Nationality and Borders Bill

Aaron Bell Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Aaron Bell (Newcastle-under-Lyme) (Con)]

Does not the hon. Gentleman agree that the Bill does still provide a route for the most vulnerable, but that it is based on need, not on a willingness to make a dangerous journey?

[Kenny MacAskill]

No; I think it is just creating so many obstacles that it will make life extremely difficult for those who are already the most challenged.

There are also actions that require to be taken against modern slavery—again, I go back to my days as Justice Secretary—but I do not believe that significantly more legislation is required. In fact, what is required is co-ordination. I remember—we are now going back over seven years—requiring to establish a taskforce because we realised that in dealing with serious organised crime, what was needed was the establishment of a taskforce to get everybody around the table, from whatever authority was necessary, to determine what worked and what would maximise the power and punch of the forces of law enforcement. With regard to modern slavery, that was done, but it was not done simply with those forces in Scotland; it was done with forces from Northern Ireland as well. At that stage—I have no doubt that it is still the situation—there was a link and co-ordination between paramilitary groups, and it was a paramilitary group based in Scotland that was operating modern slavery in Belfast. So that co-ordination with my then counterpart, Mr Ford, was welcome.

I also remember bringing together the business community and the local authority, and speaking to a senior representative from the Scottish business community who said that when they had turned up at the meeting, they did not realise why they had been called, but when they finished the meeting, they realised precisely why they were there. There is a suggestion that modern slavery is all to do with the sex trade—it is usually puerilely put in tabloid newspapers or wherever else—but it is not. Overwhelmingly, the victims of modern slavery are working in agriculture and other aspects. They are being used and abused. It might suit the titillation of some to suggest that it is the sex trade. That does happen, tragically, but equally it goes beyond that. That was why we required co-ordination, not legislation.

Similarly, on those who are coming in and seeking to feign marriages and whatever else, that is about co-ordination with registrars and local authorities, not seeking to grandstand and say, “We’re bringing in fantastic new laws.” At the end of the day, laws work only if we have the co-ordination, the force and the resources. That is why we must ensure that the National Crime Agency, Police Scotland, police services south of the border and, indeed, across Northern Ireland, and all other organisations—both civil and in the legal process—are working. That is what needs to be done, not simply to look tough.

--- Later in debate ---

[Anne McLaughlin (Glasgow North East) (SNP)]

Where to start, Madam Deputy Speaker? Thank you for calling me to speak—I think.

As many Members have noted throughout these proceedings, it is the 70th anniversary next week of the refugee convention—a convention built on article 14 of the 1948 Universal Declaration of Human Rights, which recognises the rights of persons to seek asylum from persecution in other countries. That was the building block: the right to seek asylum from persecution. I know that the current Government are keen to distance themselves from our international treaty obligations. I have been expressly told that those obligations hold no weight in their opinion, but we simply cannot let that be the narrative. That is a concern shared by the Law Society of England and Wales, which sees it as vital that the UK applies, and is seen to apply, a convention that it willingly became a party to.

[Aaron Bell]

Will the hon. Lady give way?

[Anne McLaughlin]

No!

Our legal standing on the international stage relies on this concept. Are we not in the strangest position when the Prime Minister, who seemingly holds Churchill in the highest esteem, is willing to undermine and redefine the post-war legacy that his political hero left behind?

The Government are trailing the Bill as a chance to streamline the immigration system and to cut down on so-called unmeritorious claims and time-wasting appeals. They have even introduced a wasted cost order that will ensure that those attempting to pursue their legal rights to a fair hearing are liable to pick up the tab for certain types of conduct that they consider improper, unreasonable or negligent. What about the wasted costs that the Government will run up if this Bill goes through unamended? I am sure that the hon. Member for West Bromwich West (Shaun Bailey), who is so keen to help the most vulnerable in our society, will be interested to know that the cost of imprisoning so-called illegal asylum seekers could be as much as £412 million a year. If we do the maths, as the Refuge Council in England has done, the proposed plan to lock asylum seekers up for four years—yes, four years; there are some people in this House who clearly do not understand that refugees could be locked up as well simply for trying to come here—comes to an eye-watering £1.65 billion. Parts of the UK already have a prison system groaning under the strain of over-population. How can the Government justify moves that increase the number of people crammed into the prison estate?

When I prepared this speech earlier, I wrote that the hardest bit about speaking in this debate is having to leave out so much but that I was grateful to be on the Bill Committee because nothing would be left unsaid. Then, Madam Deputy Speaker, I experienced something that I have never experienced here before: the minutes went up and up, and now I am completely confused and have no idea how long this will take me.

--- Later in debate ---

[Aaron Bell (Newcastle-under-Lyme) (Con)]

It is a pleasure to follow my hon. Friend the Member for Darlington (Peter Gibson). As my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) said a little while ago, we need a system that commands public good will and confidence. I am afraid that what we have at the moment is not that.

My constituents in Newcastle-under-Lyme expect us to follow the rule of law, and they expect fairness. What is going on at the moment is not fair to anyone. It is not fair to the migrants making the dangerous journeys. It is not fair to the migrants unable to make those journeys, who tend to be women and children, who are perhaps at more risk, and it is not fair to my constituents, and the constituents of all of us in this Chamber, who are paying for the system. The only beneficiaries are the people smugglers, and we heard from my right hon. Friend the Member for Ruislip, Northwood and Pinner—sorry, my hon. Friend, but I am sure it is only a matter of time—that those people smugglers are making thousands and thousands of pounds for every journey across the channel. This Bill dramatically changes the incentives involved in the immigration system and the illegal immigration system to deter illegal entry, as well as to remove those with no right to be here and remove them more easily. In so doing, it increases fairness and reduces the danger in the system.

