Nationality and Borders Bill (Eighth sitting)

Anne McLaughlin Excerpts

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Bambos Charalambous (Enfield, Southgate) (Lab)]

The Opposition strongly oppose the clause. We believe that it contravenes the 1951 refugee convention, that it sets a dangerous precedent by creating a two-tiered system for refugees and that it is deeply inhumane. The clause seeks to dehumanise refugees in many insidious ways, and I believe that it threatens our very sense of who we are as a civilised nation. I will set out all the ways in which the clause does that, but before I begin, I would again like to thank the many organisations from across the refugee and asylum sector for their invaluable help in our scrutiny of the clause.

I will talk first about the differential treatment of refugees in groups 1 and 2. As all members of this Committee will know, at the heart of clause 10 is the creation of two tiers of refugee under UK law. Only those refugees who meet specific additional “requirements” will be considered group 1 refugees and benefit from the rights currently granted to all refugees by the refugee convention. Under clause 10 of the Bill, the requirements for group 1 refugees are that

“they have come to the United Kingdom directly from a country or territory where their life or freedom was threatened (in the sense of Article 1 of the Refugee Convention), and…they have presented themselves without delay to the authorities.”

The clause also states:

“Where a refugee has entered or is present in the United Kingdom unlawfully, the additional requirement is that they can show good cause for their unlawful entry or presence.”

Other refugees, who are not deemed to meet the criteria, will be designated as group 2 refugees. The Secretary of State will be empowered to draft rules discriminating against group 2 refugees with regard to the rights to which they are entitled under the refugee convention, as well as the fundamental human right to family unity.

To explain this differentiation between refugee groups further, clause 10 makes provision for different treatment of people recognised as refugees on the basis of how they travelled to the UK and the point at which they presented themselves to authorities. Those who travelled via a third country, do not have documents or did not claim asylum immediately would routinely be designated as group 2 refugees. The clause goes on to set out how the length of limited leave, access to indefinite leave, family reunion and access to public funds are likely to become areas for discriminating against group 2 refugees.

The Opposition strongly argue that such an approach is deeply flawed and fundamentally unfair. Furthermore, the attempt to create two different classes of recognised refugee is inconsistent with the refugee convention and has no basis in international law. The refugee convention contains a single, unitary definition of refugee, which is found in article 1A(2). That defines a refugee solely according to their need for international protection because of feared persecution on the grounds of their race, religion, nationality, membership of a particular social group or political opinion. Anyone who meets that definition and is not excluded is a refugee and entitled to the protection of the refugee convention. We heard in evidence from the United Nations High Commissioner for Refugees representative to the UK that in her opinion this clause and the Bill were inconsistent with the UN convention and international law.

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

The hon. Gentleman mentions the UNHCR, which is the guardian of the refugee convention. Does he agree with me that on that basis, if we are to listen to anybody’s opinion about this issue, it would be the UNHCR and that should be therefore the final word on it?

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[Bambos Charalambous]

Nice try. No, I did not say that.

The clause represents a fundamental change to the principle of refugee protection in the UK, introducing a two-tier system where any refugee reaching the country who has not benefited from a place on a resettlement programme may have their claim deemed inadmissible and be expelled to another country, or eventually granted temporary status with restricted rights to family reunification and financial support.

It is worth pointing out here that the UNHCR, the guardian of the 1951 refugee convention and the 1967 protocol relating to the status of refugees, tells us that the core principle is non-refoulement, which asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom. That is now considered a rule of customary international law. Clause 10 therefore represents the shameful undoing of the commitment to the refugee convention and the British values that led to that commitment in the first place.

[Anne McLaughlin]

It is clear to all on the Opposition Benches that if this goes ahead, we will be breaching our international legal obligations. Does the hon. Gentleman share my concern that in doing so, the damage done both to the UK’s reputation as a global legal centre and to its trade strategy will be immense, at a time when we really need to find new trading partners?

[Bambos Charalambous]

I very much share those concerns. It is clear that some countries wishing to trade with the UK may also insist on certain measures in relation to visas and access, and in some of the new clauses tabled by the Government more recently there is a suggestion that they would be willing to withdraw visas to some countries. I do not know who they have discussed it with, but that seems contrary to the intention of trading with other nations.

