Nationality and Borders Bill

Debate between Angela Crawley and Joanna Cherry

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Joanna Cherry]

When I said that the Bill addresses a problem that does not exist, one of the previous speakers talked of the country being overrun by immigrants. That is simply not the case. As I said in an intervention earlier, yes, I do think—to use the hon. Member’s words—“innocent” and “vulnerable” people crossing the channel with people smugglers is a problem, but I do not think that the solution to that problem is to criminalise those innocent and vulnerable people. That is one of the central problems of this Bill. In fact, to criminalise those innocent and vulnerable people is potentially in breach of our international legal obligations.

If this Bill becomes law, we risk breaching the 1951 UN refugee convention, the 1961 UN convention on the reduction of statelessness, the UN convention on the law of the sea and the international convention for the safety of life at sea, and we also risk breaching the UN convention on the rights of the child. If this Bill becomes law, we also risk breaching multiple articles of the European convention on human rights, to which this Government assure us they are still committed. In fact, the Lord Chancellor gave evidence to the Joint Committee on Human Rights last week and was most anxious to assure us that the Government are still committed to the European convention on human rights. But there is not much point in being committed to it in name if they bring legislation to the House that threatens to breach it by its terms, as does the introduction of a two-tier system for refugees, which potentially breaches the right to be free from discrimination and enjoyment of one’s human rights.

The changes proposed by the Bill potentially undermine the right to life for those at sea. Changes to the application and appeals process for asylum seekers and provisions regarding credibility, and the weight to be given to evidence, risk breaching the right to a fair trial. The Joint Committee on Human Rights, of which I am a member, has already raised concerns that decision making by the Home Office in immigration matters is not sufficiently independent or rigorous to ensure that human rights are respected, and the Bill will make that worse.

Why would Scotland want to be part of a Union where decisions like this affecting our international standing and the perception of the state on the world stage are forced through by a Government with such scant regard for human rights and the rule of law? It is not just this Bill. This Bill is one in a succession of Bills that have gone through this House recently which many independent commentators have said threaten to breach our international treaty obligations and also threaten to breach our commitment to human rights under the European convention. In one case, the Government were quite brazen about it. A Minister stood up in the House and said that

“this does break international law”

but only

“in a very specific and limited way.”—[Official Report, 8 September 2020; Vol. 679, c. 509.]

Would that it were so with this Bill. This Bill will break international law, not in a specific and limited way, but in a number of respects that those with more time have enumerated more eloquently than I can.

This is not the way to do things. It is not right and it is not humane. There are millions of displaced people across the world and millions of refugees. The United Kingdom cannot wash our hands of responsibility for them, particularly when at least some of the reasons for their displacement can be laid at our door and at the door of our foreign policy and our colonial past. The real mischief that the Bill should seek to tackle, but does not, is that there are insufficient lawful routes for claiming asylum in the United Kingdom. Yes, resettlement programmes are laudable, but they are not a solution for those claiming asylum because resettlement programmes deal with those already recognised as having a protection need. Those in need of international protection who reach the shores of the United Kingdom should not be criminalised.

It is time the Home Secretary stopped playing to the gallery and did the hard work necessary to fulfil the United Kingdom’s moral and legal obligations to refugees and asylum seekers. As my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East said so eloquently, there is no point in Conservative Members waxing lyrical about the rights of persecuted Christians and the rights of the Uyghurs to be free from Chinese atrocities if they threaten to criminalise those sorts of people when they make it to our shores.

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

My hon. and learned Friend is making the point very eloquently. So many people who come here through an illegal route, through no fault of their own, are often in a set of circumstances beyond their control. The message that this Government send is, “You are not welcome.” What would she say to those who have made a life here and contributed so much, which they could continue to contribute were it not for this abhorrent policy?

