Nationality and Borders Bill (Twelfth sitting)

Anne McLaughlin Excerpts

Committee stage
Thursday 28th October 2021 Public Bill Committees

[Paul Blomfield (Sheffield Central) (Lab)]

Despite the Minister’s request, I would like to speak to amendments 144 to 149, which seek to address a couple of pretty serious issues: the immorality and the impracticality of the Government’s approach to the policy of pushback.

As regards Australia, the United Nations special rapporteur expressed real concern that the policy could intentionally put lives at risk. We have also seen the reports on those who lost their lives as a result of pushbacks in the Mediterranean. Clearly, the Government do not want to risk death or injury. Ministers have told us repeatedly that the objective of the legislation is to prevent drowning in the channel. Amendment 144 therefore seeks simply to put that commitment in the Bill.

I heard the Minister’s comments earlier, but a constant theme throughout our debate over the past few days has been that we identify real problems with the Bill and the Minister says, “Oh, don’t worry, we’ll sort it out.” We are trying to say, “If we’re in the same place on the issue, let’s sort it out by putting something on the face of the Bill.” Amendment 144 would do that by requiring officers not to act under powers granted by proposed new paragraph B1(2) if they risked the welfare of those on board. It would simply ensure that an officer who wants to stop a ship, board it or require it to be taken elsewhere in the UK or internationally and detained or to leave UK waters must first consider the implications for those on board. Given that we are in the same place in our intentions, I hope the Minister can accept amendment 144.

Amendment 145 addresses the issue of practicality. Clause 41 is disturbing enough in itself, but it also reflects a wider problem with the Bill. The Government are trying to talk tough and grab headlines but with proposals that are actually undeliverable and that will not solve the problem of people smuggling that we all agree needs to be tackled. We have discussed offshoring and third country returns on previous clauses, and here we are again. Amendment 145 seeks to press the Govt on the issue.

In schedule 5, proposed new paragraph B1(7) makes it clear that the Government can proceed with the policy of pushback only where the relevant territory

“is willing to receive the ship.”

So where are the agreements? Amendment 145 would require the Home Secretary simply to publish a list of states with which she has secured agreement under sub-paragraph (7) to send ships with asylum seekers to, and to do so within 30 days of Royal Assent. That is not 30 days from today; that is 30 days from Royal Assent. That is a considerable amount of time. The Government have put a lot of thought into the Bill apparently, although there seem to be a lot of last-minute amendments. The Minister has said repeatedly that he does not want to provide a running commentary on negotiations. Let me reassure him: we do not want a running commentary. We just want some indication that there are agreements, or agreements in the pipeline, but there absolutely do not seem to be any. That is key.

The Government have so far failed to secure any agreements for returning asylum seekers. Instead, they encourage rumours that they are so close to securing an agreement with one country or another, but every country that has been mentioned has slammed those rumours. Rwanda said it had no agreement with Denmark, whose Government have been condemned by the African Union —an entire continent—in the strongest terms possible. The African Union said that offshore processing amounted to “responsibility and burden shifting” and criticised European attempts to extend border control to African shores as “xenophobic and completely unacceptable.” As my hon. Friend the Member for Bermondsey and Old Southwark pointed out, the UK Government were rebuffed by Albania. The Albanian Foreign Minister told the press:

“Albania will proudly host 4,000 Afghan refugees based on its good will, but will never be a hub of anti-immigration policies of bigger and richer countries. We have instructed our Embassy in the UK to demand the retraction of this fake news.”

There are not just no agreements, but the Government are managing to offend countries around the world by implying that they are prepared to enter into agreements when they are clearly not. How many other countries are the Government deciding to burn bridges with over this issue? When will they come clean on this empty rhetoric?

Amendment 145 is intended to be helpful. We want to see transparency and, at the end of this process, to give the Government the opportunity, which they have so far failed to take, to publish the agreements they have secured. I hope that by accepting the amendment the Minister can prove us wrong in our doubts about the Government’s work in this area, and that he will agree that this information should be published well before the Bill takes effect.

Amendments 146 to 149 seek to ensure that officers adhere to the Human Rights Act 1998 and have completed relevant training before searching asylum seekers. These amendments relate to officials carrying out searches of people during maritime enforcement for documents, evidence of crime and other purposes. They seek to ensure that those officials have received training that is relevant to the task, and at all times are adhering to the Human Rights Act 1998.

As we have discussed many times in Committee, those fleeing persecution and danger to build new lives in the UK are likely to be victims of violence and trauma. They are vulnerable, and personal searches in particular could be extremely difficult or upsetting. Schedule 5 allows for officials to search a person, but forbids them to

“remove any clothing in public other than an outer coat, jacket or gloves.”

