15 Ben Goldsborough debates involving the Home Office

Immigration and Asylum Bill (Fifth sitting)

Ben Goldsborough Excerpts
Anna Turley Portrait Anna Turley
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My hon. Friend makes an important point. Basically, anyone who is a British citizen will be eligible to become a sponsor, I believe. Forgive me, I did not want to mislead her by getting the wrong answer, but yes, I was right: individuals with specified status in the UK, including British citizens, settled persons and those with certain other lawful residence will be able to make a sponsor human rights claim. They will need to establish a genuine family life claim—we will talk about that in more detail in the following clauses—and show that refusal would disproportionately interfere with their article 8 rights. As I said, the reforms do not create a new migration route or entitlement; they simply ensure that human rights claims for those who are settled British citizens, settled persons and those with residence here are raised and considered through the correct process.

I thank the hon. Member for Mid Bedfordshire for tabling amendment 94. It would enable the Home Office to designate a place only when a sponsor human rights claim can be made via statutory instrument subject to the affirmative procedure. The Bill does not require the definition of a designated place to be the subject of regulations, as there are currently no plans to specify the geographical place from where such claims can be made. The focus of article 8 is on whether the individual in the UK making a sponsorship claim has a strong enough claim, not where the family is based. That is because a UK-based sponsor will be expected to make their claim through a paid-for online application. We will use the immigration rules to specify the procedures that applicants must follow to make a sponsor human rights claim. That will allow us to go into the necessary level of technical detail, while retaining flexibility to make changes as we implement the new application process.

Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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What is interesting about the subsections that the Minister has gone through is that one of the huge problems we face is the judicialisation of British law, where we see interpretation because the law has been too loose. Will she explain how the steps that we are taking will rein those powers back into the sovereignty of Parliament, so that we have more control and can represent our constituents on the issues that they care about the most?

Anna Turley Portrait Anna Turley
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My hon. Friend gets to the exact heart of what we are doing with this legislation. Through the build-up of the legal framework, we have been guilty of over-interpreting Strasbourg law. By codifying what we are doing, through this Bill, we are ensuring that we are not going over and above that but are simply complying with our international obligations.

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Anna Turley Portrait Anna Turley
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That is an important point. I will be delighted to provide more evidence as we go through due process. We must make sure that they are proportionate and do not push people into poverty, but it is important that we are charging people a fee where they are bringing family members to this country under article 8. For the reasons I have set out, the Government do not support the amendment.

Amendment 112 would require the Home Office to carry out safeguarding checks on individuals who make a sponsor human rights claim and that any information uncovered in these checks is considered when the Home Office determines that claim. I thank the hon. Member for Rutland and Stamford (Alicia Kearns) for raising the importance of safeguarding vulnerable migrants, particularly children and victims of domestic abuse, in this amendment. It is a really important issue and one that will be fully considered in the design and implementation of the application process for sponsor human rights claims. As clause 17 simply paves the way for changing how an entry clearance application relying on article 8 family life can be made, we do not believe this level of detail is required in the primary legislation.

The immigration rules already contain safeguards to protect children coming to the UK to join family members who could put them at risk of harm. However, we will fully consider if additional safeguarding requirements are necessary as we develop the procedural requirements for sponsor human rights claims in the immigration rules, because an important point is made through amendment 112. This is a safeguarding proposal that we would support in principle when the application process is designed. I hope that hon. Members are reassured that our support for the principle is on the record through this Committee.

Ben Goldsborough Portrait Ben Goldsborough
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I would be keen to hear the Minister expand on the issue of safeguarding particularly for victims of domestic abuse and domestic violence. Can she expand on the action the Government will be taking to protect people from that heinous crime?

Anna Turley Portrait Anna Turley
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Absolutely. We will of course come on to talk about modern slavery and so on later in the Bill. Protection for vulnerable people is at the heart of what this Bill is about.

Where a UK-based sponsor is young or vulnerable and unable to complete an application, they can give permission to someone else to enter their details, but for those who are vulnerable overseas, existing safeguarding measures are already in place to identify any indicators of coercion, exploitation or trafficking. We will of course consider how these measures can be further strengthened to enhance the identification and management of risk, but our approach ensures that vulnerable individuals are protected while maintaining the integrity of the system, through ensuring the rights of UK-based sponsors are the focus of entry clearance decisions that engage article 8.

We feel that a blanket rule to prevent individuals who have been convicted of these criminal behaviours would not be compatible with the EHCR, which necessitates an individualised assessment, but we are keen to make sure that safeguarding requirements are done through the immigration rules to protect anyone at risk of domestic abuse from their sponsor.

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Of course, we in the Conservative party believe that he is spot on. That is the right way to proceed to halt this merry-go-round of tweaking—
Ben Goldsborough Portrait Ben Goldsborough
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I know that the Opposition place a lot of emphasis on the Lord Wolfson report on leaving the ECHR entirely, but that report states that doing so would terminate part 3 of the UK-EU trade co-operation agreement that was secured by the hon. Gentleman’s party, meaning that we would leave Eurojust, Europol and fast-track expedition frameworks. All that puts us at risk of not being able to manage the immigration system in the fair and transparent way that our constituents want. Does he not agree?

Blake Stephenson Portrait Blake Stephenson
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Funnily enough, I do not agree with the hon. Member—shock horror. Lord Wolfson produced an extremely extensive piece of legal advice, running to some 180 pages, which the hon. Member has, I am sure, read from front to back. There are absolutely no legal impediments to us leaving the ECHR, and to do so would resolve the issues before us in the Bill. Some of the matters that he has raised are political rather than legal, in the sense that they can be negotiated politically. The important thing is that we are fair to the British people and that we have an immigration system that they can have confidence in, and we can deliver that only by departing from the ECHR. I do not want to go down rabbit warrens on all the reasons why it is a fantastic policy, but no doubt the hon. Member will ask further questions as we proceed.

The one time Parliament tried to disapply the convention in this area—hon. Members will love to hear the word “Rwanda”, I am sure—was in the Safety of Rwanda (Asylum and Immigration) Act 2024. The provision never took effect and was repealed by the Labour Government in 2025. Government and Parliament must be willing to take steps that require the courts to decide convention cases differently. That is the direction in which the evidence we heard points this Bill Committee.

If the Government will not change the framework and merely ask the courts to “have regard”, part 2 will at best deliver what the Government’s own impact assessment predicts: refusals that do not become removals. Why have the Government not considered giving the courts a direction that they cannot set aside—an exclusive code, for example, or disapplication of the Human Rights Act in this context? If they have considered that but have not moved forward with it, can the Minister explain why it was rejected?

The unfortunate reality for the Bill is that the Government are falling into the same trap as previous Governments: legislation that is well meaning—even well drafted—and designed to circumvent the constraints of the ECHR. The courts will inevitably default to the same positions that they always have, allowing people who have no right to be in this country to stay for longer in the meantime. If, or more likely when, this Bill fails to genuinely empower the Government to deal with the extensive grounds for resisting removal that the various articles of the convention create, will the Minister and other Labour Members finally join us in accepting that the issue here is not how carefully the legislation is drafted but the ECHR itself, and that we cannot have a meaningful conversation about restoring control over our immigration system without taking steps to leave the ECHR?

Ben Goldsborough Portrait Ben Goldsborough
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Will the hon. Gentleman give way?

Blake Stephenson Portrait Blake Stephenson
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I am going to close, because I think I have spoken enough and time is pressing on.

Clause 17 creates a new statutory claim for sponsors, and new rights of appeal, which will become the main route for refugee families. It exempts those claims from the safe country filter. Its detail is left to rules that we have not seen, and it commences by reference to provisions that are not yet in force or that the Bill would repeal. Amendment 84, which would have left out the clause, has not been selected, so the Committee will instead decide the matter by voting on whether the clause should stand part of the Bill. For the reasons I have mentioned in this speech, which has gone on far too long, the Opposition will vote against it.

Immigration and Asylum Bill (Sixth sitting)

Ben Goldsborough Excerpts
The Minister also spoke about the importance of effective deterrence in dealing with the problems in our immigration system. Does the Minister not agree that leaving a convention that too often and too easily allows foreign criminals and those with no rights to be here to stay, regardless of any deterrent the Government introduce, is a much more effective form of deterrence? Tweaking legislation to try to circumvent the ways that the ECHR renders the UK powerless to solve these problems and hoping that they stick is not an effective deterrence plan. I look forward to the Minister’s comments.
Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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Will the hon. Member give way?

Blake Stephenson Portrait Blake Stephenson
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I was just about to close, but I will gladly give way.

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Ben Goldsborough Portrait Ben Goldsborough
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As the hon. Member very kindly name-checked my speech yesterday, I need to thank him first of all. He says there is no issue of “Lock, Stock and Two Smoking Barrels” when leaving the ECHR, but there is an issue concerning our colleagues and friends on the island of Ireland. What would be the result of leaving the ECHR when it comes to the Good Friday agreement? There is no question about it: Lord Wolfson may say that there may or may not be an issue with that, but the Irish Human Rights and Equality Commission has noted that there would be an issue, and we have the history as well. Anything that comes back with this idea that, “Well, Australia and New Zealand don’t operate within these systems,” does not take into account the history of the island of Ireland.

