Criminal Justice Bill

Nigel Evans Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

[Tracey Crouch]

I completely agree with the hon. Lady. People who find themselves sleeping rough on the streets are in a desperate situation, and the provisions in the Bill will do nothing to help them. Our local authorities, which often get a bad rap for the consequences of rough sleeping, have many officers doing brilliant work in trying to support rough sleepers. We need a holistic approach to tackling that issue. We do not need to criminalise them through these provisions, some of which, by the way, are laughable, respectfully. We have the idea that a prevention notice can be served to a rough sleeper at their last known address in writing. I am not entirely sure why that provision is even in there.

The point is that we need to be supporting people who are rough sleeping. I get that there is an issue with aggressive begging. In fact, various mayors across our metropolitan cities have said that, but rough sleeping does not need to be criminalised. We got rid of that as part of the Vagrancy Act repeal, which was supported by the Government. All we are doing is bringing that criminalisation in by the back door.

I will support the Bill on Second Reading because of the other measures, but I strongly urge the Government to remove the clauses on nuisance rough sleeping from the Bill. If not, I will certainly lend my name to amendments to remove those clauses from the Bill, on which I hope I would get cross-party support as a consequence. There are other ways of dealing with rough sleeping, rather than criminalising people.

The Bill also contains welcome measures to improve public confidence in policing after significant failings within forces to identify and investigate criminal behaviours. Those are welcome, given the shocking high-profile cases of recent years, but I suggest we reflect on how we protect good officers who do their job in challenging and fast-moving situations from prosecution. The Times on Saturday reported on the prosecution of PC Paul Fisher, who crashed en route to south London, where Sudesh Amman, a convicted terrorist, had stabbed two members of the public. The Metropolitan Police Commissioner Sir Mark Rowley said that it

“undermines the confidence of all officers using their powers to keep the public safe.”

He is spot on.

A constituent of mine—a frontline Metropolitan police dog handler—was sentenced today having been found guilty of actual bodily harm after apprehending a dangerous criminal, who was subsequently sentenced to 14 months in prison. At the time, he was hailed “brave” and a “hero”. A complaint made from prison was dismissed by every level of the internal standards process, and it was only when the prisoner appealed again that it ended up in court, with the shocking guilty verdict. My constituent’s 21 years of exemplary service are in tatters due to a system that actively works against frontline officers and instead advocates for passive policing. We do need to improve standards of policing across our forces, but, at the same time, we need to protect those officers who are doing their jobs.

I turn to issues that would be helpful inclusions in the Bill. This morning, the first part of the inquiry into the depraved acts of David Fuller in the mortuaries of the Maidstone and Tunbridge Wells NHS Trust was published. The families of the victims of Fuller are always at the front of our minds when we, the MPs whose constituencies are covered by the trust and where many of them live, are informed about the inquiry. We collectively agree that the Government, the NHS and the trust should accept and act on the recommendations of Sir Jonathan’s report without delay.

Fuller will rightly serve the rest of his life in prison for the heinous crimes he committed, but there are two additional aspects of his crimes that the Government must also act on. First, the woefully short maximum sentence of two years for anyone found guilty of the sexual assault of a dead body needs to be substantially increased to at least 10 years, as per Baroness Noakes’s amendment to the previous Police, Crime, Sentencing and Courts Bill. Secondly, the current legislation applies only to the sexual assault of a dead body that involves penetration. Given the sensitivity of this matter, and on this day when coincidently the inquiry published its report and we are debating the Bill, I do not want to go into further details, but, in short, non-penetrative sexual assault of a dead body is not included under existing legislation, and that needs to be changed. I and my right hon. Friend the Member for Tunbridge Wells (Greg Clark), who is currently abroad on Government business, will table an amendment to the Bill to that end. I truly hope that we will never see such depravity again, but in memory of those who were victims of Fuller’s crimes, we must ensure that the offence covers all acts of assault and that sentences are increased significantly.

I turn to an entirely different point. I am surprised not to see in the Bill a specific offence of tailgating at football matches. The House will have seen Baroness Casey’s report following the violence at the Euro 2020 finals. Tailgating causes significant operational, safety and security problems for major events at Wembley stadium as well as other football matches across the country—I witnessed that as I experienced the surge of those illegally attempting entry to Wembley as I queued to get into the final. I understand that the Home Office agrees with the recommendation for a specific offence and that King’s counsel has recommended to the FA that that can be done through either an update to the Football (Offences) Act 1991 via statutory instrument, or adding it to the Bill. Given that the Bill is in front of us, it feels like a missed opportunity not to include that offence in it, so I will happily table an amendment to ensure that it is in place long before we host Euro 2028.

Finally, there is one other point that I was surprised not to see in the Bill. There are many reasons for us to be disappointed that the Government dropped the kept animals Bill, but one particular reason, which is relevant to this Bill, is that it would have introduced a specific pet abduction offence. Given that there is no debate about the harm and impact of pet theft, I was surprised not to see the offence included in this already wide-ranging bill. There has been an increase in pet theft, and the Government’s pet theft taskforce believes that pet owners should not live in fear of this cruel crime. Since this was in our manifesto, I hope the Government will either table an amendment or support a Back Benchers’ amendment that creates a stand-alone offence and bring reassurance to the millions of pet owners across the country.

I appreciate that I have raised a varied list of points, and that others wish to speak and I am running out of time. In summary, this is an important Bill—our last Criminal Justice Bill before the election. There are things in it that we need to do. There are things in it that we do not need to do. There are still things that we need to put into it. Fortunately, we have an excellent ministerial team responsible for the Bill. I look forward to working with them as it progresses through Parliament.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the Chair of the Home Affairs Committee.

Dangerous Drugs

Nigel Evans Excerpts

Tuesday 12th September 2023 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Before I call Alison Thewliss, I point out that, as Members can see, there is a bit of interest in the debate. I will not impose a time limit, but I intend to call the Minister no later than 6.30 pm. If there are to be Divisions, they will come when the Minister sits down.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

As I said, I will be calling the Minister at 6.30 pm, if not before. Three Members wish to speak. If you could all help one another so that everybody gets in, that would be really useful. I call Ronnie Cowan.

Illegal Migration Bill

Nigel Evans Excerpts

Tuesday 11th July 2023 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. It is clear to me that this debate is going to go the distance, and a number of people are trying to catch my eye. We have only two hours left, so may I ask for brevity, as it would be incredibly useful in trying to get everybody in? I call Theresa May.

[Mrs May]

Thank you, Mr Deputy Speaker. I want to concentrate my remarks on Lords amendments 2 and 56. I welcome the Government’s movement on the issue of retrospection. Whatever the motivation, it does mean that people who come here and are subjected to slavery, and who arrived after 7 March and before the commencement of the Bill, will get support. I welcome that.

