Border Security, Asylum and Immigration Bill (Tenth sitting)

Angela Eagle Excerpts

Committee stage
Thursday 13th March 2025 Public Bill Committees

[Tom Hayes (Bournemouth East) (Lab)]

I wonder whether the SNP and the Liberal Democrats are experiencing post-traumatic stress disorder, and I mean that in two senses. First, they query whether this Government are committed to international human rights, when they have shown time and again that they are, although I understand that concern, given what has gone before. With this situation—where they are trying to prescribe, in primary legislation, the foreign affairs of this Government and the regularity with which they meet international organisations—I wonder too whether they are experiencing some post-traumatic stress disorder, because they know that the previous Conservative Government resorted to sticking two fingers up at our international partners and international agencies. I hope they will withdraw the new clause because they should feel reassured that this Government have a respect for human rights, international law and working with our international partners and agencies.

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

I hope you, too, enjoyed a long and languid lunch, Dame Siobhain, after the way in which we overshot this morning’s sitting. This group of new clauses introduces requirements, in primary legislation, for the Secretary of State to put in place arrangements for closer co-operation with Europol, which includes seeking the establishment of a joint task force, providing adequate resources for participation in Europol’s anti-trafficking operations and the publication of an annual report.

Very few of us would quibble with what I suspect is the intended output of such clauses, but I would quibble with the means by which the hon. Member for Woking has decided to try to bring it about. He is putting things into a piece of primary legislation, which cannot be easily changed, moved or shifted about, and that creates more issues and less flexibility than what I am sure he is seeking to achieve.

I suspect that, with these clauses, the hon. Gentleman is using the Bill as a hook on which to hang requirements on the Secretary of State, so as to have a debate about how the Government will co-operate with international law enforcement agencies. I do not think he is really saying that we should be doing that in the quite rigid way that his new clauses suggest. I reassure him that we are doing what I think he wants us to do according to the new clauses, but in a much more flexible way that can be changed very quickly because it is not stuck in a piece of primary legislation. I think we also discussed it on day one in Committee.

The UK has a strong relationship with Europol, including significant permanent presence in the agency’s headquarters in The Hague. UK law enforcement agencies already collaborate with international partners through Europol-supported operations. The allocation of resources to that participation is an operational decision for law enforcement agencies, and certainly not one that should be included in primary legislation. There is regular interaction on both operational and strategic matters between Europol, this Government and the Home Office, including at the most senior levels.

As well as working with Europol, the Home Office will continue to work with a range of international bodies—including Frontex and operational work with many of the law enforcement agencies in European countries and beyond, for example—to deliver the Government’s border security objectives. That is because we recognise that border security is not just about one’s own border: quite often weaknesses in others’ borders along the traveller and migratory routes cause weaknesses for us. Indeed, sometimes visa regimes in other countries can cause problems in the UK. For example, the sudden appearance on small boats last year of large numbers of Vietnamese, who clearly had not walked from Vietnam, was caused by changes that had happened to visa requirements in other countries. Those things are interrelated. Fighting organised immigration crime is an interrelated operational, diplomatic and political matter, on which this Government are doing a great deal of work to try to strengthen it and make it more effective.

The UK regularly participates in operational taskforces with EU partners, and it is inappropriate to place on the face of a piece of legislation a statutory requirement to seek to establish a joint taskforce. That would force us to have a joint taskforce, whether or not we wanted one and whether or not it would do any good, thereby, in that case, diverting precious resources where they are not operationally needed.

I hope the hon. Member for Woking understands the points that I am making. The Border Security Commander will provide an annual report to Parliament, setting out their views on the performance of the border security system as it develops. Europol is an individual agency, among many with which UK law enforcement collaborates to achieve the Border Security Commander’s objective. I hope that the hon. Gentleman will accept my comments on his three new clauses in the spirit in which they are intended: we know what he means, but we think that we have a better way of bringing it about in a far more flexible way than through his new clauses. If he accepts that argument, I certainly hope he will withdraw the amendment.

[Mr Forster]

I do not quite get the reasoning that says that we do not need the amendment in order to work with Europol because we already work with Europol. The amendment is about empowering Parliament and making the Executive act, which is what we are keen to do. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 11

Removal of restrictions on asylum seekers engaging in employment

“(1) The Secretary of State must, within six months of the date on which this Act is passed, lay before Parliament a statement of changes in the rules (the ‘immigration rules’) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for asylum applicants to take up employment whilst their application is being determined, if it has been over three months since the application was made, with no decision made.