Blake Stephenson Portrait Blake Stephenson
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I thank the hon. Member for his intervention—perhaps my hon. Friend the Member for Isle of Wight East was correct to say that I was far too generous in taking it; I should have just closed my speech.

The hon. Member for South Norfolk clearly recognises that the Opposition commissioned Lord Wolfson to conduct a very serious legal analysis of the benefits or otherwise of leaving the ECHR, which he has done. I go back to the comment I made earlier about how there are no legal barriers to us departing the ECHR. There is no risk to the Union and there is no risk to the Good Friday agreement in a legal sense. It will, of course, result in a political discussion, and that will be had at the appropriate time, but the political questions that will arise are not insurmountable.

I will now close. The Opposition support the aim of clause 18 and will not oppose it standing part of the Bill. We support Government amendments 44 and 45, but a definition that is qualified by “normally” applied through a duty only to “have regard to”, with the excluded factors let back in by clause 18(6), is a definition that the courts can step around. I will seek to press amendments 98 and 99 to a Division.

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Siân Berry Portrait Siân Berry
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I thank the hon. Member for his perspective. He must appreciate through his constituency casework, as I do, the general principle that article 8 claims need to be assessed on an individual basis. The Bill tries to codify and generalise things in ways that reduce the ability for anyone making decisions to look at the genuine family lives of those making the claims. Bad decisions can result from people misunderstanding different cultures, from unconscious biases and from all kinds of things like that. It is really important that we do not try to prescribe family life under state definitions. I will come on to talk more about that and about the toxic rhetoric and the awful anecdotes, such as the examples we have heard from Ministers, which increase the toxicity of the debate. We can do much better than this Bill to reduce that.

Clause 18 would replace the reality of family relationships with statutory presumptions. Families today come in many forms. We have single-parent households, blended families, grandparents raising children, and parents who do not live under the same roof through circumstance rather than choice. A family does not stop being a family because it fails a cohabitation test. I will always stand up against people trying to define what a normal family is. The Government’s stated objective is to confine family life “normally” to the core cohabiting family unit. A parent who does not live with their child must prove that the relationship is genuine and be judged on how often and how recently they have had contact, even where work, shared care or the immigration system itself has kept them apart.

Ben Goldsborough Portrait Ben Goldsborough
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If we followed the hon. Lady’s line of thinking, my concern is that we would leave section 117B of the Nationality, Immigration and Asylum Act 2002 completely unamended, which would mean that there is no clarity—not just for the state and our constituents, but for those going into the system who may be seeking refuge. Is there not also a moral case? If we leave this be, we will end up in a muddle, which will mean that backlogs continue to grow, people do not get the surety of an answer and the immigration and asylum system will not have the confidence of the public.

Siân Berry Portrait Siân Berry
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I thank the hon. Member for making those points, but as we spoke about on Second Reading and in earlier debates on this topic, the muddle lies in the bad initial decision making in the Home Office. If it is not clear what kind of evidence people need to establish family life, it should be dealt with through better processes, better information and more support for legal representation. Codifying it, as is done in the Bill, is not the right way to deal with that.

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Siân Berry Portrait Siân Berry
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I thank the hon. Member for trying, but he is talking to a person who cannot read the universal declaration of human rights without welling up, and I will never give up making arguments of this sort.

Previous legislation on these matters, to which the hon. Member for Mid Bedfordshire referred, followed on directly from the infamous 2011 party conference speech of the then Home Secretary—now Baroness May of Maidenhead. She repeated false claims from newspapers that judges had permitted a man to escape deportation because he had a pet cat—something she says she did not make up. In reality, neither of the judges’ decisions in the case was based on the man having a pet, and the second and final decision was not based on any human rights consideration at all. It was straightforwardly based on a failure by the Home Office to apply its own policy.

Amnesty International gave us more information in its written evidence:

“This—together with the readiness of many political commentators to cherry pick often minor or irrelevant facts that are mentioned in tribunal or court judgments and present these as if the main or sole reason for a decision that may have little or nothing to do with them—continues to underpin criticism of Article 8 in immigration-related decision-making. That criticism is plainly misinformed, often careless and, in some cases, on its face, clearly ill-intended—including out of dogmatic hostility to the ECHR and other political motivations.”

On Second Reading of the Bill, the current Home Secretary summarised an unnamed case. She said:

“In 2025, an Albanian man jailed for growing cannabis escaped deportation not because he had any right to be here, but because it was deemed unduly harsh on his partner to deport him. She was not his wife or life partner—instead, this relationship began only after a deportation order had been served. Why was the deportation deemed to be unduly harsh? The partner spoke no Albanian and had never visited the country before.”—[Official Report, 13 July 2026; Vol. 789, c. 675.]

Ben Goldsborough Portrait Ben Goldsborough
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I thank the hon. Lady, who is being very generous with her time. It is important for us to hammer home that, through the Bill, we are passing legislation for all eventualities. I wish that everyone coming here was squeaky clean and had the best intentions in the world, but we have to pass legislation that takes those with bad motivations into account. Will she respond to that?

Siân Berry Portrait Siân Berry
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Yes, I will respond to that shortly with some data.

To return to the anecdote from the current Home Secretary, Amnesty again corrects the record:

“A key error in this summary is the statement that the relevant relationship had only begun after a deportation order had been served. That is not correct. The judge’s decision makes clear that it began significantly before the order. Of especial relevance was that the notice that such an order might be made was served in December 2019, but no order was then made for more than four years. By the time it was made in January 2024, the relationship had developed over a relatively lengthy period.”

The Home Secretary mentioned the criminal conviction. Amnesty also corrects that information. It says that he was jailed for four months for a relatively minor offence, and was now

“working lawfully and supporting himself.”

It also says:

“There was no suggestion of any risk of reoffending. His partner, who had no connection and had never been to Albania, was working and providing daily support to her sister and mother. Whatever may have been the position in 2019 was clearly not the position in 2024; and the relevant facts were clearly not adequately presented in what had been reported or at Second Reading.”

MOD Bicester and Illegal Migrants

Ben Goldsborough Excerpts
Wednesday 14th October 2026

(3 days, 2 hours ago)

Commons Chamber
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Joy Morrissey Portrait Joy Morrissey
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The Government have said that middle-class areas need to bear their share, using class as a new weapon to silence concerns. It is a dangerous, lazy approach from a Government who are supposed to unite our country. This is not about class, or race, or anything else that the Labour party wants to use to silence those who are speaking up. That technique was used to silence rape gang victims in our cities and towns, and it is appalling that Labour has not learnt from that scandal. This is about women speaking up about fears for their safety and that of their children. The Prime Minister should listen, and Labour Members should listen. They know that these women and their communities will suffer: they know that because we already have the proof. Communities across this land have seen the lives of their women and girls ruined—ruined by the fundamental failure of this Government to protect them from the threat posed by men who come here illegally.

Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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Will the hon. Lady join me in congratulating this Labour Government on shutting down the Brook asylum hotel—which is just 200 yards over my constituency border, and was opened on 28 September 2022 by the Conservative Government—thus ensuring that the constituencies of South Norfolk and Norwich South took into account the concerns of women, girls and all other constituents within our area?

Joy Morrissey Portrait Joy Morrissey
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I would ask the hon. Gentleman why the use of houses in multiple occupation for asylum accommodation has increased by 12% since this Government took over, why there has been this movement from hotels to HMOs, and what the long-term solution is.

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Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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Today we are being asked to support a motion calling for the United Kingdom to leave the European convention on human rights. I am going to do something slightly unusual and speak about the detail of a law that we are considering in Committee. While the Conservatives are busy demanding that we tear up an international agreement—an agreement written by one of our greatest wartime Prime Ministers, Winston Churchill—this House is already considering substantive reforms to how human rights law is applied in immigration cases.

The Immigration and Asylum Bill is currently being scrutinised in Committee. That is where we should be having serious discussions about how the system works, what needs to change and how we ensure the law serves the public interest. Clauses 17 to 20 are central to that work. They are not cosmetic changes or empty promises; they are detailed legislative provisions designed to change how courts and tribunals consider human rights claims in an immigration case.

Kieran Mullan Portrait Dr Mullan
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The hon. Gentleman has mentioned the work going on in relation to article 8. What is his view on how article 3 has changed from a protection against torture to a way to access particular forms of healthcare? Does he think that is reasonable?

Ben Goldsborough Portrait Ben Goldsborough
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I am a proud member of the Public Bill Committee, and at the moment we are looking at things such as the ouster clauses that are included in the Bill. We are giving the detail that is needed for the Law Lords and everyone else involved in this process to integrate what needs to be done.