However, of course I want support to continue for the victims of modern slavery here in the UK after commencement of the Bill. Hence my interest, as a former Home Secretary and long-standing Member of this House, in Lords amendment 56, which was tabled by Lord Randall. The Bill has been marketed as a stop the boats Bill. We all want to stop the boats. Nobody wants to see people risking their lives in small boats going across the channel, as we do not want to see people risking their lives in unseaworthy vessels going across the Mediterranean. However, this Bill is not just written to stop the boats; it covers all illegal migration and its unwritten subtext is the “stop certain victims’ claims of modern slavery” Bill. This is not about stopping false claims of modern slavery; it is about stopping all claims, full stop. That is where I depart from the Government.

When I was Home Secretary, we were very clear that modern slavery should not be seen as part of the immigration issue, but the Government are now taking those two together, and that is one of the difficulties. It is not clear what problem will be solved by saying that people who are here illegally cannot claim modern slavery and cannot be afforded the support and protection afforded to modern slavery victims, and, therefore, it is not clear why the Government want to reject Lords amendment 56.

Perhaps the Government’s concern is that people will come off the small boats and claim modern slavery, but the amendment does not allow them to do that. It has been suggested to me that a boat might land and not be apprehended, and when somebody is caught a couple of days later, for example, they would then claim modern slavery. First, let me say that the first responders, aided by the changes in the Nationality and Borders Act 2022, should be well able to see through that. Secondly, the purpose of the Bill is to stop the boats, so if the Bill is successful, that situation will not occur.

Lords amendment 56 is not about small boats. Almost no one arriving on a small boat after commencement of this Bill will be covered by it, but I do want to set out the type of victim who would be covered by that amendment and, therefore, is now going to be denied support as a victim of modern slavery.

Let us imagine a young woman—it could be a young man but, given the numbers, it is most likely to be a young woman—who is persuaded by a male friend to come over to the UK for what he says will be a great job and a wonderful life together. Perhaps she thinks that they are in love, that this is a way of getting out of the debt she is in, or that she wants to leave a difficult family relationship or an abusive relationship. She comes with him, probably on illegal documents, but that is unbeknown to her. As soon as she gets here, she is put into prostitution and he benefits financially from that. Forced into sexual exploitation, living in appalling conditions and not paid, she is in slavery. After several months or perhaps after years, she manages to escape. Under the Modern Slavery Act 2015, she could be provided with the support needs to get her life back and enable the police to identify and prosecute the perpetrators.

Under this Bill, the Government’s response would be quite different. She would get no support. The Government’s response would be, “We don’t care that you have been in slavery in the UK. We don’t care that you’ve been in a living hell. We don’t care that you have been the victim of crime. We do care that you came here illegally, even though you probably didn’t know it. So we are going to detain you and send you home, even if it is into the arms of the very people who trafficked you here in the first place. Or we want to send you to Rwanda.” No thought would be given to whether the young woman would get her life back and, crucially, no thought would be given to catching and prosecuting the perpetrators. The evidence of the police is clear: if we want victims to provide evidence to bring slave drivers to justice, the victims need time and support, and they need to be here. This Bill ties the hands of the police and undoes the good work of the Modern Slavery Act.

I know that Ministers have said that this Bill will enable more perpetrators to be stopped, but on modern slavery I genuinely believe it will do the opposite: it will enable more slave drivers to operate and make money out of human misery. It will consign more people to slavery. There is no doubt about it: if Lords amendment 56 is overthrown, that will be the impact.

The Minister has shown a willingness—he has described this at the Dispatch Box today—to look for mitigations. However, as he said, so far those mitigations have been offered as limited change and only in guidance, not in the Bill. The best mitigation would be not to press the objection to Lords amendment 56 and allow it to stand in the Bill. In the absence of that, I hope that the Government will stand by assurances they have given to find some workable compromise, but to put it in the Bill. The Government want to deny certain victims of modern slavery support, which will deeply damage the operation of the Modern Slavery Act. The alternative is to let Lords amendment 56 stand. If the Government persist in disagreeing with Lords amendment 56, I will have to persist in disagreeing with the Government.

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

I call Dame Diana Johnson.

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

Thank you, Mr Deputy Speaker. May I start by agreeing with the Minister on the vital role that the other place plays as a revising Chamber—

[Mr Deputy Speaker]

Order. Sorry, Dame Diana. You are the next one to speak from your party, and I have made a faux pas. I should call Stuart C. McDonald.

[Stuart C. McDonald]

I absolutely forgive you for that, Mr Deputy Speaker, and I offer my apologies to the Chair of the Home Affairs Committee. I look forward to hearing her remarks shortly.

It is a pleasure to follow the right hon. Member for Maidenhead (Mrs May), and I echo everything she said about modern slavery. I would like to say it is a pleasure to be taking part in a debate on this Bill again, but unfortunately it most definitely is not. Members will not be surprised to hear that the position of my party is that this remains a rotten, utterly misconceived and cruel Bill that will not stop boats but will cause immense human suffering to people who have fled persecution and harm. For the reasons we have just heard, it is a traffickers charter. It has been rushed through Parliament in a most appalling way, without consultation or proper scrutiny.

Although the House of Lords has done some decent work to date, forgive me if we are not popping the champagne corks at this stage. The 20 Lords amendments add a bit of polish, but they barely scratch the surface of the problems with the Bill, and experience tells us, unfortunately, that their lordships will be bargained down to three or four moderate concessions. They have already passed up the chance to refuse the Bill a Second Reading, with Labour peers abstaining for utterly unconvincing reasons. If it was a revising Chamber with any sort of teeth or credibility, it would at least be using its powers to delay this Bill and let voters decide this issue for themselves at the next election.

In that context, it is vital that we remember during today’s debate and the whole ping-pong process that only one solitary sentence in the Government’s 2019 manifesto referred to asylum. It was a very benign sentence:

“We will continue to grant asylum and support to refugees fleeing persecution, with the ultimate aim of helping them to return home if it is safe to do so.”

That was it. This Bill, and every single one of the Government’s motions to reject the Lords amendments, is completely and utterly contrary to that pledge. Without the amendments, the Bill will essentially stop the grant of asylum to almost anyone. Instead of offering support or an assisted return home to most refugees, it will enforce unlimited detention at the whim of the Home Secretary, permanent limbo, or threatened removal to Rwanda. Even children and trafficking victims are not to be spared, and the consequences for them will be horrendous.

This outrageous Bill, which rides roughshod over international law without any electoral endorsement, is precisely the sort of Bill that the House of Lords should be voting down and delaying. We can make that less necessary by agreeing to all the Lords amendments. That is the least we should do, and it really should not be too much to ask.