There is no doubt, therefore, that the clause stands in clear contravention of the refugee convention—no small thing, given that the convention, sometimes known as the Geneva convention of 1951, anchors the status of refugees in international law. Around the most desperate and terrorised people on earth, the convention throws the shield of international protection. Since the horrors of the second world war, it has been an article of faith for every decent society, as required today as it was 70 years ago by all those fleeing war, torture and persecution of all kinds, and by all those women and girls who undertake their journey in the knowledge that they may well be raped en route to finding safety.

The Opposition are clear that accepting this clause would set a dangerous precedent by creating a two-tier system for refugees that is deeply inhumane. Furthermore, we hold that its consequences, intended or not, would undermine our binding legal obligations to all refugees. We oppose it because we believe the 1951 convention and all that goes with it speaks profoundly to the core values of the British people. Given the multiple, deeply negative consequences of the clause—mental ill health, poverty, debt, substandard accommodation and homelessness, to say nothing of the financial costs to local and national Government—it should be removed from the Bill.

In short, group 2 status is not only inconsistent with the refugee convention; it is a recipe for mental and physical ill health, social and economic marginalisation and exploitation. The human cost to refugees and their families, including their children, is obvious enough, and it should shame us that this Bill would actively cause harm if clause 10 is adopted. We will oppose clause 10 stand part.

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[Jonathan Gullis (Stoke-on-Trent North) (Con)]

I doubt that what I am about to say on clause 10 will shock Members. It is a fantastic element of the legislation because it will act as a deterrent to one of the many pull factors that the United Kingdom has and why so many people are prepared to make the dangerous journey through mainland Europe—that is not war torn, as some would like to have it seen as—to try to make it here to our United Kingdom.

The hon. Member for Sheffield Central talked about the hostile environment, but I remind him that in May 2007 it was the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), the then immigration Minister in a Labour Government, who referred to a hostile environment in his announcement of a consultation document. He said:

“We are trying to create a much more hostile environment in this country if you are here illegally.”

When that comment is added to the remarks of Baroness Scotland—cited by my hon. Friend the Member for Dudley South—that people should claim asylum in the first safe country they arrive in, it does not take much to understand the demise of the Labour party in red wall seats such as Stoke-on-Trent North, Kidsgrove and Talke. People in my constituency want to see tougher immigration control, and 73% voted for Brexit because they wanted us to take back control of our borders. Clause 10 is one method by which we will take back control, because it will say clearly to people that if they make an illegal entry to this country it will count against them. If people take a safe and legal route, the country will open its arms to them and bring them over here, as we have done for people from Syria and Afghanistan.

[Anne McLaughlin]

The hon. Member keeps talking about people coming here illegally to apply for refugee status. Of the 5,000 people who came last year by boat, 98% were deemed by the Home Office to be eligible to apply for asylum. They were “genuine asylum seekers”, to use his words and they were not here illegally. They will only become illegal if the Bill is enacted.

[Jonathan Gullis]

I am grateful to the hon. Lady for that intervention. What I heard is that 5,000 people made illegal entry into this country, putting money into the hands of people smugglers, which ultimately funds wider criminality here and in mainland Europe. That is obviously negative, because it means that more people will be trapped in misery. Even Opposition parties accept that the system is currently broken and we need to fix it, but they seem to want to make sure that we have even more people come here—I heard the comparison to other European countries—rather than what people voted for this Government to do, which is to deter people from making those journeys so that they use safe and legal routes.

[Jonathan Gullis]

I disagree. The clause will not force people to use criminal gangs. It is one strand of a wider idea of deterring people from using dangerous routes, including pushbacks, offshoring and a second status for those who enter the country illegally. All those factors brought together, as part of a wider policy, will act as a deterrent, as we heard from His Excellency the High Commissioner for Australia. This clause is one of those deterrents and will form part of a wider package, which has my full support.