These are not cosmetic changes that we are looking at. Clause 17 addresses sponsor human rights claims. It creates a route for a person based in the UK to appeal the decision refusing entry clearance to an overseas family member where the decision engages their right to family life under article 8. That is a specific change to the operation of the appeal system, with clear rules about how such claims are considered.

Clause 18 goes further by establishing a clearer statutory definition of “family life” for the purposes of article 8 in immigration cases. It provides that “family” would normally be limited to core cohabiting families, partners, and in relevant circumstances children and parents living together. Where someone seeks to establish family life beyond those core relationships, the legislation sets out the circumstances and evidence that courts should consider.

For relationships between adults, that includes whether there are additional elements of dependency beyond normal emotional ties between them. It also makes it clear that the courts must first determine whether article 8 is engaged before going to consider the public interest. That is an important distinction. The existence of a human right does not automatically determine the outcome of an immigration appeal. The court must consider the circumstances and apply the relevant legal test.

Clause 19 strengthens the public interest consideration that courts and tribunals must take into account. It reinforces the importance of financial independence and being able to support and house oneself and one’s family without relying on state support. It also introduces further considerations relating to criminal convictions, co-operation and immigration processes and good character. It clarifies the weight that should normally be given to a private and family life established by people who are in the UK unlawfully having obtained permission through deception or are in serious breach of the conditions of their immigration status. It also strengthens the considerations that apply when decisions could affect a child, including whether removal would have a

“very significant and long-lasting adverse effect”

on them. Those are important changes to a framework within which immigration decisions are made.

Clause 20 addresses cases involving foreign criminals and others liable to deportation. It strengthens the statutory framework for considering deportation, making it clear that the public interest in deporting those liable to deportation must be given significant weight, particularly when such offending is serious. It also sets out exceptional circumstances in which a deportation may be disproportionate, including the impact on qualifying partners and children, and cases involving very compelling circumstances.

Those provisions matter, because the public rightly expect a system that takes criminal offending seriously, enforces immigration rules and makes decisions that reflect the interests of our country. I ask the Conservatives again: if they believe that the law needs to change, why are they not engaging seriously with the changes already before Parliament? If Conservative Members do not think those clauses go far enough, they should explain why, table amendments, test the legislation and make a case using evidence and legal arguments—that is what parliamentary scrutiny is for. Instead, we have a motion before us calling for full withdrawal from the convention as though leaving an international agreement—Brexit, anyone?—would somehow make every difficult question disappear. It would not.

Leaving the ECHR would not by itself clear the asylum backlog, it would not automatically speed up decisions, it would not make every removal straightforward and it would not erase the consequences of years of Conservative mismanagement. The Conservatives had 14 years in government to get a grip on immigration and the asylum system, and they had 14 years to improve decision making, tackle backlogs and ensure that public money was spent effectively, yet they left behind a system beset by delays, mounting costs and a reliance on asylum hotels. Now they want to present themselves as the people with the answers—it is truly extraordinary.

The Conservatives created the conditions of many of the problems the Government are still dealing with; now, they want to distract from that record with another dramatic announcement. Our constituents deserve far better than political theatre. They deserve an asylum system that makes decisions promptly, removes people who have no right to remain, tackles criminality and treats people fairly. They deserve effective enforcement and value for taxpayers’ money. That requires practical solutions, competent administration and legislation that works. It requires a Government who will get on with the job rather than pretending that one grand gesture can solve everything.

A practical example is the Brook hotel in Bowthorpe just outside my constituency: it opened under the previous Conservative Government and closed under a Labour Government. That is what effective management of the asylum system does when a Government are serious, instead of making large grand gestures.

The convention is not beyond reform—there is so much we are doing and so much more to be done—but leaving the convention altogether would be a much wider step than reforming how article 8 is applied. We have already heard about the impact that would have on the Northern Ireland peace agreement. We cannot just singly pull ourselves out of the ECHR.

Sadly, the Conservative party that we all knew when growing up is no longer with us. The action that we are taking in government is what we must do.

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Kieran Mullan Portrait Dr Mullan
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It is around one in four. It was 80% in the country I referenced, which is significantly more. The equivalent figure for this country is much, much too high—I would want it to be zero—but that makes the exact point, which I think the hon. Member did not want to draw out, that those countries are worse than we are. We should not be importing large quantities of unvetted young men from those cultures without a proper way of dealing with that. We do not have a way of doing that.

The Government inadvertently admitted that, as they have had to actively tell those people not to rape women. That is because they know the things I have said about the differences in attitudes towards women in many of those countries. The question is: what do we do about it? I am clear that it should be up to us to decide who comes here from what countries and on what basis. We should decide asylum policy—not the people smugglers—and the routes on which people come. The Conservatives have been clear and admitted that we should have been quicker in bringing in our own deterrence policy, but we are committed to doing that now and have a plan for it. That is what actually counts.

The only country that has successfully dealt with this issue is Australia. It saw a decrease of more than 90% in the number of people crossing the sea and entering illegally by saying, “If you come here illegally under that method, you don’t get to stay—end of story.” That worked, and we should do exactly the same thing. The Government like to talk about the failure of the Rwanda plan and the four people sent as volunteers. They know that those people went voluntarily. It is clearly not a deterrent if someone goes voluntarily, but we were never allowed to use the scheme as a deterrent to deport people whether they wanted to go or not.

The Government can do everything they want to reform and tweak the operation of human rights laws in this country, but there are two ways in which that approach is fundamentally flawed. First, it does not matter if a claim can be successfully rejected if someone cannot be deported to the country they came from. It is completely futile. Unless the hon. Member for South Norfolk (Ben Goldsborough) thinks that we will deport people en masse to Afghanistan or some other third world, war-torn country, clearly, whatever we might want to do around the validity of their claim is worthless if we cannot send them to another country or back to the country they came from. Secondly, we have talked about the nature of the claims and how we might tweak them. The European Court of Human Rights is a precedent-setting Court. If it makes a ruling and sets a precedent, ultimately, that will hold sway.

I asked the hon. Member for South Norfolk to comment on article 3, which he failed to do. That is just one example of how the European convention on human rights has become totally distorted. Article 3 was originally envisioned to prevent people from being deported to a country where they might face torture. That was the aim of the article. It is now used to say that when someone comes to our country and commits horrendous crimes such as rape, but they have a psychiatric illness, it is torture if the country we seek to deport them to does not have adequate healthcare provision. Under article 3, that is not allowed. Who can reasonably argue that that was envisioned by all the people the hon. Member referenced when they created a set of rights which, at the time, were appropriate and applied appropriately? Does he really think that those people envisioned that, 50 years later, that would mean we could not deport a rapist because he would not get adequate healthcare in the country that we were deporting him to?

The article has been totally distorted from its original purpose, and the question of whether we can operate a safe and decent framework of rights in this country without the use of the ECHR is quite clearly scaremongering. Canada manages it, New Zealand manages it, Australia manages it. They all manage to have a framework of rights and international agreements, and that includes Canada, which is seeking a closer relationship with the EU, which is not part of the ECHR.

Ben Goldsborough Portrait Ben Goldsborough
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What solution would the hon. Gentleman come up with? It has been stated by the Republic of Ireland Government and Governments around the world that by pulling out of the ECHR, we would be fundamentally undermining the Good Friday agreement, which means that we cannot operate a safe country and borders.

Immigration and Asylum Bill (Third sitting)

Ben Goldsborough Excerpts
Anna Turley Portrait Anna Turley
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I hope the hon. Gentleman has seen the revised impact assessment, which now has a green flag.

Let me set out some of the reporting avenues that are already in the Bill. At the end of each financial year, the authority must produce an annual report on the exercise of its functions and any other information as directed by the Secretary of State. The chief inspector of UK Border Agency will also produce a report once a year, and at other times if requested by the Secretary of State. The chief executive of the authority has a statutory duty to respond to that report and to send that response to the Secretary of State, who must lay it before Parliament alongside the report. The chief executive may also lay written representations on matters they consider to be of importance through the Secretary of State. There is a wide range of provisions in the Bill to ensure proper accountability to Parliament.

Let me pick up the questions asked by the hon. Member for Stockton West about the costs of the IIAA. Detailed plans are currently being developed, and full costs and affordability will be developed through the business case; I undertake to keep Parliament completely updated throughout the process. As I say, we will be developing that, and I will make sure that Parliament is able to scrutinise it in the fullness of time, but in terms of operational capacity and productivity, we should not be pre-empting this. A report prior to commencement is not appropriate; it is for the IIAA, once established, to undertake its reporting duties.

Amendment 87 seeks to narrow the scope of the public interest considerations to those that concern just effective immigration control and the “prompt removal” of those with no right to remain in the United Kingdom. While I have some sympathy with the objectives of the amendment, I am afraid that it cannot be accepted because it is far too narrow in its definition. The authority is an independent body—we have established that very clearly in the Bill—and one crucial part of the immigration and asylum system, not just an extended branch of immigration enforcement. The public interest spans the entire spectrum, and could include things that are not included in the amendment, such as public safety, operational impact and value for money. We do not want to lose those other factors by limiting the definition to effective immigration control and removal. It is important that we keep the scope broad.

Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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It is important to consider this—and this is why we must reject the Opposition’s approach—in the same way that we consider the police. We must ensure that the public interest covers a wide range of things; if we said it only concerned crime, we would end up in a situation where our police were not protecting individuals or running an effective constabulary in their area and were, in effect, letting down the rest of the country. Does the Minister agree?

Anna Turley Portrait Anna Turley
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My hon. Friend is absolutely right and makes a really good comparison with the police. The police are to some extent accountable to the Home Secretary, but she does not get involved in operational decision making. Our approach to the IIAA is similar: it is vital that we ensure that we have the wider public interest at the heart of it, because it will be a key part of the country’s nationality, immigration and asylum process.

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Anna Turley Portrait Anna Turley
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The process mirrors the existing first-tier tribunal, which reviews errors of law, so it is important to clarify that this remains the same and retains the same definition. It is only on errors of law that a process can be appealed; this does not narrow that process any further.

Amendment 85 takes a very different approach. It would prevent decisions of the authority from being appealed to the upper tribunal at all. I am afraid we do not consider that acceptable. We do not believe that the authority’s decisions should be entirely prevented from onward appeal. That goes too far in the other direction and denies the right of justice where there has been an error of law.

Removing the statutory right of appeal could potentially open us up to even more litigation, as appeals where there has been an error of law would end up going straight to that process without this important safety valve. The authority will make important first-instance decisions, and it is right that there should be a means of correcting a decision when an authority has made, as we have said, an error of law.

Ben Goldsborough Portrait Ben Goldsborough
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One of the main arguments that the Opposition spokesperson put forward was that the system would be too slow under the Bill. However, one key thing that was not mentioned was clause 9(4), which gives the Secretary of State the ability to expedite individual cases. Is it not the case that the Bill as drafted protects the individual’s legal right while also making sure that, when there are grotesque crimes against this country, we can expedite to give people the certainty they need that the system is fair and swift?

Anna Turley Portrait Anna Turley
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My hon. Friend makes an important point. The hon. Member for Stockton West suggests that any unsuccessful appellant could appeal to the upper tribunal and that it will just create another tier, but that is not the case. An appeal may be brought only on a point of law and permission must be granted first, so those safeguards are in place. Permission acts as an appropriate filter so that only cases raising an arguable legal error can proceed. The upper tribunal’s role is not to rehear the appeal simply because a party disagrees with the outcome. It is important to determine whether the law was applied correctly.

Another point about an error of law has been flagged, and I would like to clarify what that means. An error of law is a mistake about the law or its application, rather than a simple disagreement with the outcome or an administrative error. It may arise, for example, where the wrong legal test has been applied, relevant matters have not been considered, the process has been unfair or the reasons given are legally inadequate. The purpose of the review and appeal framework is to ensure that those legal errors can be identified and corrected. It is important that we allow the process to be clear, legally fair and balanced so that, where there is an error of law, that can be referred onwards.

Taken together, the provisions in the Bill strike the right balance. They support the finality and efficient disposal of cases while ensuring that errors can be corrected through clear and appropriate routes. The Government cannot accept these amendments, and I invite the hon. Members not to press them.

Question proposed, That the amendment be made.

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Siân Berry Portrait Siân Berry
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I agree about the growth in the backlog, but as I said earlier, the analysis is pretty clear that that growth comes from an increase in refusals as well as the increasing speed with which the Home Office is making decisions. To me, those two things go together. The increase in refusals is likely to represent an increase in mistaken refusals—refusals that should not have happened. We cannot get away with just looking at the proportions here, either. We have to recognise that this will result in a number of people being treated as badly as they possibly can be by a country in which they are trying to seek asylum, having already had to leave the country in which they would much prefer to stay due to human rights considerations that are not properly taken into account at the initial decision stage in 44% of cases.

Ben Goldsborough Portrait Ben Goldsborough
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Will the hon. Lady give way?

Siân Berry Portrait Siân Berry
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I have very nearly finished, so I will press on. At its heart, the IIAA fundamentally represents another ill-thought-through Government proposal to create a truncated legal process. It is part of the previous Prime Minister’s misconceived attempts to pander to the disturbing ideas of Reform UK and its even more unsettling offshoot, Restore Britain. We saw from Reform UK’s proposals yesterday that only standing up for asylum rights will do in the face of its politics, and that the far right of politics will never be happy with anything other than the total removal of asylum rights.

Meanwhile, measures like those in clause 1 of this Bill will prove impractical, expensive and ineffective in addressing the backlog, and they will hurt the most vulnerable people in the world. These proposals must be dropped, if not today then well before the Bill leaves the House of Commons. I will vote against clause 1.

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Siân Berry Portrait Siân Berry
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I will speak to amendment 66, about the appointments process to the IIAA, and amendment 67, about the legal qualifications and experience of adjudicators.

Under the Bill, the chair of the IIAA will be a Home Office appointee. The chair will decide the IIAA’s chief executive, who will then appoint adjudicators. By contrast, I believe that the leadership and decision-making roles in the IIAA should be decided by the Judicial Appointments Commission, the body that appoints judges. That would plainly and simply ensure independence from the Government and Parliament, which the Bill does not currently guarantee. We cannot risk leaving policies like this under the day-to-day political control of anyone in Government. Every safeguard must therefore be in place to make sure that this or any future Secretary of State cannot direct the outcome, prioritisation or disposal of these cases. My amendment 66 would fix that and make appointments to the IIAA the responsibility of the Judicial Appointments Commission, not Ministers or their appointees.

I will expand on some key points. According to the Bill, all members of IIAA, senior and junior, will be appointed either directly by the Home Secretary or by someone appointed by them. The chair of the IIAA, for example, will be appointed directly by the Home Secretary, and adjudicators will be appointed by the chief executive, who is given their role by the chair. The Home Office’s fingerprints will therefore be all over the membership of the IIAA, from top to bottom. As has been consistently clear, this Bill drags asylum appeals closer to the Home Office, risking the independence and fairness of appeals in a serious way. By contrast, tribunal judges, who currently hear asylum appeals, are appointed by the Judicial Appointments Commission, which is independent, with no direct input from Ministers.

Evidence has consistently shown over many years that Home Office officials face significant and sometimes inappropriate pressure to make decisions, including asylum decisions, in accordance with political goals. The independent chief inspector of borders and immigration found that that was the case as part of Operation Bridora in 2022, which was a Home Office strategy designed to speed up the processing of Albanian asylum claims. The chief inspector concluded that Ministers imposed an arbitrary and secret target on Home Office officials for only 2% of Albanian claims to be successful. In addition, in a report from the chief inspector this year, it was found that the Home Office was prioritising the quantity of decisions over their quality.

The Home Office’s institutional history is anathema to the independence and fairness that is needed. The ties between the IIAA and Home Office could impose political pressure on the IIAA to operate in accordance with Home Office preferences rather than law and facts. If Ministers are sincere about creating a truly independent appeals body, the safeguards to ensure independence should be robust and tried and tested. My amendment would make all appointments the responsibility of the Judicial Appointments Commission, not Ministers.

Ben Goldsborough Portrait Ben Goldsborough
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I understand the hon. Lady’s concerns about independence from the Government and other bodies, but many bodies across Government are involved in complex cases, such as in criminal law. For example, the Criminal Cases Review Commission is appointed by the MOJ to look into miscarriages of justice. Are we honestly saying that the IIAA would not have those same safeguards, in this case from the Home Secretary rather than the Lord Chancellor? Within the Bill, we are introducing a process that maintains independence while keeping accountability to Parliament, which will be vital in securing our constituents’ trust in a fair and transparent process for our immigration system.

Siân Berry Portrait Siân Berry
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The hon. Member is right that, sometimes, appointments of supposedly independent commissioners are made—I had experience of that recently in relation to equalities—but there is often a political element to the appointment and the direction they seem to take. We must always appreciate that and guard against it. Taking the appointments one step away from the Home Office may not completely remove the possibility of that, but the Judicial Appointments Commission is a robust body doing a similar job already and should have this role. That is what my amendment seeks to introduce. The Judicial Appointments Commission has two decades of experience in appointing independent judges, and I think it is the body best able to ensure the independence of candidates for adjudicators.

Immigration and Asylum Bill (Fourth sitting)

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Anna Turley Portrait Anna Turley
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I will give way first to the hon. Member for Mid Bedfordshire, then to my hon. Friend the Member for South Norfolk.

Anna Turley Portrait Anna Turley
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It is important that we maintain flexibility, as I said. The Bill provides distinct mechanisms for very broad categories of cases and for exceptional individual cases. We should retain that flexibility, so I am afraid that I disagree with the hon. Gentleman on limiting the approach of the Home Secretary in the Bill. Particularly, this is also about case-specific assessment. We want to allow the Home Secretary the opportunity to look at case-specific assessments, rather than being too defined.