As we have heard, we are talking about amendments that will ensure compliance with our international obligations under vital international treaties such as the refugee convention, the European convention on human rights, the trafficking convention and the convention on the rights of the child. We are talking about basic respect for the rule of law, and my party wholeheartedly endorses Lords amendment 1, which incorporates those obligations into the Bill.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I will call Tim Loughton first, and then it will be Dame Diana take two.

[Tim Loughton]

I will aim to complete my speech in less time than it took the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) to start talking about the Lords amendments, which is what we are here to do—but we will see how we go. I declare an interest as the chair of a safeguarding board of a children’s company.

I thank the Minister for the extensive discussions that we have had about the Lords amendments. I fear that we have not quite got there, so we may be back here again in a while. There has been an inordinate amount of debate on the Bill, and a lot of work has been done in the Lords, which is why we have so many amendments.

I support the Bill and I want it to pass, but it needs properly to balance safe and legal routes, and assurances about looking after the most vulnerable—particularly children—with coming down hard on people who are gaming the system and do not have a legitimate case for claiming asylum in the UK.

I do not have time to talk about every Lords amendment, so I will focus on two main areas: child detention, and safe and legal routes. I am pleased and grateful to the Government for the progress that we have made on the detention of pregnant women; that was a no-brainer, frankly. I also have some concerns around the treatment of people being transported back to other countries on the grounds of sexuality, and I want further assurances on that from the Minister. I also have concerns about accompanied children. There is a real problem with so-called families, who have been put together by people smugglers, as the Home Affairs Committee saw when we went to Dover. We came across somebody claiming to be the uncle of a young girl and they did not even speak the same language. There are problems here, but I absolutely want to concentrate on unaccompanied asylum-seeking children.

I am also pleased that Lord Carlile’s amendments around retrospectivity have been accepted. The Archbishop of Canterbury’s 10-year strategy has some merit in it, but I do not think that it is for this Bill; it is a strategy for a Government rather than being for a piece of legislation such as this.

On the subject of child detention, despite the substantial discussions I mentioned, it would appear that the Government are setting out only a very narrow concession, just to give the possibility of bail after eight days to one small subgroup of unaccompanied asylum-seeking children detained on the grounds of removal only. The Government themselves said in March in guidance:

“A period of detention can have a significant and negative impact on a child’s mental or physical health and development”.

I think that we would all agree with that, so such detention needs to be used sensitively and sparingly.

This is a really sensitive issue. I think it was a proud achievement of the coalition Government when, after a Citizens’ Assembly back in 2010, David Cameron said that child detention was not acceptable and pledged to end it. It was part of the coalition programme in May 2010. Detention policy changed in 2011 and was codified in the Immigration Act 2014. Large numbers of children were being detained before 2010. There were 1,065 children being detained in 2009 alone. There was a case of a three-year-old girl who had spent 166 days of her life—her short life—in Yarl’s Wood detention centre. That was completely unacceptable, so it was right that the law was changed.

At the time, guarantees were also made in a debate on the Nationality and Borders Bill. The Government made explicitly clear their commitment to the rationale that unaccompanied children should not be blocked from claiming asylum and would be exempt from the inadmissibility process. As the Minister set out on Report of that Bill:

“I wish to emphasise that we will always act in accordance with our international obligations, and to be very clear that unaccompanied asylum-seeking children will not be subject to inadmissibility or transferred for offshore processing.”—[Official Report, 7 December 2021; Vol. 705, c. 311.]

There was merit in that then and there is still merit in it now.

This matter was raised as a priority issue in the Committee and Report stages of this Bill. The Minister promised us changes in the Lords. That is why we did not push to a vote the amendments tabled in my name and the names of other right hon. and hon. Members at that stage. However, I am afraid that the promise did not materialise in the House of Lords, and only now, with amendments in lieu, are we seeing some concessions at this late stage, which, frankly, is not good enough. That is why, I am afraid, there is some scarcity of trust in the assurances given from the Dispatch Box, rather than stuff written, prima facie, in the Bill, or in specific guidance linked to undertakings in the Bill. We need to see more details in the Bill, not just assurances from the Dispatch Box, which have not always been forthcoming.

In changing the law, we need to comply with a clear set of principles when we are dealing with vulnerable children. Children should be treated differently from adults. Any child in the United Kingdom is entitled to the same protections whether they arrive on a boat or they were born here. Whether we like it or not, a child is a child and, as such, should be subject to the safety of the Children Act 1989, which is as relevant today as it was when it was first legislated for.

Illegal Migration Bill

Nigel Evans Excerpts

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

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

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Lords amendments 2, 6 to 9, 12, 20 and 22, Government motions to disagree and Government amendments (a) to (o) in lieu of Lords amendments 2, 12, 20 and 22.

Lords amendments 23 and 30, and Government motions to disagree.

Lords amendments 31 to 36, Government motions to disagree and Government amendments (a) and (b) in lieu of Lords amendments 31, 35 and 36.

Lords amendments 37 and 38, Government motions to disagree and Government amendments (a) to (e) in lieu of Lords amendments 37 and 38.

Lords amendments 39 to 67, and Government motions to disagree.

Lords amendments 73 and 74, Government motions to disagree and Government amendment (a) in lieu of Lords amendments 73 and 74.

Lords amendment 90, Government motion to disagree and Government amendments (a) to (c) to the words so restored to the Bill.

Lords amendment 93, and Government motion to disagree.

Lords amendment 95, Government motion to disagree and Government amendments (a) and (b) in lieu.

Lords amendments 102 to 104 and 107, and Government motions to disagree.

Lords amendments 3 to 5, 10, 11, 13 to 19, 21, 24 to 29, 68 to 72, 75 to 89, 91, 92, 94, 96 to 101, 105, 106 and 108 to 114.

[Robert Jenrick]

This Bill is vital to stopping the boats and preventing the dangerous, illegal and unnecessary journeys across the channel. The Bill as passed by this House made it unambiguously clear to illegal migrants and people smugglers alike that, if they come to this country by unlawful means, they will not be able to stay. Instead, they will be detained and swiftly removed either to their home country or to a safe third country.

The Government brought forward a number of amendments in the Lords to enhance the Bill. These are largely of a technical nature, so I will not detain the House by setting these out now. Instead, I will confine my remarks to the non-Government amendments passed by the other place. I am grateful to the House of Lords for undertaking its proper role as a revising Chamber. Some of the changes made by the other place are, however, little short of wrecking amendments, and are not ones that the Government can support. There are a few honourable exceptions and I will deal with those first.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am looking to see whether people are standing who did not put in to speak, and there are a couple at least. Thank you very much. You can resume your seats.