I applaud the Minister for this fantastic piece of work. We will always accept people in this country who take safe, legal routes. We will do our utmost to make sure that those people who are most in need are protected. This country has a fantastic history of looking after such people. Stoke-on-Trent is the fifth highest contributor to the asylum dispersal scheme—a Conservative-run authority with three Conservative Members of Parliament. We are proud of our city’s history, but at the same time we also acknowledge that illegal crossings of the Channel are putting people’s lives in danger unnecessarily and causing huge strain on our systems. Such crossings also enable and make profits for the disgusting criminal gangs. The only way to stop that is to stop people wanting to take those journeys. The clause is one part of a wider strategy to ensure that that happens.

[Anne McLaughlin]

The hon. Gentleman is being generous in giving way, at least. He seems so determined to stop illegal crossings—not illegal people, illegal crossings—and I agree that no one wants people to take dangerous journeys. What are his thoughts and ideas on how we can expand and develop the safe and legal routes, on which the Bill is apparently based, as an alternative? If we have those routes, people will not have to take dangerous journeys.

[Jonathan Gullis]

The hon. Lady has just promoted me to the Foreign, Commonwealth and Development Office or the Home Office. I would be delighted if the Minister were looking for someone to join him in the Department, but I am sure my Whip would have something to say about that. It is a complicated situation. In Afghanistan, for example, we had a brief window for a safe and legal route to bring people out via the airport. Obviously, we cannot go into Afghanistan tomorrow; we would have to negotiate such an exit route with an Administration that I believe would be hostile to that—I do not believe they have good intentions—so we need to look to neighbouring countries such as Pakistan to see whether we can develop safe and legal entry routes in those other countries. I have full faith that the Government will come about that, but first we need the Bill in place to empower the Government to go forward and create those routes.

[Anne McLaughlin]

Does the hon. Gentleman not think it would be more helpful and more humane to have the safe and legal routes before we enact the Bill so that we do not have a gap for however long it takes when people who desperately need our help cannot get it? That could be months or years—it has taken a long time with Afghanistan, which is apparently a priority. Would it not be better to have the routes first before the Government do whatever they want with the Bill?

[Jonathan Gullis]

The problem is that we are not the only country looking for safe and legal routes from places such as Afghanistan. The world is struggling to come to a solution, and it is a world solution that we need to agree. I hope we will use our position as leader of the G7 for that going forward. However, there are a lot of refugees in mainland European countries such as Greece, Italy and France, which are perfectly safe and nice countries in which to start a new life, and people should absolutely claim asylum in them rather than making the journey to Calais, where they put funds into the hands of criminal gangs to fund criminality and come over here illegally. Remember that 70% are men aged between 18 and 35, which means that women and children—the most vulnerable groups—are being left behind in those countries.

Ultimately, it is more important that we ensure that they are protected and that we get to them, as we did in Afghanistan, rather than the illegal economic migrants who are crossing the Channel to enter the country illegally and putting a huge strain on our local authorities. That is why the clause saying, “If you come to this country illegally, that will count against you in your application” is a fantastic idea. Again, that is one strand of a wider strategy to help combat the shocking scenes we see in those Channel crossings, which are angering the people I represent in Stoke-on-Trent—and, to be quite frank, the nation.

The Bill is therefore long overdue. The Opposition accept that the asylum system is broken. Given that, I do not understand why what we are trying to do is not the right solution. The only thing I hear from the Opposition is, “We should have more people coming over here,” but that would create more pull factors to encourage people to make that dangerous journey.

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[Tom Pursglove]

I am afraid that I just do not accept that characterisation. As I have said on several occasions in Committee, we continue to resettle genuine refugees directly from regions of conflict and instability, which has protected 25,000 people in the last six years—more than any other European country. It is central to our policy that we advocate safe and legal routes and put them at the heart of our policy making. I have talked about several of them. Of course, this is something that we keep under constant review as the international situation evolves and as needs require. I have no doubt that that will continue to be the approach that we take—establishing routes that are appropriate to the circumstances that we find ourselves in.