(2) Employment undertaken pursuant to subsection (1) is subject to the following restrictions—

(a) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included in Appendix Immigration Salary List;

(b) there must be no work in a self-employed capacity; and

(c) there must be no engagement in setting up a business.”—(Mr Forster.)

This new clause would remove the restriction on working for asylum seekers, if it has been over three months since they applied.

Brought up, and read the First time.

--- Later in debate ---

[Pete Wishart]

I am not entirely sure what point the hon. Gentleman is trying to make. I think jobs being available for ordinary Scots is the general thrust of his argument and debate, but I would just challenge him to go and speak to people who are actually working and serving in the care sector—people in the NHS. If he is really interested, he could come to my constituency and speak to those in rural sectors, and in hospitality and catering, who cannot get the people to staff their businesses, which is forcing them to close, or to open part time.

That is the reality of the situation, and here we have, sitting in these hotels, people who could do these tasks and functions. Not only that, but some of them are accountants, doctors and economists. The range of skills available in each of these hotels is quite outstanding. They speak perfectly good English. All of them could do these tasks. I think it is just such a waste that they are doing absolutely nothing other than waiting the months and months—possibly even years—for their applications to be processed by this Government.

I know this Government have improved on what was happening under the Conservatives, but there is still a long way to go before we are anywhere close to an efficient system in which people are having their applications processed readily and quickly. Therefore, I support the new clause; I think it is a good one to bring forward, and I really hope that the Government listen.

[Dame Angela Eagle]

New clause 11, tabled by the hon. Member for Woking, is about giving asylum seekers permission to work in the UK. The hon. Gentleman said that that would cut welfare bills, but he should be clear that those who are awaiting asylum decisions do not have direct recourse to social security, although we do have to spend money ensuring that they are not destitute while their asylum claims are processed.

Clearly, as hon. Friends on the Committee have pointed out, the answer to some of these issues is to recreate a fast, fair and efficient system of dealing with people’s asylum claims, rather than to have backlogs, particularly regarding appeals, which leave people languishing for months—and sometimes well over a year—awaiting asylum decisions.

To that end, it did not help that the Illegal Migration Act was so dysfunctional that it actually banned us from dealing with people’s asylum claims, and meant that this Government inherited a huge backlog of people—a perma-backlog, as I think we have heard during our debates on this Bill.

Clearing through that backlog and dealing with the resultant appeals for those who fail is the Government’s task at the moment, but, looking past the immediate task, my view is that the way to deal with this issue is to recreate a fast, fair and efficient asylum system. That is the first point that I want to make in answer to the hon. Gentleman’s new clause 11.

As the hon. Gentleman probably knows, our current policy allows asylum seekers to work in the UK if their claim has been outstanding for 12 months and the delay was no fault of their own, so there is already capacity to work for those who have been particularly delayed. Those permitted to work in that context are restricted to jobs on the immigration salary list, which is based on expert advice from the independent Migration Advisory Committee—it is usually to do with shortages and the need in the economy at the time.

The policy is designed to protect the resident labour market by prioritising access to employment for British citizens and others who are lawfully resident. Lawful residence is a very important part of the system. That includes, of course, those who have been granted refugee status, who are given full access to the UK labour market. That is in line with those seeking to work in the UK under the points-based system. We consider it crucial to distinguish between those who need protection and those seeking to come here to work, who can apply for a work visa under the immigration rules and come here legally. The UK’s wider immigration policy would be totally undermined if individuals could bypass the work visa rules by lodging asylum claims in the UK. The hon. Gentleman has to understand that context, because it is very important.

Unrestricted access to employment opportunities could act as an incentive for more migrants to come here irregularly on small boats or by whatever means, clandestinely—illegally, without permission to be here—rather than claim asylum in the first safe country they reach. Although I would be the first to admit that pull factors are complex, we cannot ignore that the perception of access to the UK labour market is among the reasons why people take dangerous journeys to the UK. Therefore, opening up the UK labour market to anyone who happens to arrive on the shores, no matter how they arrived, would not help us deal with that issue, and would create incentives for more and more people to chance their arm and come here in dangerous ways.

In addition, removing restrictions to work for asylum seekers could increase the number of unfounded claims for asylum, reducing our capacity to take decision quickly and support genuine refugees. I acknowledge the concerns that the hon. Gentleman raised, but the chaos we inherited from the Conservative party has led to the backlogs that we are trying to deal with at the moment.

We have been clear that individuals who wish to come to the UK must go through safe and legal routes by applying for the visas that are available. Where the reasons for coming to the UK include family or economic considerations, applications should be made via the relevant route so they can be checked and agreed in the usual lawful way—either the points-based system, or reuniting under refugee family or reunion rules. Allowing those who have come here in an irregular fashion to work, as if there were no difference between applying for a legal visa and getting proper permission to come before arriving, would undermine the entire basis of the rules and would create many incentives that no one on this Committee would like to see.

