own or those who showed courage by serving alongside us, and we will not let them down.

The Bill and the legally binding treaty will make it clear that Rwanda is a safe country to which we can swiftly remove those who enter the United Kingdom illegally. It addresses the factual concerns identified by the Supreme Court. It provides for clear, detailed and binding obligations in international law on both parties. It will prevent systematic legal challenges about the safety of Rwanda from frustrating and delaying removals. As my hon. Friend the Member for Gloucester (Richard Graham) set out, it provides a strong deterrent and a clear message to illegal migrants and criminal gangs that if people come to this country by unlawful means, they will not be able to stay.

[Mr Speaker]

I call the shadow Minister.

Oral Answers to Questions

Debate between Michael Tomlinson and Lindsay Hoyle

Thursday 19th October 2023 Commons Chamber

[The Solicitor General]

The hon. Gentleman gives me the opportunity to pay tribute to the new director. He is the right candidate for the job. He brings a wealth of experience. He will listen to what the hon. Gentleman says and to what we all say in this Chamber. He has expertise in leading large, complex and multidisciplinary law enforcement organisations, and we look forward to supporting him in his work.

His Majesty’s Crown Prosecution Service inspectorate inspects not only the CPS, but the SFO, so it was remiss of me earlier not to pay tribute to the inspectorate and to the chief inspector for his work.

[Mr Speaker]

I call the shadow Minister.

[Andy Slaughter (Hammersmith) (Lab)]

I join the Solicitor General in welcoming Nick Ephgrave as he takes on one of the most difficult jobs in law enforcement. His arrival in post was announced by the SFO abandoning the three long-running and expensive prosecutions of Rio Tinto, Eurasian Natural Resources, and the Alpha and Green Park group. That follows a chain of failed cases, from G4S and Serco to Unaoil. With permanent staff vacancies of around 25%, and a case load that has fallen by half in recent years, why should the new director think that this lame duck Government will make the SFO a hawk in the world of financial crime?

Retained EU Law (Revocation and Reform) Bill

Debate between Michael Tomlinson and Lindsay Hoyle

Consideration of Lords message
Monday 12th June 2023 Commons Chamber

[The Solicitor General (Michael Tomlinson)]

I beg to move, That this House disagrees with Lords amendment 15B.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government motion not to insist on amendment 16A, and Lords amendment 16C in lieu.

Lords amendment 42B, and Government motion to disagree.

[The Solicitor General]

It is an honour once again to open a debate on this landmark legislation, which we are now very close to passing. We are fully taking back control of our laws, and we are ending the supremacy and special status afforded to retained EU law.

As you explained so clearly a few moments ago, Mr Speaker, there are three motions before the House this afternoon. Let me first speak briefly about the reporting requirements in Lords amendment 16C—and let me also be the first to congratulate from the Dispatch Box my hon. Friend the Member for Stone (Sir William Cash) on being made a Companion of Honour. I thank him for the work that he did on this amendment, alongside Baroness Noakes. It is, of course, important that we continue to update Parliament on our progress in reforming retained EU law, and that is exactly what we as a Government are committed to doing with clause 16. I can reassure my hon. Friend that Lords amendment 16C is only a drafting tweak and the substance is exactly the same as what was tabled by him and supported by so many other Conservative Members, and I ask the House to agree to this final tweak.

Let me now turn to the parts of the Bill on which we have not managed to reach agreement with those in the other place. I will begin with Lords Amendment 42B. I am sure that many Members present will have followed their lordships’ debate closely. However, the Government have not just followed the debate; leading from the front, my right hon. Friend the Secretary of State for Business and Trade has worked to find solutions on the sunset provision to resolve concerns about references to higher courts. As I have already mentioned, we are committed to updating Parliament regularly on the progress of reforms.

It is clear that we have accommodated many of their lordships’ wishes, but I respectfully suggest that now is not the time for their lordships to insist on a novel and untested method of parliamentary scrutiny on the reform powers in the Bill. It has been asserted that the Lords amendment has a precedent in the Civil Contingencies Act 2004, but in fact those powers have never been used. Let me be clear: it is not the Government’s intention for the powers in the Bill to languish on the statute book. My right hon. Friend the Secretary of State has already made the first announcement on regulatory reform and how we intend to reduce burdens for businesses and spur economic growth, and that is only the beginning of our ambition.

[The Solicitor General]

I should be delighted.

[Mr Speaker]

Order. May I just say that I was very sorry to hear the news that the hon. Lady will not be standing in the next general election?

[Caroline Lucas]

Thank you very much, Mr Speaker.

May I put it to the Minister that it is a bit odd to object to something simply because it will be a novel procedure? Everything is novel once. If we are to improve the effectiveness of Parliament, surely some novel procedures are precisely what we need.

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[The Solicitor General]

I will give way but I am conscious that a number people want to speak, so I will then make some progress.

[Mr Speaker]

indicated assent.