[Joanna Cherry]

What I would say to them, what the Scottish Government have said to them and what my party says to them is that they are very welcome in Scotland, but unfortunately at the moment we do not have control over that aspect of policy. Until we take the steps to ensure that we do have control over that aspect of policy, we are stuck with trying to persuade this British Government that their policies are wrong.

I fear that the chances of this Government amending the Bill in any meaningful way are absolutely zero, but I know that it matters very much to my constituents, other people in Scotland and many organisations—the Trades Union Congress in Edinburgh passed a motion condemning this Bill just in the last few days—that the Scottish National party stands against the Bill. As I say, I do not think that our stand will work, and I continue to look forward to a future where an independent Scotland will be able to set a better example on refugee policy.

Oral Answers to Questions

Debate between Angela Crawley and Joanna Cherry

Wednesday 11th July 2018 Commons Chamber

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

2. What recent discussions he has had with the (a) Scottish Government and (b) Prime Minister on the Scottish Parliament’s decision not to grant a legislative consent motion for the European Union (Withdrawal) Act 2018.

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

9. What recent discussions he has had with the (a) Scottish Government and (b) Prime Minister on the Scottish Parliament’s decision not to grant a legislative consent motion for the European Union (Withdrawal) Act 2018.

Transgender Equality

Debate between Angela Crawley and Joanna Cherry

Thursday 1st December 2016 Commons Chamber

[Angela Crawley]

I thank my hon. Friend for that intervention. I reiterate that the law must be updated to recognise an individual’s gender identity, which has nothing to do with their birth gender and everything to do with the gender that they believe they are.

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

I congratulate my hon. Friend and other hon. Members on securing this important debate. Since 2007, the Scottish Government have been using the Yogyakarta principle, a fully inclusive definition of gender identity, in all their trans equality policy work. Does she agree that the use of that principle is desirable because it was devised by an international commission of jurists in recognition of the fact that gender identity is a human right?

[Angela Crawley]

Yes, and I will clarify again that the protected characteristic in the Equality Act 2010 should be amended to “gender identity”, which explicitly covers the whole spectrum of trans identities. This point was rejected in the Government’s response to the Committee’s report. Ministers believe that the current terminology is adequate, contrary to the testimony of the very people it affects.

I am prone to mentioning the word “Scotland” often in debates, and I shall do so again now. In 2017, we will mark the year of trans equality and the progress that has been made on this issue. In Scotland, we have committed to reforming the Gender Recognition Act 2004 in line with international best practice in countries such as Malta and Ireland. In Scotland, we have committed to ensuring that all trans, non-binary and intersex individuals feel protected, because it is their human right to have their gender identity recognised in law and in life. I urge this Government to follow the example not only of Scotland but of the many other countries that are leading this best practice.

Rights of EU Nationals

Debate between Angela Crawley and Joanna Cherry

Wednesday 19th October 2016 Commons Chamber

[Joanna Cherry]

I could not have put it better or more succinctly. I am very grateful to the right hon. Gentleman.

I mentioned earlier the phenomenon of the rise in hate crime across England and Wales since the referendum. Home Office statistics published just over a week ago show that hate crimes have soared by 41% in England and Wales. I suggest that this is a symptom of the negative and xenophobic rhetoric used by some—not all—in the lead-up to the referendum. This has had a major effect in legitimising hate crime on the part of a small but violent and vocal minority.

Many of us were very concerned about some of the rhetoric that came out of the Conservative and Unionist party conference in Birmingham the other week. This is not just a concern of the SNP. Concern has also been raised by other Members and by international human rights bodies. The UN High Commissioner for Human Rights, the UN Committee on the Elimination of Racial Discrimination, the Council of Europe Commissioner for Human Rights and the Council of Europe’s European Commission against Racism and Intolerance have all expressed concern about the spike in hate crime in England and Wales.

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

Does my hon. and learned Friend agree that this situation requires leadership and a Prime Minister who will advocate in the best interests of every single individual in this country, EU national or otherwise? Will she share with me support for the First Minister’s statement on inclusivity and the need for leadership in this debate?