Given that explanation and the fact that we do allow asylum seekers to work when there is a delay of 12 months or more, I hope the hon. Gentleman will withdraw his new clause.

[Mr Forster]

I will start with some examples of best practice from elsewhere. In Australia, most asylum seekers have the right to work straight away, even though it is temporary. In Canada, they can apply for a work permit while their asylum application is being processed. The US allows asylum seekers to work after around six months. From June next year, the EU will require member states to let asylum seekers work after nine months. Some go further—Sweden allow them to work straight away. With a one-year restriction, we are out of kilter with the rest of the western world. That is why the new clause has been tabled. I would appreciate the Minister taking away the question about the last time we reviewed the one-year limit and the restrictions on it. How often is it reviewed? An answer to that would be useful.

--- Later in debate ---

[Dame Angela Eagle]

The new clause—the hon. Member for Woking spoke about it, although I am not sure whether he tabled it—would introduce a new service standard to ensure that the majority of initial decisions on asylum claims are made within three months of a claim being lodged. It is good to make initial decisions, but if we are looking at asylum claims overall, and getting people through them in a fast, fair and efficient way, we also have to think about appeals, and think about such claims from the very start to the very end, rather than just the Home Office part. That is an important thing to consider. The new clause deals with only the first part of that. If one is looking at a system-wide approach, one has to look from the beginning to the end, rather than just at the initial decision in the Home Office.

I thank the hon. Member for the new clause and stress that we are in absolute agreement that it is important that our asylum process is fair, efficient, as fast as possible, consistent with fairness, and robust. We are committed to ensuring that asylum claims are considered without unnecessary delay. Delays are not always our fault, but they sometimes have been in the past. We are committed to ensuring that those who need protection are granted asylum as soon as possible so that they can start to integrate, rebuild their lives and contribute to our society in the way we all want to see happen. As such, I assure him that we are already taking important steps to achieve that.

The Government restarted processing thousands of asylum claims that were stuck in the perma-backlog that we inherited when we came into office, and we are clearing those at pace, making initial asylum decisions. We are also delivering a major uplift in removals when people fail and have no right to be in the UK; there were 19,000 removals between when we came into office on 4 July last year and the end of January.

The Government continue to restore order to the immigration system so that every part—border security, case processing, appeals and returns—operates fairly and swiftly. By transforming the asylum system, we will clear the backlog of claims and appeals, and that work is ongoing. We have taken action to speed up asylum processing while maintaining the integrity of the system, including simplifying guidance, streamlining processes, developing existing and new technology to build on improvements such as digital interviewing, and moving away from a paper-based system.

We have also changed the law to remove the retrospective application of the Illegal Migration Act 2023, which created the perma-backlog that we had to deal with when we came into Government. That allows decision makers to decide asylum claims from individuals who have arrived in the UK from 7 March 2023, with claims to be considered against the existing legislative regime under the Nationality and Borders Act 2022, which caused much of the previous delay.

I hope that the hon. Member for Woking agrees that the work that we have put in place is starting to have a real impact. I have considerable sympathy with what he is saying in the new clause, but I hope that we will be able to get to a fast, fair and efficient system with the reforms that we are making now, rather than with the new clause.

[Mr Forster]

An Opposition Member and a Minister are not normally meant to agree this much, but I think we do. We probably will not vote the same way, but we generally agree. Last year, there was an asylum seeker who had waited 16 years for a decision on their claim. At the same time, there were 19 people waiting 10 years or more for a decision. That is how broken the system is, and I do not envy the Minister her job. The new clause would support the Government’s work, and I hope that Members will support it.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Pete Wishart]

I rise in support of the new clauses, particularly new clause 18. There have been a number of references to ECAT throughout our proceedings. New clause 18 would give clarity and ensure that we are properly engaged in all the provisions of ECAT. It is designed to ensure that those caught up in human trafficking are protected, and that Governments do everything they possibly can to ensure that people are cared for and looked after. I fully support this important new clause.

[Dame Angela Eagle]

I think everybody in this Committee—I am being very generous—thinks that it is important to protect the victims of modern slavery, and we have legislation in our country to try to ensure that that happens. We also signed the Council of Europe convention on action against trafficking in human beings, and this country complies with the obligations under it.

The intention behind new clause 18 is to incorporate the convention into UK law, but UK compliance is already achieved by a combination of measures in domestic legislation, such as the Modern Slavery Act 2015 and the Nationality and Borders Act, the criminal justice system and the processes set out in the modern slavery statutory guidance for identifying and supporting victims of slavery and trafficking. Implementation and compliance with those obligations does not require full incorporation into UK law, and therefore the amendment is not required. It will not really add a lot.