That is welcome as a bare minimum, but there is no stipulation or description of what can be done in searches in private, so this amendment seeks to ensure that the Home Office designs and delivers training to officers to ensure they are sensitive to the needs of the vulnerable people they may search. Additionally, it would ensure that all those searches are conducted with consideration given to the Human Rights Act and the right to a private life, to encourage the use of these powers only in extreme circumstances and when absolutely necessary.

Again, I draw the Minister’s attention to the lived experience of those who have come to our shores. In 2015, Women for Refugee Women published a report, “I Am Human”, which details the impact of searches on those who have experienced sexual violence. The searches triggered mental health problems, flashbacks and traumatic memories because people felt handled and scared by the process. When addressing my earlier amendments, the Minister sought to reassure me on these points too, saying that the Government would of course be compliant with the Human Rights Act and would take account of all the issues I am raising—fine. So why not put that commitment on the face of the Bill?

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

It is a pleasure to follow my friend, the hon. Member for Sheffield Central. When there are no safe and legal routes —or very few, as we have discovered throughout our many debates in this Committee—refugees will travel by unsafe means. We leave them no other choice. An estimated 40,000 refugees and other migrants died between 2014 and 2020 in the process of moving between countries, so as you said during a previous Bill Committee sitting, Ms McDonagh, we all of course want these dangerous crossings stopped.

We need to establish a network of the safe and legal routes the Government keep claiming the Bill is all about. But if it was about safe and legal routes, the Government would not be spending so much time, energy and money on introducing this so-called pushback policy for vessels found in the English channel. In the Bill, they refer to ships, but they have stretched the definition of what a ship is beyond recognition: it is now anything that appears to float. I feel the need to emphasise that for the hon. Member for Stoke-on-Trent North—I see his ears pricking up at the mention of the word “Stoke”. Given his comment that he is happy to holiday in Greece, and that refugees should therefore just stay there, he clearly thinks people are arriving here on cruise ships. He really ought to look into this issue a bit more before he casts another vote or speaks another word. The Bill specifically talks about

“any other structure (whether with or without means of propulsion)”.

That is because people are making these perilous journeys on the flimsiest of vessels, so desperate are they.

Let us not sanitise things by talking about the pushing back of boats, ships or vessels of any description. Let us call it what it is: a policy of pushing back people—human beings. That is who we are pushing back. Who are these people? They are not, as the Home Secretary disgracefully claimed yesterday, economic migrants who just want to stay in UK hotels. Several very well-respected refugee organisations have spoken to me this morning to express their anger over those words, because as the Home Secretary knows, it is not true. The Home Office itself, over which she presides, accepted that 98% of those who arrived on boats in 2019 were asylum seekers, so I repeat: it is not true.

Who are these people, then? Migrant Voice and Amnesty International, in their evidence to their Committee, said that they are often babies; children; pregnant women; people who are ill; people with physical or mental incapacities; people suffering the traumas of past slavery, torture, or the frightening journeys they are on or have taken; or people who are afraid. Guess what? Young men, with the exception of being pregnant, can also be all of those things. It is clear that it takes just one person to panic or misunderstand an instruction for lives to be in jeopardy—the lives of all those aforementioned people.

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[Jonathan Gullis]

I do not believe that is in scope of the clause, but I will not apologise to Islington Council. I made it very clear that, by the end of 2020, it had not taken any refugees. Obviously, Stoke-on-Trent had taken far more. The statistics back up what I am saying, and I am more than happy to have exchanges with the hon. Gentleman on the Floor of the House at another time, if he wishes.

[Anne McLaughlin]

I do not know the hon. Gentleman’s circumstances; he could have 10 kids or none. We have already established that most asylum seekers have no idea where they are going. They do not decide where they are going based on the immigration and asylum policies of the country where they end up, but imagine if they did. If the hon. Gentleman was one of them and was told, “If you go through that country, you will possibly end up in jail, but if you don’t leave your country right now, you are going to end up dead,” which would he choose for his family?

[Jonathan Gullis]

I have one daughter and a son on the way in early February, which I am pleased to announce to the House. What a lucky father I am going to be. The hon. Lady said it—there is nothing dangerous about France, Italy or Greece. People’s lives are not at risk. They may well be in Afghanistan or Syria. People will have left those countries and made that dangerous journey, which they should not have done because there are safe and legal routes to the UK. Other countries across mainland Europe could look to us as an example. They can claim asylum in those countries and not risk their lives by crossing the channel from France to the United Kingdom.

As I said, 70% of people making that illegal crossing are men between the age of 18 and 35. Predominantly, women and children are not coming with them but staying in those dangerous countries, which is why what we did with Afghanistan and Syria was so brilliant—we took women and children from a terrorist regime that I have no time for whatsoever, who treat women as second-class citizens and force certain children into slavery. We need to ensure that those women and children are protected.