Ben Goldsborough Portrait Ben Goldsborough
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Does the Minister agree that the problem with amendment 90 is that if we expedite everything, we expedite nothing? Having the clause as drafted—making this a precise move taken by the Secretary of State—ensures that those cases that our constituents know need to be expedited, will be. The broadbrush approach proposed by the Opposition would fail that completely.

Anna Turley Portrait Anna Turley
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My hon. Friend puts that perfectly, succinctly and clearly. I appreciate him saying that. This Government are absolutely clear that foreign national offenders with no right to remain should be removed as swiftly as the law allows. I have every anticipation—the Home Secretary has been clear—that in restoring order and control, they are exactly the kind of cohort that we have in mind. It is important, however, that clause 8 provides the appropriate mechanism for setting those time periods for groups of cases, clause 9 allows for individual cases to be expedited, and we continue to allow the Secretary of State to have that flexibility to respond to the public interest, rather than narrowing the measure to one specific cohort in the Bill.

Amendment 37 agreed to.

Amendment proposed: 90, in clause 9, page 7, line 21, at end insert—

“(7) The IIAA must expedite any appeal brought by a person who—

(a) is liable to deportation under section 3(5)(a) or (6) of the Immigration Act 1971, and

(b) has been convicted of an offence in the United Kingdom or elsewhere,

and subsection (3) applies in relation to such an appeal as if the Secretary of State had made an expedition request.”—(Blake Stephenson.)

This amendment would require the IIAA to expedite appeals brought by foreign criminals liable to deportation rather than leaving expedition to a discretionary request by the Home Secretary.

Question put, That the amendment be made.

Immigration and Asylum Bill (First sitting)

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Tuesday 15th September 2026

(1 month ago)

Public Bill Committees
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Tom Gordon Portrait Tom Gordon
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Vicky, do you have anything to add?

Vicky Tennant: I have nothing to add.

Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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Q Good morning, everyone. My question is to Eleanor. I think we can all agree that prevention is better than cure. In a passing comment just now, you mentioned transparency in supply chains being added into the Bill. As it stands right now, and if no action were taken, are we in a good enough position on transparency to tackle modern slavery in our supply chains?

Eleanor Lyons: The UK imports more than £20 billion-worth of goods every year that are at risk of being produced using forced labour. That is tomatoes you see in a supermarket that say they are from Italy but that are from China, or fish from North Korea. All our G7 partners have either introduced mandatory human rights due diligence or forced labour import bans into their legislation. The requirement in the Bill will ask businesses to report on forced labour in their supply chains, not to take action to prevent the harm from happening. We are hugely behind international partners in this space and we are at risk of becoming a dumping ground for the world’s goods that have been made with forced labour.

There is an opportunity to hugely enhance the measures in clauses 44 to 49 in part 5 of the Bill to turn it more towards mandatory human rights due diligence and to ask businesses to actually take steps to prevent harm from happening in their supply chains. That is something that businesses have been calling for. I worked with FTSE 100 partners last year and submitted work to the Office for Responsible Business Conduct. Businesses want this change, because they are being asked to do these things in other jurisdictions. When it comes to their supply chains, us being hugely behind in what we are asking them to do does not work.

Zubir Ahmed Portrait Dr Zubir Ahmed (Glasgow South West) (Lab)
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Q Ms Tennant, I represent Glasgow, which is one of the areas in the country with the highest need for asylum accommodation. We are a welcoming city and are proud of being so, but you can imagine that the welcome is being tested due to the infrastructure stresses that this is placing on us. You have a long and distinguished career in the United Nations and have seen when asylum housing and refugee housing works well and when it does not. Presumably, you feel that the confidence of the host community is in large part a determinant of that. In your assessment of what has been happening in Britain, particularly over the last decade, where do you think that that confidence level lies at the moment? Are you concerned that we are perhaps not in the place we should be in terms of people perceiving the rules-based order to be intact when it comes to asylum?

Vicky Tennant: I would certainly say that the issue of asylum accommodation and the way in which the reception of asylum seekers and support to asylum seekers are managed has contributed to a crisis of confidence. As I said, the objective of restoring public confidence through a fair and efficient system is one that UNHCR absolutely welcomes. A key element is the fact that asylum seekers have been accommodated for very extended periods of time waiting for decisions on their claims. Simply by virtue of that fact, the volume of support and accommodation required while people are not able to work has grown over the years. We are pleased that there is progress in that space. It is a hugely challenging issue to address.

However, alongside the work on how asylum support accommodation is provided in a way that fosters community welcome and community cohesion, the work on the system itself has to continue. That is certainly where UNHCR has brought our international experience to bear: we have really been leaning in and trying to work closely with the Home Office to see how we can have a system that is functioning more efficiently and getting decisions out more quickly, but also getting decisions right first time.

That is where we go back to the discussion around the appeals body. The most important lever that could be pulled is to improve and ensure the quality of first-instance decision making, such as by ensuring that there is a second pair of eyes on those decisions, so that we do not see cases going into the appeals system unnecessarily. At the moment, there is quite a high rate of cases being withdrawn by the Home Office from the appeals system. That should not be the case. There is also quite a high rate of first-instance decisions being overturned. Those are cases that ideally would not be in the appeals system in the first place. That work on efficient, quality decision making in the first instance is also critical, and it then plays into the issue of asylum support and the length of time that asylum seekers are hosted in the community.

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Tom Gordon Portrait Tom Gordon
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Q I am not asking for a set of statistics; I am asking whether the NCA saw an increase in trafficking and criminal activity as a result of changes to the routes that asylum seekers, refugees and others could undertake.

Helen Rance: Our work is on serious and organised immigration crime networks. I cannot be led to saying that they have increased due to specific measures, because a whole raft of factors make that happen. I am just not in a position to answer that.

Ben Goldsborough Portrait Ben Goldsborough
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Q The Bill seeks to dramatically increase the reporting by companies and individuals. At the National Crime Agency, you work with a plethora of different organisations across the United Kingdom. Do you believe that that increase in reporting will help you to find the illegal routes that are being used in the United Kingdom?

Helen Rance: Any increase in intelligence will certainly help the intelligence picture. It will allow us to identify vulnerable victims and help with the intelligence on organised crime networks.

Tom Gordon Portrait Tom Gordon
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Q Has the NCA ever received any evidence or intelligence? Has information been gathered from these gangs about their seeking to exploit the Government’s having previously changed the system and removed those overseas routes?

Helen Rance: I am sorry, but I just do not have that sort of information. You can rephrase the question again, but I am not clear that that is a matter for the NCA.

Immigration and Asylum Bill (Second sitting)

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Tuesday 15th September 2026

(1 month ago)

Public Bill Committees
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Zubir Ahmed Portrait Dr Ahmed
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I think it was either yourself or Professor Singer—

Jacqui McKenzie: Oh, the numbers—sorry. The number that I referred to as being small is the number of cases that the Home Office say will be refused under this new system, which I think is 11,700.

Professor Singer: It is 11,700, and the Home Office impact assessment estimates that 55% of those will, in any case, remain in the UK, because it is not possible to remove them back to their home country due to legal or logistical challenges. It is anticipated to have quite minimal impact in practice, so it is quite a significant legislative change to make for quite a limited impact overall.

Most of the public attention is focused on the issue of foreign criminals, for example, but the House of Commons Library briefing for the Bill indicates that, at present, only 3% of foreign criminal appeals are allowed on a human rights basis, whether under article 8 or otherwise. Again, the impact is quite minimal. The most significant impact that the changes to article 8 will have is on children and families. We will see more children without their parents and more separated families, and I think in quite unconscionable ways that will actually be quite upsetting for the public.

For me, setting out an interpretation of article 8 in domestic legislation does not change the meaning of article 8 as a matter of international law, and it does not change what the UK’s obligations are. Decisions are either in line with the UK’s obligations, in which case the legislation is not necessary, because the courts are already doing article 8 determinations themselves and doing their own balancing exercise on the basis of the existing legislation that we have, or they are more restrictive than the UK’s current legislation, which puts the UK at risk of not complying with its obligations under the European convention on human rights and the convention on the rights of the child.

Jacqui McKenzie: I agree with that. I think you are aware that the figure I referred to as being small was not the overall 77,000. What we think of the 77,000 is another matter; some of us might say even that is not a huge number of people, especially when we look at how long some of those families have been settled in the UK, and the reasons why some of them are still in the immigration system, when their parents and grandparents may well have been settled. It is this point about redefining what a family is and breaking families up that concerns me more than anything.

Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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Q One of the issues on which I think everyone will agree is the fact that we need to have a confidence-based immigration and asylum system. We need to have the public’s full support to ensure that it can continue. At the same time, we need a fair system—a system that supports those going through the actual application system or appellate system so that they feel like they are getting their fair day in court at the same time.