I would like to make it clear that we are not hard-hearted and Newcastle-under-Lyme is not a hard-hearted town. We support those in genuine need of asylum—for example, we support those who have been displaced from war zones. We have resettled more refugees in this country than any other country in Europe. Our vulnerable persons resettlement scheme has resettled 20,000 refugees from Syria in the UK to rebuild their lives. We should be proud of that, and I am proud of it.

However, I think the Government are right to try to find a better way, first, to differentiate between economic migrants and refugees, and secondly, to make sure that there is still a route for the most vulnerable, but one that does not mean that most dangerous of journeys. Bluntly, there is almost unlimited demand for a place in the UK. If were to open our borders completely, as it seems some of the Socialist Campaign Group members want us to do—by the look of it, they are going to be proscribed soon, the way the Leader of the Opposition is going—millions of people would want to come to the UK, because we are an open, tolerant nation. But supply is not unlimited, so we should—in fact, we must—prioritise those most in need, not those who are most able to get here. That is the only moral thing to do.

On deterring illegal entry, today, like every other day, there are hundreds crossing the channel and taking that risk. First, my constituents want to know why they are coming from France. France is a safe country, and they could claim asylum there, and before that they could have claimed asylum in Spain, Italy, Greece or wherever they crossed into the European Union. But the European Union does not want to defend its border there, because it knows that people just migrate through the European Union to the United Kingdom. Under this Bill, we will now look at removing those people, and if France will not take them back—I believe it should, but I do not think it will—then we will look at removing them to a safe third country.

The example for this is Australia. The hon. Member for East Lothian (Kenny MacAskill), who is no longer in his place, abhorred the Australian system, which is known as Operation Sovereign Borders. However, let me say that that has been not only a successful policy, but a deeply moral policy. To quote the evidence the Australian Government submitted to the Home Affairs Committee:

“Between 2008 and 2013, more than 50,000 people travelled illegally to Australia on more than 820 individual maritime people smuggling ventures. During this period, more than 1200 people drowned in the attempt to reach Australia…Following the establishment of Operation Sovereign Borders on 18 September 2013, it has been more than six years since the last successful maritime people smuggling venture to Australia, and more than six and a half years since the last known death at sea”.

That is what we should be aspiring to—a system that commands public confidence, but reduces the risk of people losing their lives.

We should also of course remove those who have no rights to be here, and we need to do that more quickly, because the spectacle of these appeals lasting years is undermining public confidence. We are going to look at accelerating removals and measures to combat lengthy vexatious claims. We are going to put in statute a single standardised minimum notice period for migrants to access justice, and we are going to make that into a one-stop process. We will also expand the early removal scheme, which will remove foreign national offenders, and we will remove criminals who are currently in our prisons as soon as possible.

I would like to ask why 60 Labour MPs, none of whom are here—there are only those on the Front Bench—have written to Government opposing the removal of foreign national offenders. They could not be more out of touch if they tried.

[Jonathan Gullis]

Good luck winning back Newcastle!

[Aaron Bell]

Yes, indeed.

To conclude, the British people have repeatedly voted, most recently in 2019, to take back control of our borders. After our exit from the European Union, we now have the tools to do so. We have already put in place new rules for legal immigration, and with this Bill we are going to put in new measures to deter illegal immigration. I believe this Bill will give our Border Force and our justice system the tools they need to deter that illegal immigration at source and to change the incentives. In so doing, we will cut out the criminal gangs, and we will finally deliver a fair system that can command credibility both at home and abroad.

--- Later in debate ---

[Bambos Charalambous]

The hon. Member makes an excellent point.

Less than a week ago, we had hon. Members rightly berating the Minister for Care, screaming blue murder at her failure to produce an impact assessment for the health and social care regulations. Where are those howls today? Not a word. I dare not ask about the legal advice that was sought to formulate this Bill, but if there was an Olympic event for legal gymnastics, it would definitely win a gold medal.

The Bill is riddled with holes. It is fatally flawed and it will not work. It will not work because of the glaring omission of the lack of bilateral agreements with France and other EU countries. Conservative Members can huff and puff all they like, but it should begin to dawn on them that without any such agreements the Bill will not work and it will not stop any channel crossings.

[Aaron Bell]

If France will not take people, does the hon. Gentleman agree with the proposal in the Bill that we find a safe third country that is willing to take them—we may have to pay it—and they can be processed over there? It worked in Australia and it saved thousands of lives.

[Bambos Charalambous]

The hon. Member is running roughshod over international law. I would be interested to see which third countries would be interested in taking people. If there were such third countries, I am sure the Minister would have introduced them today.

Many colleagues have spoken about the broken asylum system, but let us be clear about who broke it. The Government have had 11 years to fix the system but there is nothing in the Bill about how they will fix the current scandalous state of affairs. I know many hon. Members who have constituents who have been waiting for a decision about their asylum status. I have had one case where a constituent from Afghanistan had to wait seven years for his claim to be processed. It took my direct intervention with a Minister for his claim to be determined. It should not take the direct intervention of MPs for the system to snap into action. With fewer claims being made—yesterday the Home Secretary mistakenly said that claims have gone up when in fact they have gone down—it should not be taking longer to process applications. If the asylum system was operating as a business, it would be going bust by now.