On new clause 19, the Modern Slavery Act provides certain named public bodies in England and Wales with a statutory duty to notify the Secretary of State when that body has reasonable grounds to believe that a person may be a victim of slavery or human trafficking. The information provided for that notification enables the UK to fulfil its obligations to identify and support victims of slavery and trafficking. The duty to notify is discharged for adults by making a referral into the national referral mechanism where the adult consents to enter the mechanism, or by completing an anonymous entry to that mechanism on the digital system where the adult does not consent. The information provided via the digital system is used to build a better picture of modern slavery in England and Wales and helps to improve the law enforcement response, so it is important that that information is collected.

The information does not include that which identifies the person, either by itself or in combination with other information, unless the person consents to the inclusion of the information. So that information can be put in there anonymously. Child victims do not need to consent to enter the national referral mechanism. As such, the national referral mechanism discharges the duty to notify.

If a person is identified in the national referral mechanism as a potential victim of modern slavery or trafficking, they are eligible for a recovery period during which they are protected from removal from the UK if they are a foreign national and are eligible for support, unless they are disqualified on the grounds of public order or bad faith. Bad faith refers to lying about one’s circumstances, and public order refers to an individual who could be a danger to society. We have had some discussion about that with respect to section 29 of the Illegal Migration Act, which the Government have decided to retain but have not yet commenced. I think we also discussed section 63 of the Nationality and Borders Act.

When we came into government, the national referral mechanism decision-making process was in disarray, with a huge backlog. We ensured that 200 more caseworkers were allocated to deal with the backlog, and there has been a great deal of very good progress in getting that backlog down. The Minister for Safeguarding, my hon. Friend for Birmingham Yardley (Jess Phillips), is particularly concentrating on getting the national referral mechanism back on track as part of the battle against modern slavery.

With those responses, I hope that the hon. Member for Woking will withdraw the new clause.

[Mr Forster]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 20

Humanitarian travel permit

“(1) On an application by a person (‘P’) to the appropriate decision-maker for entry clearance, the appropriate decision-maker must grant P entry clearance if satisfied that P is a relevant person.

(2) For the purposes of subsection (1), P is a relevant person if—

(a) P intends to make a protection claim in the United Kingdom;

(b) P’s protection claim, if made in the United Kingdom, would have a realistic prospect of success; and

(c) there are serious and compelling reasons why P’s protection claim should be considered in the United Kingdom.

(3) For the purposes of subsection (2)(c), in deciding whether there are such reasons why P’s protection claim should be considered in the United Kingdom, the appropriate decision-maker must take into account—

(a) the extent of the risk that P will suffer persecution or serious harm if entry clearance is not granted;

(b) the strength of P’s family and other ties to the United Kingdom;

(c) P’s mental and physical health and any particular vulnerabilities that P has; and

(d) any other matter that the decision-maker thinks relevant.

(4) For the purposes of an application under subsection (1), the appropriate decision-maker must waive any of the requirements in subsection (5) if satisfied that P cannot reasonably be expected to comply with them.

(5) The requirements are—

(a) any requirement prescribed (whether by immigration rules or otherwise) under section 50 of the Immigration, Asylum and Nationality Act 2006; and

(b) any requirement prescribed by regulations made under section 5, 6, 7 or 8 of the UK Borders Act 2007 (biometric registration).

(6) No fee may be charged for the making of an application under subsection (1).

(7) An entry clearance granted pursuant to subsection (1) has effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order.

(8) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under subsection (7), that person is deemed to have made a protection claim in the United Kingdom.

(9) For the purposes of this section—

(a) ‘appropriate decision making’ means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph (1);

(b) ‘entry clearance’ has the same meaning as in section 33(1) of the Immigration Act 1971;

(c) ‘protection claim’, in relation to a person, means a claim that to remove them from or require them to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—

(i) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention (‘the Refugee Convention’);

(ii) in relation to persons entitled to a grant of humanitarian protection; or

(iii) under Article 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 (‘the European Convention on Human Rights’);

(d) ‘persecution’ is defined in accordance the Refugee Convention; and

(e) ‘serious harm’ means treatment that, if it occurred within the jurisdiction of the United Kingdom, would be contrary to the United Kingdom’s obligations under Article 2 or 3 of the European Convention on Human Rights (irrespective of where it will actually occur).”—(Mr Forster.)

This new clause would create a new “humanitarian travel permit”.

Brought up, and read the First time.