Royal Assent

[Mr Deputy Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that His Majesty has signified his Royal Assent to the following Acts:

Finance (No. 2) Act 2023

Supply and Appropriation (Main Estimates) Act 2023

National Security Act 2023.

Migration

Nigel Evans Excerpts

Thursday 15th June 2023 Commons Chamber

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

Members can see that this is a time-restricted debate. If everyone could show some constraint, it would be useful to get people in.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

I will have to introduce a seven-minute time limit, which may need to be reduced further to get everyone in.

Psilocybin Treatments

Nigel Evans Excerpts

Thursday 18th May 2023 Commons Chamber

[Relevant document: e-petition 621199, Reschedule psilocybin for medical research on untreatable conditions.]

[Mr Deputy Speaker (Mr Nigel Evans)]

We are now moving on to the final debate before the Adjournment, on the motion on access to—is it psilocybin? [Hon. Members: “Psilocybin”]—psilocybin treatments. I have learned something today, and I will learn a lot more, I suspect.

Public Order Act 2023

Nigel Evans Excerpts

Tuesday 16th May 2023 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. The Front Bench there is reserved for His Majesty’s official Opposition. I would be delighted to suspend the House for 10 minutes so I could go and have a cup of tea, but I am sure hon. Members will take their usual positions in order that we can start the second Opposition day motion on behalf of the SNP.

4.52 pm

[Alison Thewliss (Glasgow Central) (SNP)]

I beg to move,

That this House believes that the Public Order Act constitutes a serious infringement on the rights of the people to protest; and makes provision as set out in this Order:

(1) On Tuesday 23 May 2023:

(a) Standing Order No. 14(1) (which provides that government business shall have precedence at every sitting save as provided in that Order) shall not apply;

(b) any proceedings governed by this Order may be proceeded with until any hour, though opposed, and shall not be interrupted;

(c) the Speaker may not propose the question on the previous question, and may not put any question under Standing Order No. 36 (Closure of debate) or Standing Order No. 163 (Motion to sit in private);

(d) at 12.30 pm, the Speaker shall interrupt any business prior to the business governed by this Order and call the Leader of the Scottish National Party Westminster Group or another Member on his behalf to present a Bill concerning the repeal of the Public Order Act 2023 of which notice of presentation has been given and immediately thereafter (notwithstanding the practice of the House) call a Member to move the motion that the Bill be now read a second time as if it were an order of the House;

(e) in respect of that Bill, notices of Amendments, new Clauses and new Schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time;

(f) any proceedings interrupted or superseded by this Order may be resumed or (as the case may be) entered upon and proceeded with after the moment of interruption.

(2) The provisions of paragraphs (3) to (18) of this Order shall apply to and in connection with the proceedings on the Bill in the present Session of Parliament.

Timetable for the Bill on Tuesday 23 May 2023

(3) (a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be taken at the sitting on Tuesday 23 May 2023 in accordance with this Order.

(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) at 4.00 pm.

(c) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be brought to a conclusion (so far as not previously concluded) at 7.00 pm.

Timing of proceedings and Questions to be put on Tuesday 23 May 2023

(4) When the Bill has been read a second time:

(a) it shall, notwithstanding Standing Order No. 63 (Committal of bills not subject to a programme Order), stand committed to a Committee of the whole House without any Question being put;

(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

(5) (a) On the conclusion of proceedings in Committee of the whole House, the Chairman shall report the Bill to the House without putting any Question.

(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

(6) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (3), the Chairman or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply—

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment, new clause or new schedule selected by the Chairman or Speaker for separate decision;

(d) the Question on any amendment moved or Motion made by a designated Member;

(e) any other Question necessary for the disposal of the business to be concluded; and shall not put any other Questions, other than the Question on any motion described in paragraph (15) of this Order.

(7) On a Motion made for a new Clause or a new Schedule, the Chairman or Speaker shall

put only the Question that the Clause or Schedule be added to the Bill.

Consideration of Lords Amendments and Messages on a subsequent day

(8) If on any future sitting day any message on the Bill (other than a message that the House of Lords agrees with the Bill without amendment or agrees with any message from this House) is expected from the House of Lords, this House shall not adjourn until that message has been received and any proceedings under paragraph (9) have been concluded.

(9) On any day on which such a message is received, if a designated Member indicates to the Speaker an intention to proceed to consider that message—

(a) notwithstanding Standing Order No. 14(1) any Lords Amendments to the Bill or any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly;

(b) proceedings on consideration of Lords Amendments or on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under subparagraph (a) shall thereupon be resumed;

(c) the Speaker may not propose the question on the previous question, and may not put any question under Standing Order No. 36 (Closure of debate) or Standing Order No. 163 (Motion to sit in private) in the course of those proceedings.

(10) Paragraphs (2) to (7) of Standing Order No. 83F (Programme Orders: conclusion of proceedings on consideration of Lords amendments) apply for the purposes of bringing any proceedings on consideration of Lords Amendments to a conclusion as if:

(a) any reference to a Minister of the Crown were a reference to a designated Member;

(b) after paragraph (4)(a) there is inserted—

“(aa) the question on any amendment or motion selected by the Speaker for separate decision;”.

(11) Paragraphs (2) to (5) of Standing Order No. 83G (Programme Orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings on consideration of a Lords Message to a conclusion as if any reference to a Minister of the Crown were a reference to a designated Member.

Reasons Committee

(12) (a) Paragraphs (2) to (6) of Standing Order No. 83H (Programme Orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order as if any reference to a Minister of the Crown were a reference to a designated Member.

(b) The composition of the committee shall (notwithstanding the practice of the House) have three members from the government, three members from the largest opposition party and one member from the second largest opposition party.

Miscellaneous

(13) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings on the Bill to which this Order applies.

(14) (a) No Motion shall be made, except by a designated Member, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.

(b) No notice shall be required of such a Motion.

(c) Such a Motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.

(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.

(15) (a) No dilatory Motion shall be made in relation to proceedings on the Bill to which this Order applies except by a designated Member.

(b) The Question on any such Motion shall be put forthwith.

(16) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

(17) No private business may be considered at any sitting to which the provisions of this Order apply.

(18) (a) The start of any debate under Standing Order No. 24 (Emergency debates) to be held on a day on which proceedings to which this Order applies are to take place shall be postponed until the conclusion of any proceedings to which this Order applies.

(b) Standing Order 15(1) (Exempted business) shall apply in respect of any such debate.

(19) In this Order, “a designated Member” means—

(a) the Leader of the Scottish National Party in this House; and

(b) any other Member acting on behalf of the Leader of the Scottish National Party in this House.

Honestly, I think it would have been quite sensible for the SNP to fulfil the Opposition role in this place, Mr Deputy Speaker, because it would appear that His Majesty’s Opposition are not bothering to turn up this afternoon for this desperately important debate.