[Anne McLaughlin]

Earlier today, I asked about safe and legal routes. The Minister said that by the time the Bill is enacted, a safe and legal route from Afghanistan will be up and running. I asked him about the other ones. Did he mean just the one route to which he referred, or did he mean routes across all countries where they might be needed? He said he could not answer at that time because the Chair would be annoyed, as we were talking only about the amendment on Afghanistan. Will he now take the opportunity to tell me whether those safe and legal routes will be available to anyone who requires them, to prevent them from making dangerous journeys, before the Bill is enacted?

[Tom Pursglove]

I respectfully say to the hon. Lady that there are routes in place that people can avail themselves of in order to seek sanctuary in this country.

[Anne McLaughlin]

Will the Minister give way?

[Paul Blomfield]

Will the Minister give way?

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[Bambos Charalambous]

My hon. Friend is absolutely right. These are vulnerable people, and they are subject to being exploited if appropriate measures are not taken to prevent that from happening. Having them all in one place allows criminals to prey on them.

I come on to the specifics of amendment 104. As I have set out, we have the gravest doubts about the clause. I find it disturbing. Our amendment seeks to ameliorate some of the worst aspects. I will set out each of its aims in more detail.

Presently, persons held in barracks and hotel accommodation are sometimes prevented from entering or leaving their place of accommodation at certain times and some places of accommodation prevent visitors from entering. The amendment addresses this inappropriately draconian situation by inserting proposed new section 22B into the Immigration and Asylum Act 1999. It would qualify that the measure—in new section 22A, which relates to accommodation provided under sections 95A and 98A of the 1999 Act—to allow for the provision of accommodation in an accommodation centre, must allow for persons to be supported to enter or leave the accommodation centre at any time.

Although some controls on entry may be required to prevent persons hostile to residents of accommodation centres from entering, we believe that those held in such centres should be allowed to invite their own visitors. They should also not be precluded from communication with the outside world. The amendment would therefore introduce the right for the supported person

“(b) to receive visitors of their choice at any time; or

(c) to use communications equipment such as telephones, computers or video equipment.”

People working with persons supported in accommodation centres report that some persons in accommodation centres are unaware of their conditions of bail and may not have been provided with the conditions of their bail in writing. That places them at risk of arrest and detention for unknowingly breaching those conditions, or being unable to evidence their identity. The amendment would therefore introduce the provision that persons supported in accommodation centres must be provided with a written document setting out any conditions of bail.

Where controls or restrictions on freedom of movement of supported persons or their visitors are in place, a process for submissions by way of a complaints procedure needs to be in place, and the amendment would introduce a complaints procedure relating to the conditions of the accommodation and a procedure for appealing any decisions that may restrict the person’s freedoms, which will not apply to their bail conditions.

As has been argued, legal action taken against the Government over the suitability of Napier barracks for certain vulnerable groups has shown that the existing system has failed to maintain appropriate safeguards. The possibly widespread expansion of the system that the clause seeks to implement is very alarming and should be deeply concerning to any Member of this House.

The move away from community-based housing is poorly defined. Accommodation centres will unquestionably lower living standards for those seeking asylum. That is not an accident—it is the very design of the Bill and the clause. By the same measure, they will impede integration and advance a more draconian, prison-like setting for asylum seekers, who are, by their very definition, already traumatised individuals. If we do not agree our amendment, asylum seekers will find themselves in cold, dirty, isolated conditions, with all but no support services.

Given the widespread denunciations of the Home Office’s decision to house asylum seekers in Napier barracks, not least by the High Court, it is remarkable that the Government now seek to replicate it elsewhere. It should be noted that Mr Justice Linden criticised what he called the “detention-like” setting for the men there. Our amendment seeks to take away the detention element of the accommodation centres. They are de facto detention centres with prison-like conditions, which are cruel, wholly inappropriate and damaging to the individuals concerned. They can do nothing but increase harm and stress on already marginalised and vulnerable people whom we are beholden to protect under our international treaty obligations.

