Oral Answers to Questions

Anum Qaisar Excerpts

Monday 20th March 2023 Commons Chamber

[Marion Fellows (Motherwell and Wishaw) (SNP)]

5. What recent assessment she has made of the compatibility of the Illegal Migration Bill with the refugee convention.

[Ms Anum Qaisar (Airdrie and Shotts) (SNP)]

11. What recent assessment she has made of the compatibility of the Illegal Migration Bill with the European convention on human rights.

[The Secretary of State for the Home Department (Suella Braverman)]

I refer the hon. Lady to the statement in my name that appears on the front of the Bill. I would add that I am satisfied that the provisions of the Bill are capable of being applied compatibly with the human rights convention and compliant with our international obligations, including the refugee convention.

[Suella Braverman]

I refer the hon. Lady to article 31 of the refugee convention, which makes it clear that there is not an absolute duty on states to offer provision to asylum seekers, particularly if they have come from a safe country. It is important to note that the Bill applies to people who have come here illegally from a safe country. It is important that we instil a framework that enables us to detain and swiftly remove them so that we can stop the boats and stop the people smuggling gangs.

[Ms Qaisar]

When introducing the Bill, the Home Secretary said that she was

“confident that this Bill is compatible with international law.”—[Official Report, 7 March 2023; Vol. 729, c. 152.]

She then immediately confirmed that she could not make a declaration of compatibility under section 19 of the Human Rights Act. That followed her previous comments that she thought that it was less than 50% compatible. Can the Home Secretary please confirm to the House today which of these three views she holds?

[Suella Braverman]

I do not think the hon. Lady has quite got the point of the Human Rights Act. Section 19(1)(b) is designed for exactly these purposes. Although the Government believe our provisions are capable of being compliant with the Human Rights Act and the European convention on human rights, we are, none the less, testing legal arguments and legal bases, and there is nothing wrong with that. In fact, a previous Labour Administration also introduced legislation carrying such a section 19(1)(b) statement.

The SNP is all talk and no action. Although Scotland makes up 8% of the UK population, only 1% of the UK’s asylum seekers are housed in contingency accommodation in Scotland. It is very easy for the SNP to make all the right noises, but it has taken zero action to stop the boats.