The Public Order Act 2023 is a massive overstep in power. As my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) has said, it is

“a draconian and utterly unjustified attack on protest rights.”—[Official Report, 7 March 2023; Vol. 729, c. 209.]

The right to freedom of peaceful assembly and association are fundamental human rights. The Public Order Act, both in the letter and in the application, which we saw during the coronation, not only undermines that right—it totally and completely shreds it.

Illegal Migration Bill

Nigel Evans Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

I do not have time to go into the detail, but I simply say that, by introducing a measure to restrict interim relief, the Bill will make it clear to the courts the intention that only in-country claims, other than factual suspensive claims, should be under the narrow exception provided by the Bill. In other words, where people face a real and imminent risk of “serious and irreversible harm” in the specific country to which they are being removed, this provision will apply and the courts will be restricted in the manner in which they apply that interpretation to the individual in question. That will ensure that all other legal challenges must be “non-suspensive”. In other words the courts can still hear an individual’s case out of country—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Sorry—time’s up. I call Patrick Grady.

[Patrick Grady]

I am not sure I fully completed my hon. Member for Stone bingo card there, but we certainly got most of the greatest hits.

I am not sure whether the hon. Member for Dover (Mrs Elphicke) is aware—I apologise to her if she was not—that a cross-party delegation of MPs visited the port of Dover last week with the Industry and Parliament Trust. We learned that in 55 BC illegal migrants from Rome, possibly led by Julius Caesar, were pelted from the White Cliffs with sticks and rocks. It is just as well that none of the Ministers from the Home Office was on that delegation, because it might have given them ideas for further amendments to the Bill, permitting the throwing of stones at craft attempting to land—or perhaps they would be instructing Border Force to seize the bronze age boat from Dover Museum in an attempt to track down any descendants of illegal migrants from 3,000 years ago.

We also learned about the Border Force processing facility in Dover. Despite the myths of an invasion of small boats washing up on beaches across the south of England, in reality most small boats are diverted directly from channel shipping lanes, where of course they are a major risk to larger vessels, and from there people are processed and sent directly to Marston or elsewhere. There is no invasion; there are no thousands of people prowling the streets. There are just human beings so desperate that they are willing to risk their lives to get here.

Although the provisions of the Bill are designed to be retroactive from 7 March this year, according to the Home Office website, there does not appear to be any significant change in the patterns of detections since the Bill was introduced, so if the Bill was supposed to have a deterrent effect, it appears to be failing from the start. However, that has not prevented the Government from doubling down on their hostile environment with the swathe of amendments they have tabled today.

In Committee, the Minister took issue with the number of amendments tabled by my hon. Friend the Member for Glasgow Central (Alison Thewliss), saying:

“At this rate, there will be more SNP amendments to the Bill than there are refugees whom they accommodate in Scotland. Instead of pruning the already excessive forest of legal challenges that we find, the hon. Member for Glasgow Central (Alison Thewliss) proposes a Kafkaesque array of new ones.”—[Official Report, 27 March 2023; Vol. 730, c. 777.]

Yet now it is the Government who have tabled a forest of amendments, with an amendment paper running to 73 pages. Of course, if the Government had tabled just one amendment, that would be more than the number of asylum seekers they actually seem to want to accommodate in this country.

If people are looking for Kafkaesque amendments, they should turn to Government new clause 26 and its consequential amendments. Picking and choosing which parts of the ECHR they want to apply at any given time betrays the true agenda of the Home Secretary and her cheerleaders on the Tory Back Benches—to take us out of European, and eventually global, human rights frameworks altogether.

The same applies to the Government amendments, which will undermine their own previous legislation on human trafficking and modern slavery. Those measures will be counterproductive; as the Trades Union Congress has said, the proposals will mean that,

“modern slavery victims who are trafficked…for exploitation will first be denied refuge, then returned to their country of origin and almost certainly back to the criminal gangs who trafficked them in the first place.”

Where the Government have been forced into making concessions, they are nowhere near adequate. I have heard from many constituents in Glasgow North who want refugees to be welcomed here, to have the right to work so they can contribute to our economy and society, as Plaid Cymru proposes in new clause 1, and to be able to come here by defined, safe and legal routes that are established and workable—not a vague pledge to publish a plan for a review of a consultation in a few months’ time, as suggested in new clause 8.

In fact, what constituents in Glasgow North want to see is the Bill defeated at Third Reading and scrapped altogether. Failing that, the Government should adopt the wide range of amendments tabled by the SNP, which aim to bring at least a vestige of humanity into the system, as our amendment 45 would do by requiring courts to make sure the Act is interpreted in line with our international treaty obligations, and to ensure it still resembles an actual asylum process rather than deportation charter, which is why we have tabled amendment 46 to delete clause 2 in its entirety.

I have asked this in this House before, but how often have Home Office Ministers, or their Faragiste fanboys on their Back Benches, sat down with asylum seekers and people who have come here on small boats to listen to their stories? There is an open invitation to any of them—Front Benchers and Back Benchers alike—to come to Glasgow North and meet the inspiring members of the Maryhill Integration Network, who have come here fleeing war and persecution and who, despite being met by the most hostile of environments created by the Home Office, are determined to make a new home in Scotland and make our society a better place for everyone to live in.

That is what an effective asylum system should be designed to produce: people in genuine need being supported and welcomed to rebuild shattered lives and strengthen our society as a whole. The Government’s amendments today to an already inhumane Bill move us even further away from that ideal. However, it is an ideal that constituents in Glasgow North and across Scotland will continue to aspire to, and it will be the foundation of our own independent asylum and immigration system when Scotland too breaks free of the UK’s hostile environment.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I start putting the questions, maybe I can help with a little bit of process. I am anticipating five votes between 6 and 7 o’clock. The first vote will clearly take 10 minutes, but every subsequent vote will be eight minutes, so my strongest advice to everybody is to stay within the parliamentary estate in order that the votes can be taken as efficiently as possible. Owing to the number of votes, I will put the Tellers in place as quickly as I possibly can.

6 pm

Debate interrupted (Programme Order, 13 March).

The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.

Question agreed to.

New clause 17 accordingly read a Second time, and added to the Bill.

The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

New Clause 19

Credibility of claimant: concealment of information etc

“(1) Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended as follows.

(2) In subsection (3)—

(a) in paragraphs (a) and (c) for “a passport” substitute “an identity document”;

(b) in paragraph (b) for “passport” substitute “identity document”;

(c) after paragraph (d) (but before the “and”) insert—

“(da) failure to provide to an immigration officer or the Secretary of State, on request, any information or anything else required in order to access any information stored in electronic form on a thing in the possession of an immigration officer or the Secretary of State that—

(i) was found on the claimant, or

(ii) appears to an immigration officer or the Secretary of State to have been in the possession of the claimant,”.