To speak plainly, the Government have got the wrong end of the stick. Clause 11 helps no one. They will find themselves on the wrong side of history with their ever-more draconian and hostile approach to asylum accommodation and, unamended, this clause starkly highlights that point. Amendment 104 should be supported to rectify that situation and ensure safeguards for the future. It would be utterly shameful if the clause, as it stands, enabled a repetition of the appalling situation at Napier barracks.

Without amendment, clause 11 will undermine the UK’s duty to support and protect those making asylum claims. We believe that the current dispersal system, whereby people seeking asylum live in regular housing in the community, is much better for supporting future integration and ensuring that people seeking asylum are able to access services that they need. We would rather see safeguards in place than the kind of appalling situation seen at Napier.

[Anne McLaughlin]

We heard that the devolved Governments were prevented from taking part in the consultation because it took place during purdah in the run-up to their elections. However, Shona Robison MSP, the Cabinet Secretary for Social Justice, Housing and Local Government in the Scottish Government, wrote a comprehensive response last month, in which she stated:

“This Government is clear that people should be supported to integrate within our communities from day one of arrival in line with the key principle of our New Scots refugee integration strategy. We are committed to the principle of community based integration for refugees and people seeking asylum. The New Scots approach is not compatible with use of remote and institutionalised camps. Such asylum accommodation will also not fix the underlying issues causing shortages in the asylum estate, which include the fairness, quality and timeliness of the asylum application and decision process.”

The position of the Scottish Government is the complete opposite of that of the UK Government, but their hands are tied. We cannot do what we want to do in Scotland to support our asylum seekers. That cannot be right.

Shona Robison also said:

“The Independent Chief Inspector of Borders and Immigration’s report highlighted significant issues”,

as we have heard,

“with the management of Napier Barracks and Penally, their suitability, safety and the impact this type of accommodation had on people living there. The report also raised concerns about contingency of healthcare if people are moved around the asylum estate. I would add to this contingency of legal representation, essential services and support networks, which must be considered.”

However, we are not talking only about barracks; there are many other types of accommodation that people had to live in. People were taken out of their homes where they were settled and put into Glasgow hostels and hotels last year. The Minister says things like, “This is not our intention.” I do not imagine that it was anyone’s intention for the men I met in the hostel close to where I live to be living in dirty accommodation, but they were, because they had nothing to clean up after themselves with. What most upset them the day I first met them was that they had nothing to clean their toilets with. They were living in tiny rooms, and if they did their washing in the tiny sink in what we will call the en suite—the toilet was in the room—they had to leave their wet clothes on the bed to dry off. I can tell hon. Members that, in Glasgow, that does not happen quickly; our temperatures are slightly different. They said that they could not keep the toilets clean and that there was no support. They were not looking for people to clean up after them, but because their access to finance had been taken from them, they could not even go and buy a toilet brush and bleach. It was a pretty awful situation.

There is also the so-called mother and baby unit that Mears has set up on behalf of the Home Office in Glasgow. I spoke to women who, without any notice, got a visit and were told, “Pack your bags. You and the baby”—or the bump; some were pregnant, some had just given birth—“are moving”. They were settled in communities among friends, they knew where the GP and the shops were and they knew how much things cost, but they were taken out of those communities at almost no notice. Many of them were told that they could take two carrier bags’ worth of goods and no more. These people had babies. I do not know anybody with a baby who can leave the house with fewer than two bags, but they were told by agents acting on behalf of the Government that they could take two carrier bags of stuff.

One of them said, “I was living in Pollok”, on the south side of Glasgow, “and was surrounded by wonderful neighbours. It was my baby’s first Christmas and all the neighbours had come round with Christmas presents.” That is why we want community dispersal. We want people to be part of a community. It benefits not just asylum seekers but everybody in the community—and that community certainly supported that woman and her baby. They took round Christmas presents, but then she was told to leave them behind because there was no room for them in the mother and baby unit. She was devastated because those presents were a symbol of acceptance and love from her community.

[Tom Pursglove]

May I repeat the point that I made earlier about the policy approach that we intend to adopt in accommodation centres, which is that children will not be accommodated in them?