However, one of the issues that both of you have raised is backlogs, which we have seen increase under the Rwanda scheme and others. One of the concerns that many people have, especially my South Norfolk constituents, will be that the courts simply do not have the ability to keep up with the amount of casework coming to them. That is because we have a system that does not have enough clarity, especially on article 8. The Bill obviously has a goal and ambition to give clarity to the courts on that issue. Is that something to be welcomed?

Jacqui McKenzie: Possibly, but you are conflating some issues. The numbers for Rwanda are tiny, as most of the people who were carded for Rwanda have been granted asylum, so are not in the backlog at all. Article 8 will not really affect those sorts of people; it will affect families, and children, many of them born in the UK—as you know, under the British Nationality Act 1981, since 1 January 1983, you do not automatically become British by being born here.

There are people here in this country without any status whose families go back decades, for example families from the Commonwealth territories. That has happened for all sorts of odd reasons, usually because parents left children behind and brought them to the UK when they were over 18, so they had no status, and they then had children who have no status. In my practice, and those of many of the people in my jurisdiction who I have networked with, those are the sorts of cases we use article 8 for, and for which we see article 8 being successful. I do not think that anybody would want to see those families being removed from the UK.

Ben Goldsborough Portrait Ben Goldsborough
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Q Do you not believe that any clarity needs to be introduced in article 8? We have seen a number of cases where it should not have been applied, but because Parliament has not set out with clarity a legal structure to the judiciary, there can be some perambulation or wandering on what the interpretation should be. Is it not in the interest of such cases as those you highlighted, which you took forward and which needed to be covered by article 8, that the article has the full confidence of the public because they know it is being used for the right reasons?

Jacqui McKenzie: The Bill does not do that, though. If that is what you want to see happen, the Bill will not do that. Instead, we have this popular culture, mainly perpetuated through the media, around article 8. Every now and again, you get a story about somebody and their cat, or somebody who did not like chicken nuggets in Albania. First, those are very minor cases, and secondly, they are never the whole story. That is usually just one feature of a number of grounds on which someone has been granted leave to remain under article 8, but that is the one that the journalist sat in the back of the court decides to write about. Because that is happening, the public have a concept of article 8, but they do not understand it. It is our job, and the job of parliamentarians, to try to educate them.

Professor Singer: We already have quite a detailed domestic legislative framework around article 8, introduced in the Immigration Act 2014. That is very detailed and sets out in statute the different factors the courts should take into account. This Bill adds further complexity to that, and in many senses is more restrictive on interpretation. It does not add any clarity, as such. As I mentioned, according to the Home Office’s impact assessment, the impacts are expected to be minimal.

Paul Foster Portrait Mr Foster
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Q On that point, this morning, the Committee heard evidence from a KC, whose name I cannot recall, who said that the Strasbourg court has indicated that it thinks that the UK is not applying article 8 correctly, and is applying it too liberally—that was not his language; that is just the language I am using. He said Strasbourg thinks that the UK courts have gone too far with their application of article 8. You can see how confusing the issue is. Do you agree that there is great confusion around the application of article 8, and recognise that Strasbourg has indicated that the UK courts might not be doing so correctly?

Jacqui McKenzie: I have not heard the Strasbourg courts say that; I have no idea why they would be saying that.

Professor Singer: I have not heard that either.

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Zubir Ahmed Portrait Dr Ahmed
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Q On the spectrum of complexity in these cases, clearly, many of them are straightforward—like the one I was involved in—but there are others that have elements of complexity that are sometimes apparent, sometimes not. For the benefit of the Committee, could you lay out some of the safeguards that are in place to manage that complexity?

Daniel Flury: It is principally the judge’s role to manage the complexity of a case, obviously supported by legal representatives. In terms of the support that HMCTS can offer, we have a programme, which applies to all courts and tribunals, of reasonable adjustments that we offer appellants, claimants, defendants and so on. The rest is primarily provided through legal aid, legal representation and the judge safeguarding them in that case.

Ben Goldsborough Portrait Ben Goldsborough
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Q Many people have heard the old adage that justice delayed is justice denied. That is very obviously a situation that we are currently in within the asylum process, with the backlog having grown to the size that it has. In your view, do you believe that the Independent Immigration Appeals Authority will help us with that backlog and move that concentration away from, as my hon. Friend the Member for Glasgow South West said, some very qualified people—overqualified for what is needed—and into the hands of those who can efficiently deal with cases as and when they come up?

Daniel Flury: Well, it is certainly the intention that the new body will speed up appeals through the system, but I could not say. As Neal said, you would need to ask a Minister, or maybe the Home Office would like to offer a view.

Neal Barcoe: My short answer is yes—that is absolutely the intention and the systems are being designed to deliver it in that way. I do not know whether my Home Office colleague wants to add anything more.

Alison Hewett: Clearly, my responsibility here is to support the delivery, as laid out in the Bill. The IIAA will have ownership of its own procedural frameworks. Those will be set in train. We have quite a large transformation programme, and we are working very closely together, as my colleagues have indicated, because this is a whole-of-system effort. We will put mechanisms in place and, because it is an independent authority, the transformation programme will transfer its responsibility over to the chair at a certain point, once it is set up. From then on, the authority will establish its own detailed practices and processes.

I can say a little more about the statutory roles that will support that. There is a lot on the face of the Bill that is hardwired to protect the integrity of the overall system, provide justice and address, at pace, some of the issues that colleagues have already referred to.

Ben Goldsborough Portrait Ben Goldsborough
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Q That is brilliant, and it leads to the next part of my question. As you say, it is all well and good having speed and accuracy, but we also need to ensure that the systems are independent and have the ability to manage themselves without too much political interference. Could you expand a little on that? Schedule 2 to the Bill goes into greater detail on how much independence is afforded to the chair and other appointees, so could you expand on what, within the Bill, would achieve that independence when needed?

Alison Hewett: You mentioned the chair, and of the four statutory roles—the chair, the chief executive, the chief appeals officer and the PSO—the chair and the PSO will be independently appointed through the public appointments process. As the Committee will be aware, that is a standard process, and it will be the Home Secretary who makes the initial appointment.

It is important to note that the chief executive and the chief appeals officer are independent from the Crown, and that is hardwired into the Bill. They are employees of the IIAA, and the chief executive will be responsible and accountable for achieving the goal and aim of the IIAA, which is, as we have said, to increase efficiency while protecting the integrity of the decisions being taken through the adjudicators. He will be accountable to the chair and will ultimately be required to present annual reports to Parliament, and the IIAA will have to go through an annual review process undertaken by the independent chief inspector of borders and immigration. There are a number of mechanisms throughout the Bill that allow for that independence.

Ben Goldsborough Portrait Ben Goldsborough
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Brilliant.

Alison Hewett: Forgive me—the PSO is the professional standards office. My colleagues will be cringing as they listen to this.

Ben Goldsborough Portrait Ben Goldsborough
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Q That is always the way. It goes out of your head when you need it most.

You just raised an interesting point about parliamentary scrutiny and oversight. Comparing and contrasting the system we live under now with the proposed system under the Bill, would you say that it will give Parliament more tools to scrutinise the effectiveness of the system, in terms of reporting?

Alison Hewett: I am probably not best placed to comment from a delivery perspective. I can say that under the Bill, as the SRO, I will be required to deliver a programme that gives effect to these changes and requirements. It is probably for our policy colleagues and, potentially, Ministers to opine on that.

Matt Vickers Portrait Matt Vickers
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Q The Government say that the reforms will make the system go faster. What is the current average time from an unsuccessful claim, through appeal to final resolution, and what do the Government expect the average to be once these changes have been implemented?

Daniel Flury: It currently takes about 56 weeks for an appeal to clear the system in the first-tier tribunal, which is only going to worsen in the years ahead as more of the claims that have been sitting in the backlog for some time are concluded. It is even longer for appeals —that 56 weeks is all appeals. As to where we think it could get to, I do not think any of us could say yet, unless the Home Office wants to offer something. I think we can all agree that it needs to improve substantially, because 56 weeks is unacceptable in any jurisdiction.

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Siân Berry Portrait Siân Berry
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Q Do you have routes through to the people affected so that you could ask about the Bill’s provisions?

Bas Javid: Yes. On when we pick up feedback from people, particularly around the system, for example, one of the things that we recently rolled out is different apps and communication systems that we did not have before. We are much more on the front foot about contacting people at an early stage of a removals process, rather than later. When we do that, we feed back to our asylum colleagues any information or feedback relevant to assisting them to improve the process.

Ben Goldsborough Portrait Ben Goldsborough
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Q One piece of evidence that we were given earlier was that, as much as modern slavery legislation is a good thing for the United Kingdom, we have not necessarily been pulling our weight as we go forward. I am interested to hear from the panel, perhaps starting with the Minister, what progress you believe will be made by this Bill becoming law.