(3) In subsection (7)—

(a) insert at the appropriate place—

““document” includes information recorded in any form;”;

““identity document” means any document that may be used (whether by itself or otherwise and with or without modifications) to establish, or provide evidence of, a person's identity or address;”;

(b) omit the definition of “passport”.

(4) In subsection (8) for “A passport” substitute “An identity document”.”—(Robert Jenrick.)

This new clause amends section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 to provide for certain kinds of behaviour relating to an identity document or electronic information by a person who makes an asylum claim or a human rights claim to be taken into account as damaging the claimant's credibility.

Brought up, and added to the Bill.

New Clause 20

Legal aid

“(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as mentioned in subsections (2) to (4).

(2) In Part 1 (services), in paragraph 19 (judicial review)—

(a) after sub-paragraph (6) insert—

“(6A) Sub-paragraph (5) does not exclude services provided to an individual who is subject to removal to a third country under the Illegal Migration Act 2023, in relation to judicial review of a refusal of a human rights claim that—

(a) arises from Article 2 or 3 of the Human Rights Convention, and

(b) is made by the individual.”;

(b) in sub-paragraph (10) insert at the appropriate places—

““human rights claim” has the meaning given by section 113 of the Nationality, Immigration and Asylum Act 2002;”;

““the Human Rights Convention” has the meaning given by paragraph 30 of this Part of this Schedule;”;

““third country” has the meaning given by section 37 of the Illegal Migration Act 2023.”

(3) In that Part, after paragraph 31B insert—

“Removal notices under the Illegal Migration Act 2023

31C (1) Civil legal services provided to an individual who has received a removal notice, in relation to the removal notice (including in relation to a suspensive claim relating to the removal notice, and an application under section 44(4) of the Illegal Migration Act 2023 as regards such a claim).

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

(3) In this paragraph “removal notice” and “suspensive claim” have the meaning given by section 37 of the Illegal Migration Act 2023.”

(4) In Part 3 (advocacy: exclusions and exceptions) after paragraph 16 insert—

“16A Advocacy in proceedings in the Upper Tribunal under any of sections 44 to 46 or 48 of the Illegal Migration Act 2023.”

(5) In regulation 11(9) of the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) (qualifying for civil legal services: cases in which merits criteria do not apply)—

(a) omit the “or” at the end of sub-paragraph (d);

(b) after sub-paragraph (e) insert “, or

(f) in relation to any matter described in paragraph 31C of Part 1 of Schedule 1 to the Act (removal notices under the Illegal Migration Act 2023).””—(Robert Jenrick.)

This new clause provides for the provision of legal aid in respect of certain matters.

Brought up, and added to the Bill.

New Clause 23

Electronic devices etc

“Schedule (Electronic devices etc) confers—

(a) powers to search persons liable to be detained under paragraph 16(2C) of Schedule 2 to the Immigration Act 1971 (illegal migrants), and to search vehicles, premises and property, for things on which certain information is or may be stored in electronic form;

(b) powers to seize and retain such things, and to access, copy and use information stored on those things.”—(Robert Jenrick.)

This new clause, and the new Schedule it introduces, confers power to search for, seize and retain mobile phones and other things on which information is stored in electronic form, and to access, copy and use that information.

Brought up, and added to the Bill.

New Clause 24

Decisions relating to a person’s age

“(1) This section applies if a relevant authority decides the age of a person (“P”) who meets the four conditions in section 2 (duty to make arrangements for removal), whether that decision is for the purposes of this Act or otherwise.

(2) If the decision is made on an age assessment under section 50 or 51 of the Nationality and Borders Act 2022, P may not bring an appeal against the decision under section 54(2) of that Act.

(3) Subsections (4) and (5) apply if P makes an application for judicial review of—

(a) the decision mentioned in subsection (1), or

(b) any decision to make arrangements for the person’s removal from the United Kingdom under this Act which is taken on the basis of that decision.

(4) The application does not prevent the exercise of any duty or power under this Act to make arrangements for the person’s removal from the United Kingdom.

(5) The court—

(a) may quash the decision only on the basis that it was wrong in law, and

(b) may not quash the decision on the basis that the court considers the decision mentioned in subsection (1) was wrong as a matter of fact.

(6) In this section “relevant authority” means—

(a) the Secretary of State,

(b) an immigration officer,

(c) a designated person within the meaning of Part 4 (age assessments) of the Nationality and Borders Act 2022,

(d) a local authority within the meaning of that Part, subject to subsection (7), or

(e) a public authority within the meaning of that Part which is specified in regulations under section 50(1)(b) of that Act (referral of age-disputed person for age assessment).

(7) This section applies in relation to a decision of a local authority which is a decision within subsection (1) only if it is for the purposes, or also for the purposes, of the local authority deciding whether or how to exercise any of its functions under relevant children’s legislation within the meaning of Part 4 of the Nationality and Borders Act 2022.

(8) This section applies only in relation to a decision which is made after this section comes into force.

(9) The Nationality and Borders Act 2022 is amended as follows.

(10) In section 54(6) (appeals relating to age assessments)—

(a) omit the “and” at the end of paragraph (a), and

(b) at the end of paragraph (b) insert “, and

(c) section (Decisions relating to a person’s age) of the Illegal Migration Act 2023 (decisions relating to a person’s age).”

(11) In section 56(1) (new information following age assessment or appeal), for paragraph (b) (and the “and” at the end of that paragraph) substitute—

“(b) an appeal under section 54(2)—

(i) could no longer be brought (ignoring any possibility of an appeal out of time),

(ii) has been finally determined, or

(iii) may not be brought as a result of section (Decisions relating to a person’s age)(2) of the Illegal Migration Act 2023 (age assessments relating to removal under that Act), and”.”—(Robert Jenrick.)

This new clause makes provision about challenges to decisions about a person’s age where the person meets or may meet the conditions for removal from the United Kingdom under the Bill.

Brought up, and added to the Bill.

New Clause 25

Age assessments: power to make provision about refusal to consent to scientific methods

“(1) The Secretary of State may make regulations about the effect of a decision by a relevant person (“P”) not to consent to the use of a specified scientific method for the purposes of an age assessment of P where there are no reasonable grounds for P’s decision.

(2) The regulations may provide that, in the circumstances set out in the regulations—

(a) section 52(7) of the Nationality and Borders Act 2022 (refusal to consent to scientific methods to be taken to damage credibility) does not apply, and

(b) P is to be treated as if the decision-maker had decided that P was over the age of 18.

(3) In this section—

“age assessment” means an assessment under section 50 or 51 of the Nationality and Borders Act 2022;

“decision-maker” and “specified scientific method” have the same meanings as in Part 4 of the Nationality and Borders Act 2022 (see section 49 of that Act);

“relevant person” means a person who meets the four conditions in section 2 (duty to make arrangements for removal).