[Anne McLaughlin]

I was really glad to hear the Minister say that, but then my cynical friend the hon. Member for Bermondsey and Old Southwark pointed out that this is not about the intention but about making it crystal clear in the legislation—and perhaps the way to do that is to accept amendment 98. I hear what the Minister says, and yet still we have babies accommodated in a mother and baby unit. I have been fighting since January to get them out and have been told, “Okay, we will take them out of there.” There is a fantastic campaign called Freedom to Crawl, which points out that the rooms are so tiny that the development of these tiny babies—some of them becoming toddlers—is stifled because they do not have the freedom or the room to crawl. The Minister can tell me that they are not going to house children in those centres, but that is what is currently happening. If he thinks that is wrong, I would be glad to have his support to put an end to it.

[Tom Pursglove]

I am talking very specifically about accommodation centres in relation to the clause. If the hon. Lady writes to me with the specifics of the mother and baby unit in her local area, I will take that away and look at it.

[Anne McLaughlin]

I know that we have said “another letter” a number of times today, but I appreciate that offer. I understand that the Minister might not have heard of the unit because it is in Glasgow—although his predecessor might have known about it—but I would be happy for him to look at it.

Along with Alf Dubs—Lord Dubs—I co-chair the all-party parliamentary group on refugees. We recently held a meeting to look at types of accommodation centres. We had a guest, a former politician from Belarus, who told us a story about why such accommodation does not work. He had to leave Belarus for political reasons in 2017. He had no choice. He was in serious fear of his and his wife’s safety. He said, “I am very grateful for the help and support that I have had, and I appreciate Britain taking me in.” He was really appreciative and not complaining, but he said now that he is settled he wants to make this point as much as he can so that other people do not go through what he went through when he initially got here.

They arrived in London and were put in shared accommodation in a hostel called Barry House, a big house full of, as he described it, “people like ourselves” who were seeking asylum. The people who lived in the house were from different backgrounds and cultures with different ideas about lots of issues. He said the staff did their best to make it comfortable, but it was not really possible to be comfortable. During the six months he was there, every day started and ended with some sort of scandal or argument. He described it as a powder keg, and we can understand why, because many of those people had post-traumatic stress disorder, and many of them spoke different languages, so we can imagine how stressful that would be. He said, “We tried to keep ourselves to ourselves—I couldn’t always tell what the arguments were about”, but he could feel the stress coming off other people. He said it was difficult for the staff to look after so many people; one thing he mentioned was everyone’s different dietary requirements, due to a number of things, including culture. He said the staff tried their best to provide a neutral menu, which meant that nobody was happy, but of course they did not feel they could complain, because they were grateful that they were no longer in their previous situation.

We have talked about not housing people with disabilities in that kind of accommodation, as mentioned in amendment 98. This gentleman had diabetes and is also a wheelchair user, and he said his health suffered because of the diabetes and he could not get access to the type of food he needs to maintain his insulin levels. He talked about using the toilets and said there was a limited number he could use, and because there were so many people in there, sometimes he had to wait for hours to use the few toilets he was able to get access to. He said it was like daily torture just trying to use the toilet, and a shower became a luxury for him.

This gentleman needed a specialist bed because of his mobility problems, but of course he could not get one because the rooms were so tiny he could not get one in. He said to me, “I knew I couldn’t go home. It wasn’t possible to go home. I thought I was safe, but I began to have suicidal thoughts at the centre. My life was at risk in Belarus, but it felt like my life was just disappearing in the UK.”

At the time, this gentleman said the stress and pressure was just enormous and that, had it not been for the Refugee Council in England, which provided a psychologist who gave him the belief he could get through it, he would not have survived. He said, “It was really difficult. I was a politician at home. I had what was considered a high standing in society, and I came here and I felt like absolutely nobody.” He said he was not underplaying everybody else’s problems; everybody else had serious problems, and when they are housed in accommodation together, the problems multiply. As I said, he described it as a powder keg and said that everybody had had negative experiences and everybody was scared of different things. Somebody is scared of noises, somebody is scared of something they see—people are all frightened, and that is the legacy of what they have been through. If they are put all together, it is extremely difficult.