Anna Turley: It is good to have the opportunity to talk about the modern slavery aspect because it is something we are obviously proud of in this country. It is important to us and we are committed to ending modern slavery. As a Government, it is really important to us, but we want to ensure that we support and protect the processes that support and identify modern slavery victims. The number of modern slavery referrals has increased by more than 900% since 2014, which shows us not only the growing scale of identification, but its growing application in immigration processes.

We are very concerned about the number of late claims—it feels deliberately used to thwart returns. As we heard, a third of the failed removals involved modern slavery referral. Three quarters of those were raised between 3 pm on the day before removal and 6 am. We are keen that we give people the opportunity all the way through their experience to raise such concerns with us. Sometimes trauma and experience lead to a delay in reporting, but individuals going through this process have multiple opportunities to disclose exploitation from the moment they arrive, such as through contact with first responders—we have heard about them, and they are highly trained in identifying modern slavery—immigration enforcement, police, local authorities and NGOs. Those people come into contact with a vast range of individuals. We always encourage people to identify; we want people to identify the issue earlier in the process, as soon as possible, so that we can deal with it and not have it thrown in at the last minute as a means to thwart removal.

As I said, just to conclude, I am very proud of our record on modern slavery, but something definitely does not quite stack up for me when I read that the UK refers more victims than the whole of the rest of Europe combined. In 2023, the UK referred 17,000 victims of modern slavery, compared with 10,907 for the rest of Europe. That says to me that we care very passionately about this—we want to get it right—but that we must also ensure that we protect the integrity of the process as well.

Ben Goldsborough Portrait Ben Goldsborough
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Q Any thoughts from the rest of the panel at all.

Bas Javid: My starting point is, first of all, just to acknowledge that the national referral mechanism plays a vital role in safeguarding and supporting victims. That, even in an operational sense, is right at the forefront of my team’s training and focus. What we have seen increasingly, year by year, is what the Minister just referred to: some of the timings of the late claims. The statistic that I would share—I mentioned it before, but I will reiterate it—is that if we take just the year 2025 and all our charter operations, which is up to nearly 100 that year, one third of all the people we had to remove from flights were because of late claims. To give the context of an average case—I have case studies that I can speak to—there are a number of first responders, both statutory and non-statutory, with whom people have the opportunity to raise their claims, but they just do not do it. They do not do it for one simple reason: doing it late will absolutely thwart the process.

We have to make a very quick judgment on reasonable grounds, which in itself means you have to remove people from the process and obviously consider their grounds and case. More often than not, the reasonable grounds are not met, so you then go back and it is a waste of effort and cost. Operational dysfunction could be avoided by the improvements that are being made through the Bill.

Ben Goldsborough Portrait Ben Goldsborough
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Q I think that just follows on into my next point. Obviously the Bill is not just focusing on the individual; it is also taking action on businesses. This is quite important for South Norfolk, because we are a part of the country that is currently seeing a lot of speculation over solar farms, for example, and we know that we do not have domestic production of solar panels within the United Kingdom. There is huge concern in my constituency about modern slavery in the supply chains. What action in the Bill do you believe will help us to tackle that by introducing more accountability, responsibility and financial penalties for corporations that might have modern slavery in their supply chains?

Anna Turley: I am pleased that the Bill introduces financial penalties for people if they fail to comply with transparency requirements in their supply chains. For me, that is just one step, and I know that the Department for Business, Innovation, Science and Trade is in the process of conducting a review of responsible business conduct, of which modern slavery in supply chains is a key part. I look forward to seeing the evidence, and I hope that there will then be a strong lead on actions to drive out modern slavery from supply chains around the world.

Ben Goldsborough Portrait Ben Goldsborough
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Q Just to follow up on that, do you believe that compliance with existing modern slavery legislation will also improve because of the additional measures in the Bill?

Anna Turley: Yes. I noted that one of the witnesses said that compliance and enforcement was an issue, so I undertake to take that issue away and have a look at it. For me, the key thing is introducing the legislative framework so that we can then start with the implementation. It is important to get these measures through, working with DBIST, and to ensure that we are not only introducing the legislative framework, but enforcing it.

None Portrait The Chair
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I ask Members to be brief so that we can get everyone in, because we are running very short of time.

Immigration Policy

Ben Goldsborough Excerpts
Monday 9th March 2026

(7 months, 1 week ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Alex Norris Portrait Alex Norris
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On the deterrence point, as I have said, we are receiving applications at an unprecedented level, and at a time when our European Union counterparts are seeing fewer applications. There is an attractiveness to this country, which is why we are changing the protection package and carrying out record levels of enforcement against illegal working. Those are the changes we are making to break those pull factors to this country.

Turning to announcements, we would of course mean no discourtesy to the House, and the right hon. Gentleman will have heard the apology I made at the outset. However, we stated our policy in November, and what we are now doing is building it out.

Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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South Norfolk expects our immigration system to be fair, open and transparent. The one problem we have come across, unfortunately, is that there is a lot of confusion online, as has been expertly shown by the shadow Home Secretary today. Can the Minister clarify that the process we are looking at will save the taxpayer £20 million, instead of spending money to keep open asylum hotels?

Alex Norris Portrait Alex Norris
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My hon. Friend is exactly right. With regard to family returns, I hear from Conservative Members that they would rather pay a family with no prospect of staying in the country an average of £158,000 to stay in a hotel, rather than pay that £40,000. There are 150 families in the pilot; if we were to be successful with all of them, that would save the British taxpayer £20 million. I think we would be doing right by them in doing so.

Firearms Licensing

Ben Goldsborough Excerpts
Monday 23rd February 2026

(7 months, 3 weeks ago)

Westminster Hall
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Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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I beg to move,

That this House has considered e-petition 750236 relating to section 1 and 2 firearms licensing.

It is, as always, a pleasure to serve under your chairmanship, Sir Alec. I refer hon. Members to my entry in the Register of Members’ Financial Interests.

In preparing for today’s debate, I spoke with experts on both sides of this issue. I thank everyone who took the time to speak with me, including the petition creator, Lisa, the British Association for Shooting and Conservation, the Association of Professional Shooting Instructors, the Gun Control Network and a professor of criminology. I also thank everyone who took the time to meet me, and I thank the excellent staff of the Petitions Committee for their support.

Colleagues will be unsurprised to hear that strong views were expressed on both sides of the issue, but what impressed me most was the broad agreement that I found on the need for legislative reform and the need to ensure safety. I know that some hon. Members here today represent constituencies that have been touched by gun violence tragedies in recent years. I trust that everyone here will agree that we must be in full listening mode when hearing from those colleagues. We all want the best for our constituents; we all want to ensure that they are kept safe, and it is crucial that even when Members disagree, today’s debate is kept respectful.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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On that point, does the hon. Gentleman agree that it is vital that we consult fully the farming community? Shotguns are not just a sporting accessory; to farmers, they are an essential aspect of their life in order to control vermin, so will he ensure that the debate carries on? The last Government wisely decided not to proceed with this proposal. We have had separate legislation for shotguns and other firearms since 1920. That is really important for farmers, so the current Government should be very wary about proceeding with the proposal.

Ben Goldsborough Portrait Ben Goldsborough
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I thank the right hon. Member for his intervention. I will be addressing those issues in my speech.

We need to be clear on what today’s debate is about. We are discussing a specific policy point: a proposal to merge sections 1 and 2 of the Firearms Act 1968—in other words, to align licensing controls on shotguns with those that already apply to rifles. In introducing this debate, I will do my utmost to explore how we can protect the shooting industry and rural economy, tidy up and update the legislative framework, and ensure the safety of all our constituents. At its heart, the debate is about balance. It is about recognising the legitimacy of lawful shooting and the economic and cultural contribution that it makes.

Daniel Zeichner Portrait Daniel Zeichner (Cambridge) (Lab)
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My hon. Friend is making an excellent speech. I want to pay tribute to a stalwart of the British Association for Shooting and Conservation, Christopher Graffius, who died in his sleep last week. There were many issues on which we had different views, but he was extremely kind and helpful to me when I was a shadow Minister. He had a huge depth of knowledge and passion for the countryside and would have been following this debate closely. He was a true gentleman, and I hope that my hon. Friend will agree with me that we will all miss his kindness, integrity and fellowship.

Ben Goldsborough Portrait Ben Goldsborough
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That was excellently put by my hon. Friend. All of us who had the pleasure of spending time with Christopher send our heartfelt condolences to his family, because he was, as my hon. Friend rightly says, a gent.

We also need to ensure that we respond to the risk, protect the vulnerable and ensure that our laws reflect the reality of the world that we live in today, not the world as it was 60 years ago.

Let me begin by setting out clearly where we are. In the United Kingdom, there are about half a million gun owners—they are roughly 1% of the population—and about 90% use their firearms for leisure, for sport or for legitimate countryside management. The overwhelming majority of owners are responsible. The National Crime Agency has said that firearms certificate holders are highly unlikely to be involved in serious and organised crime. That important fact deserves to be stated clearly in this House.