(4) In Part 4 of the Nationality and Borders Act 2022 (age assessments)—

(a) in section 52 (use of scientific methods in age assessments), in subsection (7), at the end insert “(See also section (Age assessments: power to make provision about refusal to consent to scientific methods) of the Illegal Migration Act 2023 (power to make provision about refusal to consent to scientific methods).)”;

(b) in section 53 (regulations about age assessments), in subsection (1)(a)(iv), after “method,” insert “the circumstances in which a person may be considered to have reasonable grounds for a decision not to consent and”.”—(Robert Jenrick.)

This new clause contains a power to make regulations about the effect of a refusal, by a person to whom the Bill applies, to consent to the use of a scientific method in an age assessment. The regulations may provide that, in certain circumstances, the person may be assumed to be an adult. The Secretary of State will not exercise the power until satisfied that the scientific methods in question are sufficiently accurate to mean that applying the automatic assumption in cases of refusal to consent will be compatible with the European Convention on Human Rights (in particular Article 8 (right to private and family life)).

Brought up, and added to the Bill.

New Clause 26

Interim measures of the European Court of Human Rights

“(1) This section applies where the European Court of Human Rights indicates an interim measure in proceedings relating to the intended removal of a person from the United Kingdom under, or purportedly under, this Act.

(2) A Minister of the Crown may (but need not) determine that the duty in section 2(1) (duty to make arrangements for removal) is not to apply in relation to the person.

(3) A decision as to whether or not to make a determination under subsection (2) is to be taken personally by the Minister of the Crown.

(4) In considering whether to make a determination under subsection (2), the Minister may have regard to any matter that the Minister considers relevant, including in particular the matter in subsection (5).

(5) The matter mentioned in subsection (4) is the procedure by reference to which the interim measure was indicated, including in particular—

(a) whether the government of the United Kingdom was given an opportunity to present observations and information before the interim measure was indicated;

(b) the form of the decision to indicate the interim measure;

(c) whether the European Court of Human Rights will take account of any representations made to it by the government of the United Kingdom seeking reconsideration, without undue delay, of the decision to indicate the interim measure;

(d) the likely duration of the interim measure and the timing of any substantive determination by the European Court of Human Rights.

(6) Where a Minister of the Crown does not make a determination under subsection (2), a person or body to which subsection (7) applies may not have regard, in the circumstances mentioned in subsection (7), to the interim measure.

(7) This subsection applies to—

(a) the Secretary of State or an immigration officer when exercising a function under section 2(1) or 7(2), (4) or (5) (further provisions about removal),

(b) the Upper Tribunal when considering any application or appeal under this Act, and

(c) a court or tribunal when considering any application or appeal which relates to a decision to remove a person from the United Kingdom under this Act.

(8) No inference is to be drawn from this section as to whether or not a person or body mentioned in subsection (7) would otherwise have been required to have regard to the interim measure.

(9) Nothing in this Act requires the Secretary of State or an immigration officer to effect the removal of a person from the United Kingdom pending a decision by a Minister of the Crown as to whether or not to make a determination under subsection (2).

(10) In this section—

“decision” includes any purported decision;

“determination” includes any purported determination.”—(Robert Jenrick.)

This new clause provides that an interim measure indicated by the European Court of Human Rights does not affect the duty in clause 2 of the Bill to make arrangements for the removal of a person from the United Kingdom, unless a Minister of the Crown acting in person determines that it is to do so.

Brought up, and added to the Bill.

New Clause 22

Interim remedies

“(1) This section applies to any court proceedings relating to a decision to remove a person from the United Kingdom under this Act (whether the proceedings involve consideration of Convention rights or otherwise).

(2) Any power of the court to grant an interim remedy (whether on an application of the person or otherwise) is restricted as follows.

(3) The court may not grant an interim remedy that prevents or delays, or that has the effect of preventing or delaying, the removal of the person from the United Kingdom in pursuance of the decision.

(4) In this section—

“Convention rights” has the same meaning as in the Human Rights Act 1998 (see section 1(1) of that Act);

“court proceedings” means proceedings in any court (including, in particular, proceedings on an application for judicial review);

“decision” includes any purported decision;

“interim remedy” means any interim remedy or relief however described (including, in particular, an interim injunction or interdict).”—(Robert Jenrick.)

This new clause would restrict the granting of certain interim remedies by a court in proceedings relating to a decision to remove a person from the United Kingdom under the Bill.

Brought up, and added to the Bill.

New Clause 8

Report on safe and legal routes

“(1) The Secretary of State must, before the end of the relevant period—

(a) prepare and publish a report on safe and legal routes by which persons may enter the United Kingdom, and

(b) lay the report before Parliament.

(2) The report must—

(a) contain details of the safe and legal routes by which persons may enter the United Kingdom when the report is published,

(b) contain details of any proposed additional safe and legal routes which have not come into operation at that time,

(c) specify the routes within paragraph (a) or (b) which are or will be available to adults,

(d) specify the routes within paragraph (a) or (b) which are or will be available to children, and

(e) contain details of how routes within paragraph (a) or (b) may be accessed by persons who are eligible to use them.

(3) In this section—

“adult” means a person who is aged 18 or over;

“child” means a person who is under the age of 18;

“the relevant period” means the period of 6 months beginning with the day on which this Act is passed.”—(Robert Jenrick.)

This new clause requires the Secretary of State to prepare and publish a report on safe and legal routes for entry into the United Kingdom and to lay the report before Parliament.

Brought up, and added to the Bill.

New Clause 9

Accommodation: duty to consult

“(1) Section 97 of the Immigration and Asylum Act 1999 (supplemental) is amended as follows.

(2) After subsection (3A) insert—

‘(3B) When making arrangements for the provision of accommodation under section 95 or section 4 of this Act, the Secretary of State must consult with representatives of the local authority or local authorities, for the area in which the accommodation is located.

(3C) The duty to consult in subsection (3B) applies to accommodation including hotel accommodation, military sites, and sea vessels.

(3D) The duty to consult in subsection (3B) also applies to any third party provider operating within the terms of a contract with the Secretary of State.’”—(Stephen Kinnock.)

This new clause would add to the current law on provision of accommodation to asylum seekers a requirement to consult with the relevant local authorities when making the necessary arrangements.

Brought up.

Question put, That the clause be added to the Bill.