I am strongly opposed to that type of accommodation, and the sooner people can get into community dispersal, the better. I know the Minister said he would ensure that the accommodation was not detention—or he said it would not be detention—but my question is whether it will feel like it. In the so-called mother and baby unit in Glasgow, for a time they were not allowed to leave without asking permission, and when they came back they were not allowed a key to the door. They had to wait, standing outside with their babies, until somebody came to let them in, which could be quite a while.

It is well documented how bad detention is for people seeking asylum who have mental health issues, which must be most asylum seekers after what they have been through. A lot of good work has been done by Professor Cornelius Katona and the Helen Bamber Foundation on mental health and detention. I am sure the Minister will be aware of the reports they have done.

I visited Dungavel detention centre in Scotland when I was a Member of the Scottish Parliament. I went in there and I felt like a criminal. They took my fingerprints and they walked about with big bunches of keys. Obviously, I was only there for a visit and I knew I was getting out again. The problem with detention is the indefinite nature of it.

The Minister said it is not indefinite accommodation, and if they can arrange other accommodation themselves they can get out, but I want to share the story of a mother and son I visited. The son was 10 years old. They were in detention, but I cannot help wondering whether we are going to find children in these accommodation centres feeling the same. At the age of 10, he said to his mum, “Mum, let’s not do this anymore. Please can we just find a way to let us die.” That is a 10-year-old boy. He is not dead now; things changed and their lives got a whole lot better, although he is very much impacted by his experience there. I am offering anecdotal evidence not to back up my claim, but to illustrate the detailed research that demonstrates that that child is not an isolated case. I know the Minister is saying that the intention is not for children to be placed in such accommodation—and certainly not in detention—but I want a guarantee that no children will be housed in these circumstances. I am sure he will agree with me that nobody wants to put children through what that child went through.

[Holly Lynch]

It is a pleasure to follow the hon. Member for Glasgow North East. I rise to speak in support of this group of amendments to clause 11, and I agree with a great number of the points that have already been made. I join colleagues in raising grave concerns about the direction in which the provision of asylum accommodation has moved in recent months, and I fear that the measures in clause 11 will only make matters worse.

I will focus my comments on the increased use of so-called contingency accommodation—specifically, Napier and Penally barracks—to outline why the amendments are necessary if we are to avoid the failures of those centres being repeated with the proposed accommodation centres. In my former role, and along with many colleagues, I sought to raise serious concerns about the rising use of dormitory-style accommodation. The justification for their use was the pressures of the pandemic and increased numbers in the asylum system. However, clause 11 allows the Government to extend that style of institutionalised accommodation through the introduction of new accommodation centres.

Following reports of bad practice, I wrote to the Government back in December 2020 to raise concerns about the situation in initial and contingency asylum accommodation, and I called on them to commission a review of covid safety in all establishments being used for asylum accommodation. Those concerns became a reality in January this year, when there was a significant outbreak of covid in Napier barracks, with nearly 200 cases. In March, the then independent chief inspector of borders and immigration and Her Majesty’s inspectorate of prisons published their key findings from site visits to Penally camp and Napier barracks in mid-February. They confirmed that, given the cramped communal conditions and unworkable cohorting at Napier, a large-scale outbreak was virtually inevitable. Distressingly, inspectors visiting the site were informed by residents that, at the time of inspection, the barracks were at their best.

I submitted a freedom of information request to various authorities, which brought about the release of the Kent and Medway clinical commissioning group’s infection prevention report that was carried out at Napier barracks. It confirmed that the site does not facilitate effective social distancing. Every line of the report was devastating. The ICIBI and HMIP also raised serious safeguarding concerns, stating:

“There was inadequate support for people who had self-harmed. People at high risk of self-harm were located in a decrepit...‘isolation block’”

that was considered “unfit for habitation.” A survey conducted by the inspectors at Napier barracks found that one in three residents had felt suicidal during their time there.