[Sir William Cash]

With the greatest respect, I just want to say through the Minister to the hon. Member for Chesterfield (Mr Perkins) that, although the European Parliament does its job, the laws are actually made by the Council of Ministers behind closed doors, by qualified majority vote and without even a transcript in Hansard. That is not a basis on which one could make any assumption that we would ever agree to them. It was always done by consensus.

[The Solicitor General]

Mr Speaker, you were absolutely right to encourage me to take that intervention, and I am grateful to my hon. Friend the Member for Stone (Sir William Cash). I pay tribute to him for all his work in this House. His announcement over the weekend came as a great sadness, shock and surprise. I know that he has a lot of work to do between now and the next election, and I look forward to these debates in the future. Thank you for encouraging me to take his intervention, Mr Speaker.

Lords amendment 42B is both unnecessary and potentially detrimental to this country’s environmental standards. We have made a commitment at every stage of this Bill that we will not lower environmental protections, and that we will ensure the continued implementation of our international obligations. Indeed, I am reminded of the rare moment of agreement between my hon. Friend the Member for North Dorset (Simon Hoare) and the right hon. Member for East Antrim (Sammy Wilson) during our last outing. They found common accord, and they are both right that there is simply no reason or incentive for the Government not to uphold our high environmental standards, of which we are rightly proud. It is simply not necessary for this commitment to be on the face of the Bill, especially not in a way that would make it more difficult to achieve any meaningful reforms that benefit the UK.

I will not try your patience, Mr Speaker, by listing all the Government’s post-Brexit achievements, but some of the steps we are taking go above and beyond EU law. [Hon. Members: “What are they?”] The Opposition are encouraging me to do so, and who am I to say no?

[Mr Speaker]

No, but I might.

[The Solicitor General]

I am keeping a very careful eye on timings and on your indication, Mr Speaker. I will not abuse your patience, but let me list some of the important measures passed by this Government. Our environmental standards are now world leading, thanks to the Agriculture Act 2020, the Fisheries Act 2020 and the landmark Environment Act 2021, which will deliver the most ambitious environmental programme anywhere.

Furthermore, Lords amendment 42B is not just unnecessary but may even endanger our environmental standards. The amendment would make it harder to retain the effect of existing regulations, as it applies to restatements of retained EU law. [Interruption.] It is very timely that the Secretary of State for Environment, Food and Rural Affairs arrives in the Chamber just as I am championing all the steps that she and her predecessors have taken to protect and lead the world through our environmental standards.

Lords amendment 42B would add friction. It is unnecessary and potentially self-defeating. The Government want to ensure that we capitalise on the UK’s competitive advantages now that we are no longer restrained by our membership of the EU. I invite the House to support the motions in the name of the Secretary of State for Business and Trade.

[Mr Speaker]

I call the shadow Minister.

Oral Answers to Questions

Debate between Michael Tomlinson and Lindsay Hoyle

Thursday 25th May 2023 Commons Chamber

[The Solicitor General]

As ever, I am grateful to my right hon. Friend for his question. I am sure he will have seen the written ministerial statement that was laid before the House yesterday. The update confirmed that the planned review is ongoing. Additionally, since April this year, case lists prepared for superintendents’ meetings include all cases that may have required case consent and, importantly, there is more explicit signposting to high-risk cases.

[Mr Speaker]

I call the shadow Minister.

[Andy Slaughter (Hammersmith) (Lab)]

Could we talk about the fraud strategy, which, sadly, is itself a bit of a fraud? As revealed by Spotlight on Corruption, the new national fraud squad is patched together with £100 million already announced last year and 400 officers, up to 300 of whom are already in post. With no new money and precious few new staff, how on earth will that make a dent in the £6.8 billion a year lost to consumer fraud, let alone the £21 billion a year in public sector fraud that this Government let run rife?

Oral Answers to Questions

Debate between Michael Tomlinson and Lindsay Hoyle

Wednesday 1st February 2023 Commons Chamber

[The Solicitor General]

In the hon. Lady’s area of the north-east, the CPS is particularly successful in getting uplifts to sentences in relation to hate crime. In the last rolling year to date, it has been successful in obtaining uplifts in 90% of cases. The question she raises is important and the CPS is working incredibly hard in that area.

[Mr Speaker]

Before we come to Prime Minister’s questions, I would like to point out that the British Sign Language interpretation of proceedings is available to watch on parliamentlive.tv.

Oral Answers to Questions

Debate between Michael Tomlinson and Lindsay Hoyle

Wednesday 7th December 2022 Commons Chamber

[The Solicitor General]

I am grateful to the hon. Lady for mentioning the new hotline. It is right that, overall, prosecutions are up 49% and convictions for rape are up 41%, but she is right in what she says. There are three pilot areas for rape courts, but each and every Crown court can take on rape cases, and I am determined to see prosecutions and convictions rise.

[Mr Speaker]

I call Geraint Davies—not here. I call Dr Caroline Johnson.

