Border Security, Asylum and Immigration Bill

Debate between Angela Eagle and Christopher Chope

Report stage
Monday 12th May 2025 Commons Chamber

[Dame Angela Eagle]

None of the changes that I have talked about in the new clauses will impinge at all on the criteria currently used to determine whether somebody has a need for protection under the refugee convention. Clearly, in certain circumstances that includes the reality of religious persecution in the homeland. I hope that reassures the hon. Gentleman.

Government new clause 8 redefines how the UK interprets the phrase “a particularly serious crime” for the purpose of excluding refugees from the protection against refoulement. Under existing arrangements, anyone convicted of any offence that attracts a custodial sentence of 12 months or more will have committed a particularly serious crime for these purposes. Those arrangements remain unchanged, but new clause 8 goes further and will mean that a particularly serious crime will now include individuals who have received a conviction for a sexual offence listed in schedule 3 to the Sexual Offences Act 2003. Importantly for these cases, the fact that a particularly serious crime has been committed will be a presumption that can, obviously, be rebutted by the individual in question so that they get a fair hearing.

Schedule 3 to the 2003 Act lists the offences that automatically make an offender subject to notification requirements, meaning that they have to notify the police of personal details annually, or whenever their details change. Failure to do so is a criminal offence and the system is sometimes known as the sex offenders register. The Government recognise the devastating impact of sexual violence on victims in our communities and are fully committed to tackling sexual offences and halving violence against women and girls in a decade. To achieve that, a broad set of the right powers must be available for authorities to tackle sexual crimes, bring perpetrators to justice and manage sex offenders.

[Sir Christopher Chope (Christchurch) (Con)]

I accept the wisdom behind this new clause, but will the Minister go further and comment on new clause 39, in the name of my right hon. Friend the Member for Gainsborough (Sir Edward Leigh)? That new clause is designed to put an end to another mischief affecting the non-refoulement rules; it would ensure that primacy was given to the torture convention and the refugee convention, and that it was not possible for the European Court of Human Rights to interpret the European convention on human rights in such a way as to exclude those provisions.

[Dame Angela Eagle]

I commend the hon. Gentleman for his creativity in asking that question when I am talking about this particular Government new clause. I think we had a debate in Committee on the amendment in the name of the Father of the House, and I certainly intend to come on to it later in our proceedings—hopefully, when he is here.

As part of our efforts to halve violence against women and girls, it is important that the small number of asylum seekers and refugees who have been convicted of particularly serious crimes do not benefit from protection status. Not only have they failed to respect the laws of the UK by committing sexual crimes, but they have undermined public confidence in the system. New clause 8 changes the law to deny refugee status to those convicted of the abhorrent crimes listed in schedule 3 to the Sexual Offences Act 2003, treating them with the seriousness they deserve and supporting our wider mission to halve violence against women and girls in a decade.