--- Later in debate ---

[Alison Thewliss]

On a point of order, Mr Deputy Speaker. We have just passed a Bill for which the Home Secretary is unable to make a declaration under section 19 of the Human Rights Act 1998 that it will be compatible. Others have suggested that it will break the refugee convention, the Council of Europe convention on action against trafficking in human beings, the United Nations convention on the rights of the child and the UN convention relating to the status of stateless persons. I seek your guidance, Mr Deputy Speaker. I am sure that none of our constituents sent us to this place to break the law, and it seems to me that we have perhaps done so in voting for the Illegal Migration Bill. Given that we have a very special duty in this place to be guarantors of human rights in this Parliament, collectively and individually, can you advise what we might do?

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Lady for her point of order and forward notice of it. I can only respond to the bits for which the Chair is responsible, and I am content that the House has proceeded perfectly properly, but her comments are on the record.

[Peter Grant (Glenrothes) (SNP)]

Further to that point of order, Mr Deputy Speaker. Have you or Mr Speaker had any contact from the Leader of the House to indicate whether in future the Government intend to allow sufficient time for major pieces of legislation to be properly considered before being pushed through?

[Mr Deputy Speaker]

I thank the hon. Gentleman for his point of order. I can only speak for myself—I have not spoken to Mr Speaker—but no one has been in touch with me.

Illegal Migration Update

Nigel Evans Excerpts

Wednesday 29th March 2023 Commons Chamber

[Joanna Cherry]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

I will take the points of order in a moment. I thank the Minister for his statement and for responding to questions for well over an hour, but could I ask him to remain seated for the first point of order, which I think relates directly to something he may have said?

Points of Order

Nigel Evans Excerpts

Wednesday 29th March 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

Further to that point of order, Mr Deputy Speaker. I have worked alongside the hon. Gentleman for some time, and I know him to be an excellent Chair of the Select Committee, so I mean him no disrespect. He and I did disagree on reforms to the planning system, including about building more homes in Sheffield, but I know that he is a champion of good-quality housing and of increasing the quantity of it across the country.

[Mr Deputy Speaker (Mr Nigel Evans)]

Thank you very much.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

On a point of order, Mr Deputy Speaker. Could you please advise on the description by the hon. Member for Harrow East (Bob Blackman) of protesters outside the Indian high commission as “terrorists” during business questions last week? We condemn the violent behaviour outside India House—violence is never acceptable—but language is important, and to describe protesters as terrorists is inappropriate. Many of them would have been justifiably concerned about what was happening in Punjab and about how to contact their families while mobile, internet and SMS were shut down. Sikhs and Hindus have lived peacefully alongside one another in the United Kingdom for decades, and the current situation in Punjab does not require this kind of inflammatory language. As Members, we need to set an example. Can I ask that the Member correct the record?

[Mr Deputy Speaker]

I thank the hon. Member for her point of order and for forward notice of it. I assume that she has informed the Member concerned.

[Preet Kaur Gill]

indicated assent.

[Mr Deputy Speaker]

Good. Members have freedom of speech in this Chamber and they, not the Chair, are responsible for their comments. That said, Mr Speaker has repeatedly reminded the House of the need for “Good temper and moderation”, as “Erskine May” puts it. I would encourage all Members to follow that advice, particularly on sensitive issues.

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

On a point of order, Mr Deputy Speaker. I wrote to the Home Secretary on 15 March, in my capacity as Chair of the Joint Committee on Human Rights, to invite her to appear before the Committee as part of our inquiry into the Illegal Migration Bill. On that Bill, the Home Secretary has made a declaration, as required under section 19 of the Human Rights Act 1998, that she is unable to certify that the provisions of the Bill are compatible with the European convention on human rights. The Committee has asked the Home Secretary to give evidence to us on the human rights consequences of her legislation, and to interrogate the legal arguments put forward in the ECHR memo that accompanied the Bill. Given the pace with which the Bill is passing through Parliament, we asked her to respond by 22 March. It is now 29 March and we have today heard that she will not be available to attend, despite our giving her more than one date, but the Government are considering whether the Minister for Immigration is available instead.

Mr Deputy Speaker, can you advise me on what steps are available to my Committee to ensure that we can carry out—and we are going to be the only Committee that will carry it out—effective legislative scrutiny of the Government’s proposals in the Illegal Migration Bill, by hearing from the very person whose name appears on the section 19 statement saying that the Bill does not comply with the European convention on human rights and, indeed, the Human Rights Act?

[Mr Deputy Speaker]

I am grateful to the hon. and learned Member for her forward notice of her point of order. Mr Speaker has made it repeatedly clear that it is very important that Committees have access to the relevant witnesses, and that of course includes Ministers. Therefore, I very much hope that those on the Treasury Bench will have heard this exchange, and that a Minister will be able to give evidence to the Committee as soon as possible.

Bills Presented

Non-Domestic Rating Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Michael Gove, supported by the Prime Minister, the Chancellor of the Exchequer, Secretary Kemi Badenoch, Oliver Dowden, Jeremy Quin, Victoria Atkins and Lee Rowley, presented a Bill to make provision about non-domestic rating.

Bill read the First time; to be read a Second time tomorrow and to be printed (Bill 285) with explanatory notes (Bill 285-EN).

Victims and Prisoners Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Dominic Raab, supported by the Prime Minister, Secretary Suella Braverman, Secretary Mark Harper, the Attorney General, Edward Argar and Miss Sarah Dines, presented a Bill to make provision about victims of criminal conduct and others affected by criminal conduct; about the appointment and functions of individuals to act as independent public advocates for victims of major incidents; about the release of prisoners; about the membership and functions of the Parole Board; to prohibit certain prisoners from forming a marriage or civil partnership; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 286) with explanatory notes (Bill 286-EN).

Elections (Voter Identification Requirements) Bill

Presentation and First Reading (Standing Order No. 57)

Helen Morgan, supported by Layla Moran, Richard Foord, Munira Wilson, Mr Alistair Carmichael, Jamie Stone, Sarah Green, Wera Hobhouse, Sarah Olney, Daisy Cooper, Christine Jardine and Ed Davey, presented a Bill to remove the requirement for voters to show an identity document in order to vote; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 24 November, and to be printed (Bill 287).

Local Electricity Bill

Presentation and First Reading (Standing Order No. 57)

David Johnston, supported by Peter Aldous, Hilary Benn, Sir Graham Brady, Alan Brown, Simon Fell, Wera Hobhouse, Ben Lake, Clive Lewis, Selaine Saxby, Mick Whitley and Sir Jeremy Wright, presented a Bill to require the Secretary of State to establish an export guarantee scheme for small generators of low carbon electricity; to set a tariff, based on market rates, for the sale of electricity under the export guarantee scheme; to make provision to enable small generators of low carbon electricity to sell electricity directly to local people; to place certain duties on the Gas and Electricity Markets Authority; and for connected purposes

Bill read the First time; to be read a Second time on Friday 24 November, and to be printed (Bill 288).