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

For women who have been raped, the time that that takes to come to court, when it does come to court, is too often long and traumatic. What is my hon. Friend doing to ensure that the time is shorter for all concerned?

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[The Solicitor General]

I thank my hon. Friend for his question and for championing his local area, and he is right. One thing that we can do is to support victims, and we are doing that, not least through the ISVAs. When victims have that help and support, they are 49% more likely to stay with the programme and to continue to support and progress through the criminal justice system.

[Mr Speaker]

I call the shadow Attorney General.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I believe that the Solicitor General is now an old hand at this, but may I welcome the new Attorney General to her place?

As the Solicitor General will know, an estimated one in five women in this country have experienced the daily misery of being stalked and the constant fear that their stalker may one day attack them. In the year ending March 2022, almost 120,000 stalking offences were reported to the police, but less than 6,000 of those reports resulted in a charge. That is a charge rate of just 5%, compared with 7% the year before. Does the Solicitor General think that is good enough?

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[The Solicitor General]

I pay tribute to the right hon. Lady for the tone that she is striking. She is absolutely right to highlight this issue. The Attorney General and I will look at it incredibly closely, of course, and we will do exactly as the right hon. Lady says.

[Mr Speaker]

We now come to the SNP spokesperson.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

May I also take the opportunity to welcome the Attorney General to her place? A commitment to protecting women and girls should mean protecting all women and girls. Safeguards protecting against gender-based violence must be extended to migrant women. What representations has the Attorney General made to the Home Office to ensure that migrant women are offered the same protections as other women in the UK, and to ratify the Istanbul convention fully and without reservation?

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[Mr Speaker]

Scott Benton is not here, but can someone answer the question?

[The Solicitor General (Michael Tomlinson)]

I recently met frontline prosecutors in Bristol, Devon and London to see at first hand the work being undertaken to tackle the backlog. The CPS has created a national surge team that could be deployed to any region in England and Wales to relieve casework pressures.

[Mr Speaker]

I call the shadow Solicitor General.

[Andy Slaughter (Hammersmith) (Lab)]

I welcome the new Attorney General to her position. However, the backlog is still going up. Last week a solicitor was jailed for 12 years for a £10 million fraud after a private prosecution that was brought because the CPS had taken no action. Last year the prosecution rate for fraud, the most commonly experienced crime, was 0.5%, and for the past five years the average number of prosecutions initiated by the Serious Fraud Office has been four. Is the Attorney General’s solution to the backlog not to prosecute cases at all, and is this not a pathetic record of inaction by a Government who have gone soft on crime?

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[The Solicitor General]

I have had several meetings with both the CPS and the police. It is important for them to work together. When it comes to, for example, prosecutions for rape and serious sexual offences, it is important for early advice to be sought and for co-operation to be seen between the police and the CPS. As for disclosure issues more widely, the Attorney General and I are looking at those very closely.

[Mr Speaker]

I call the Chair of the Justice Committee.

[Mr Speaker]

Come on! Somebody answer the question!

[The Solicitor General]

That pleasure falls to me, Mr Speaker. I am grateful to my hon. Friend for his kind words, as I know the Attorney General is. He is right to highlight the words of the Director of Public Prosecutions, and he will know that the Attorney General and I work closely with the director and listen carefully to what he says.

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[Gavin Robinson (Belfast East) (DUP)]

Would the Solicitor General recognise that whenever people in this country try to have a debate around mandatory minimum sentences there is an automatic superficial reaction that talks about the need for judicial discretion, yet there are crimes for which we as a Parliament should be clear as to the appropriate sentence that people ought to expect? [Interruption.]

[Mr Speaker]

Order. I just want to remind Members not to walk in front of other Members—[Interruption.] Mary Kelly Foy, you walked right in front of the Member who was asking the Minister a question. Please can we all wait, to help each other?

[The Solicitor General]

The hon. Member for Belfast East (Gavin Robinson) always raises a serious point in relation to these issues. It is right to acknowledge that in the vast majority of cases the sentencing judges get it right, but when Parliament sets down the guidelines and the ambits, they should be followed closely.

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[The Solicitor General]

Both the CPS and the SFO play a significant role in tackling fraud and economic crime, and we should not gloss over the successes that there have been. Once again, I pay tribute to the SFO for its successful prosecution of Glencore, which resulted in a £280 million total payment, the highest ever that has been ordered in a corporate criminal conviction in the United Kingdom.

[Mr Speaker]

His Majesty the King is visiting Parliament next Wednesday. Between 3.15 pm and 3.45 pm, the sitting of both Houses will be temporarily suspended. His Majesty will be unveiling a plaque in Westminster Hall, and then unveiling and switching on the platinum jubilee gift from Members of both Houses in New Palace Yard. Members wishing to attend either location should email Black Rod’s office by 4 pm tomorrow.

Before we come to Prime Minister’s questions, I would like to point out that the British Sign Language interpretation of proceedings is available to watch on parliamentlive.tv.