I therefore believe that we should give commanders the confidence to do that again if they believe it to be safe. It is the commanders who will make that decision, and I have full faith that they will do so knowing the law, and the legal system in this country will have their back. Most importantly, they will take into account the condition of the waters at the time and the passengers onboard, so they can decide what is safe. The French can then do what they are meant to do when boats are in French territorial waters—stick to the obligations they sign up to for the money they get from British taxpayers and take those people back.

The people of Stoke-on-Trent North, Kidsgrove and Talke are so angry about what is going on that they want us to pick people up and take them straight back to Calais. I am sympathetic to their viewpoint, and that is one way to deter. This is a legal opportunity for us and the right one for the Government.

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[Stuart C. McDonald]

Again, I am grateful to the Minister for his answer and we will consider it. I am still not absolutely clear on precisely what the scope of the provision is and whether, for example,

“a statement…on behalf of the person”

would include a medical statement—a medical report—so that its credibility would be damaged just because the person who underwent the medical report disclosed information late. We will go away and think about that. I think the Home Office may need to give it some consideration as well, but in the meantime I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Anne McLaughlin]

I beg to move amendment 175, in clause 47, page 42, line 24, leave out from “account” to the end of the subsection and insert

“of all the factors that may have led to the person providing the information late.”

This amendment would remove the presumption that delayed disclosure in relation to slavery or trafficking will be deemed damaging to a person’s credibility.

[The Chair]

With this it will be convenient to discuss amendment 163, in clause 47, page 42, line 26, at end insert—

“(2A) For the purposes of subsection (2) ‘good reasons’ include, but are not limited to—

(a) the impact of trauma, including avoidant behaviours and memory fragmentation consistent with Post-Traumatic Stress Disorder;

(b) distrust of authorities, including fear of punishment or a lack of confidence in the confidentiality of information sharing;

(c) fear of reprisals against them, their children, families or friends if they make an allegation of slavery;

(d) experiencing pressures and fears related to bonded debt;

(e) where the claimant was under the age of 18 years at their time of arrival in the UK or at the time of their exploitation;

(f) where the claimant has diminished capacity;

(g) fear of repercussions from people who exercise control over the individual;

(h) a lack of understanding of Modern Slavery including being unable to identify themselves as a ‘victim’;

(i) narrative reasons including being unable or unwilling to identify themselves as a ‘victim’;

(j) Stockholm syndrome; and

(k) an ongoing or previous relationship with the trafficker.”

This amendment seeks to define “good reasons” for late disclosure.

[Anne McLaughlin]

We know that it is common for the impact of trauma on trafficking survivors to result in late disclosure of the trafficking experiences. I will not repeat things that we have already said, but let us not pretend that we do not know that already. The clause places an additional burden on people to demonstrate good reasons for their late disclosure, or lose credibility and be less likely to be recognised and given the support essential to recover—in as much as one can—from the crimes that have been visited on them, as a trafficked person. They are no less in need, however, and for that reason, amendment 175 would stop the very common delayed disclosure of information from damaging a victim’s credibility.

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[Tom Pursglove]

I recognise the sincerity of the hon. Gentleman’s concern about this. What I would say to him, as I have now said many times, is that I expect appropriate decisions to be taken on a case-by-case basis, taking proper account of all the circumstances, mitigations and issues that people bring forward in relation to good reasons. I am confident that that process can be properly developed and delivered in a way that is responsive to those sorts of issues. That is why—to address the point made by the hon. Member for Halifax—it is difficult to put a precise time on when that guidance will be put in place, for the simple reason that we want to engage properly with the sector in the way that I have outlined. I want that to be a thorough process and for the guidance to be put in place in an appropriate manner that is as exhaustive as possible, but does not lack common sense and means that proper consideration is given to the many varied reasons that people may have for providing information late, for example.

[Anne McLaughlin]

I have a couple of points to make. My hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East made the point that once people get past the deadline, they will be terrified to come forward. What will the Minister do about those people—

[Tom Pursglove]

Will the hon. Lady give way?

[Anne McLaughlin]

I had not quite finished, but okay.

[Tom Pursglove]

I apologise for interrupting the hon. Lady in mid-flow. I just want to provide some clarity on this point. If there are reasonable grounds to believe that someone is a victim, they will get positive identification even if the information is provided late. I want to be clear about that and place it on the record.

[Anne McLaughlin]

But the Government are refusing to accept amendment 163, which would put in the Bill what some of the good reasons could be. The Minister says that he will allow decision makers to have discretion, but what he is actually doing is allowing them to have discretion not to accept some perfectly valid reasons—including trauma, as we have covered. I would love to press the amendment to a vote, but we have to pick our battles in this place, so I reluctantly beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

Amendment 163 has already been debated. Do the Opposition wish to move it formally?