As hon. Members have said, the report’s findings were further supported by the High Court judgment in June, which found that the Government’s decision to house asylum seekers in such a way was unlawful. It concluded that the condition of the site was inadequate and that it was irrational to house people in dormitory-style accommodation, yet the accommodation remains open and houses over 200 people at any one time. It was deeply concerning that during a recent meeting of the Home Affairs Committee, Home Office officials were unable to confirm how many covid-19 cases there had been since the accommodation reopened in April, yet we know there was another outbreak in August. The Home Office’s continued lack of oversight and engagement at ground level gives me no hope that the Government have learned from their failures, yet they wish to extend and continue that type of accommodation with accommodation centres, as outlined in clause 11.

The ICIBI report on Napier and Penally found that the Home Office did not exercise adequate oversight at either site, where staff were rarely present. It said:

“There were fundamental failures of leadership and planning by the Home Office.”

That is damning, so can the Minister say what assurances we have that things will be any different or any better in accommodation centres? The ability to deliver safe and appropriate asylum accommodation is a duty of any Government, but that just has not been the case in recent months.

The investigation highlights that the advice of Public Health England and the fire authorities was not acted on and was ignored before the sites were opened. The pressures of the pandemic would have presented challenges to any Government having to find solutions to problems at pace. However, we know that the Home Office is planning to extend the use of Napier barracks until 2026. We will be using the breadth of Parliament to challenge that, but I return to the point that the direction of travel in clause 11 is bad. Amendments 100, 104 and 130 are an attempt to ensure that rights and safety obligations are upheld.

--- Later in debate ---

[Tom Pursglove]

The hon. Member and I fundamentally disagree on this point. I think that there is value in having accommodation centres that provide accommodation but also ensure that caseworking facilities are available alongside. That aids in the processing of cases more quickly. That is a sensible step forward, and something that I endorse. I think it is the right thing to do in these circumstances.

Amendment 99 would also undermine a key objective that we are trying to achieve through setting up accommodation centres, which is to resolve asylum cases more quickly by putting casework and other services on site. This speaks to the point that I have been making; there is therefore no rationale for restricting the number of people who will benefit from these improvements to 100 individuals per site.

Additionally, there is no reason why unrelated asylum seekers cannot share sleeping quarters, provided that they are the same sex. This is already allowed for in the asylum accommodation system. Those in flats or houses, for example, may be required to share bedrooms. Some asylum seekers might require their own room—for example, the current policy provides that those receiving treatment from the Medical Foundation for the Care of Victims of Torture should generally not share sleeping quarters with strangers—but that is because of their individual circumstances. I re-emphasise that appropriate decisions must be made on a case-by-case basis and, where circumstances require, appropriate arrangements should be made.

Amendment 100 seems to be based on a misunder-standing—I intervened on the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East on this point earlier. We are not proposing to accommodate anyone in the centres under the powers in section 17 of the 2002 Act. Asylum seekers will be accommodated in the centres under section 95 of the Immigration and Asylum Act 1999, or section 98 of the 1999 Act, pending consideration of an application for section 95 support. If the application is refused, there will be a right of appeal in the normal way.

Amendments 101 and 130 are both similar in theme to amendment 16. I disagree that the normal period of residence in an accommodation centre should be no more than three months. It may be that a three month period is appropriate in some cases, either because of the individual circumstances of the asylum seeker or the nature of the facilities at the site. However, as I have explained, we need the flexibility to increase the period of residence in a centre if experience shows this period is too short to provide consistent, streamlined support.

Amendment 102 would effectively give local authorities a veto on any proposals to set up accommodation centres in their areas. That is not appropriate. It is right, of course, that local authorities are fully consulted about such proposals and their views about local impacts and other matters given considerable weight.

[Anne McLaughlin]

I agree that it is right that local authorities are consulted, so the Minister will forgive me for being a little cynical that that will happen. When asylum seekers were put into a hotel in Falkirk a couple of weeks ago, Falkirk Council knew absolutely nothing about it and were not able to support them. He will forgive me for being a bit cynical about that pledge.

[Tom Pursglove]

I think it is absolutely essential that there is an open dialogue with local authorities about any measures that are proposed in their areas, and that those local views are properly taken into consideration and reflected in the decisions that are reached. That is a commitment that we make, and is already a feature of the current system.