The shooting sector is also economically significant. It contributes £3.3 billion a year in gross value added to the UK economy, generates £9.3 billion in wider economic activity and supports an estimated 67,000 full-time equivalent jobs. Those jobs are not abstract; they are jobs in rural pubs, hotels, small family-run retailers, manufacturing, tourism, land management and pest control. They are jobs that sustain rural communities and working people across our country. In my constituency of South Norfolk and those of many across the House, the leisure sector is not a lifestyle choice, but the backbone of the local economy. We must always be mindful that decisions taken in Westminster have real-world consequences in such communities.

At the same time, our legislative framework is undeniably outdated. Much of it dates back to the 1960s and, while amendments made since then, in particular after tragedies such as Dunblane, have strengthened safety, the overall framework has evolved in a piecemeal way. Such reforms, including the ban on handguns, were necessary and proportionate responses to unimaginable horror. They reflected the will of the public and the duty of Parliament to act in the interests of safety. I do not believe that anyone serious about public safety would suggest reversing those protections, but it is equally true that legislation cannot stand still, because the world does not.

Robbie Moore Portrait Robbie Moore (Keighley and Ilkley) (Con)
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The hon. Member is making some important points, but did he note that the Law Commission, in its 2015 report on firearms, did not recommend moving section 2 licences into the section 1 system? He references the points made to do with previous incidents, but the Law Commission was very clear in its 2015 recommendations to the Government of the time.

--- Later in debate ---
Ben Goldsborough Portrait Ben Goldsborough
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Later in my speech, I will address some of the reforms that I think are needed. There are pressures on 3D-printed firearms, amendments and adaptions; those sorts of issues are more pressing matters that we need to address, but I will come to them later.

In existing law, the distinction between sections 1 and 2 is clear. Under section 2, an individual may obtain a shotgun certificate and, once it is granted, may own multiple shotguns without specifying each individual firearm in advance. Under section 1, the process is more restrictive: applicants must demonstrate a good reason for owning each firearm; each weapon must be individually authorised; and use is generally restricted to specific land and subject to police oversight. That distinction reflects differences in use, tradition and lethality.

Fortunately, gun violence in the United Kingdom remains rare by international standards. In the year ending September 2025, 4,851 firearms offences were recorded in England and Wales, a 9% decrease on the previous year. That is welcome progress, but behind the numbers are still lives lost, families grieving and communities changed forever.

Olly Glover Portrait Olly Glover (Didcot and Wantage) (LD)
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Will the hon. Member give way?

Ben Goldsborough Portrait Ben Goldsborough
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I will continue a little.

In the year ending March 2025, 32 people were killed by shooting. When we look more closely at the figures, we see deeply troubling patterns. More than 60% of women killed with guns were shot using a licensed firearm. That statistic should give pause to everyone in the Chamber. It reminds us that the greatest risks often arise not from organised crime, but from breakdowns in systems that are supposed to protect people. Domestic abuse featured prominently in many of the conversations I had ahead of this debate. Firearms in the home can be used not only as weapons, but as tools of coercion and control. Their presence can deepen fear, make escape feel impossible and turn moments of crisis into irreversible tragedy.

We must also recognise the wider context. Mental health challenges are particularly acute in rural communities, and isolation, financial pressure and barriers to accessing services all play a role. Access to a lethal means during moments of acute distress can turn temporary despair into permanent loss.

Mark Garnier Portrait Mark Garnier (Wyre Forest) (Con)
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I should alert Members that I am the chairman of the British Shooting Sports Council. On that point about mental health issues, does the hon. Gentleman agree that medical markers on doctors’ records would be a perfect solution to that problem, rather than necessarily doing what is proposed in the petition?

Ben Goldsborough Portrait Ben Goldsborough
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I thank the hon. Gentleman; I think he has read a bit of my speech.

Technological change is introducing new risks. The conversion of blank-firing weapons and imitation firearms, and emerging technologies such as 3D printing, are changing the landscape of firearms crime. Such developments do not respect the boundaries of legislation written decades ago. We face a dual responsibility: we must protect public safety, and we must do so in a way that is fair, proportionate and grounded in evidence.

The petition before us, signed by more than 121,000 people, reflects genuine concern. Many petitioners fear that merging section 1 and section 2 licensing would increase bureaucracy, create delays and impose additional costs without delivering meaningful safety benefits. Those concerns are not just abstract; they reflect real frustrations with an already stretched licensing system. Many applicants experience long waits and many police forces face a capacity challenge. Will the Minister ensure that any proposed changes are accompanied by robust economic modelling, including of the potential impact on rural businesses, on employment and on participation?

Jamie Stone Portrait Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
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As Chair of the Petitions Committee, I can say that the hon. Gentleman is doing a damn good job of opening the debate. The Father of the House referred to farmers needing shotguns to control vermin. The crofters in my constituency have huge trouble with hooded crows, who come to peck out the eyes of lambs—no wonder they need their guns. I wish that Members from the Scottish National party were here today, because policing in the north of Scotland is a shadow of what it was, and the proposals would put an additional strain on those cops. They have not got the time to do all this.

Ben Goldsborough Portrait Ben Goldsborough
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I thank the hon. Member for that intervention.

Leigh Ingham Portrait Leigh Ingham (Stafford) (Lab)
- Hansard - - - Excerpts

Will my hon. Friend give way?

Ben Goldsborough Portrait Ben Goldsborough
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I am going to make some progress.

We must never fall into the trap of believing that good intentions alone are sufficient. Policy must be judged on outcomes. We must also recognise the distinct nature of different firearms. Shotguns and rifles serve different purposes, they have different characteristics and they are used in different contexts. Farmers and pest controllers rely on shotguns as tools of their trade. Any reform must recognise that reality and ensure that legitimate working use is protected.

At the same time, we can take clear and practical steps to strengthen safety without imposing unnecessary burdens. We can ensure that licensing decisions are informed by the fullest possible information, including appropriate engagement with medical professionals. We can strengthen safeguards in cases involving domestic abuse. We can modernise licensing systems, embracing digital technology to reduce delays, improve consistency and free up police time.

Edward Morello Portrait Edward Morello (West Dorset) (LD)
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Will the hon. Gentleman give way?

Ben Goldsborough Portrait Ben Goldsborough
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I am going to make some progress.

We can ensure that legislation keeps pace with technological change, closing loopholes before they can be exploited, and we can ensure that our approach is coherent, joined up and fit for the 21st century. Ultimately, this is not about choosing between safety and the rural economy; it is about recognising that both matter and deserve our attention, and that good legislation must deliver both.

In my constituency and constituencies across the country, people expect us to get this right. They expect us to listen carefully, act responsibly and put safety first while respecting lawful activity and rural livelihoods. This debate is not about ideology; it is about responsibility to victims, rural communities and the many thousands of people who participate in shooting safely and lawfully. Let us approach the issue in that spirit, seeking not easy answers but the right ones, not driven by fear but guided by evidence, and not choosing between safety and prosperity but delivering both. When we get legislation right, listen, and act thoughtfully and carefully, we strengthen not only public safety but public trust. That is our most important duty of all.

None Portrait Several hon. Members rose—
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--- Later in debate ---
Ben Goldsborough Portrait Ben Goldsborough
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This has been a brilliant debate, which is what our constituents cry out for. It has been measured in tone, with solutions and not just mud-slinging. A fair amount of social media clips will have been thrown in here and there, but that is just the nature of the beast.

Jerome Mayhew Portrait Jerome Mayhew
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Speak for yourself.

Ben Goldsborough Portrait Ben Goldsborough
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The hon. Member for Broadland and Fakenham (Jerome Mayhew) always needs to have the final word.

It is really helpful that we have put forward pragmatic solutions to an issue that we all care about deeply: the safety of our constituents and the United Kingdom. They are not just throwaway suggestions; they are grounded in facts and evidence, to protect both the rural economy and the lives of our rural constituents. I look forward to working closely with the Minister in the months ahead, when the review comes forward—in due course—to make sure that the policy lands in the best place possible.

Question put and agreed to.

Resolved,

That this House has considered e-petition 750236 relating to section 1 and 2 firearms licensing.

Oral Answers to Questions

Ben Goldsborough Excerpts
Monday 5th January 2026

(9 months, 1 week ago)

Commons Chamber
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Terry Jermy Portrait Terry Jermy (South West Norfolk) (Lab)
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18. What recent steps her Department has taken to help tackle rural crime.

Ben Goldsborough Portrait Ben Goldsborough (South Norfolk) (Lab)
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23. What recent steps her Department has taken to help tackle rural crime.

Sarah Jones Portrait The Minister for Policing and Crime (Sarah Jones)
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Rural crime is a scourge on our communities, and this Government are taking action to tackle it. We are improving the safety of rural communities through tougher measures on equipment theft and a crackdown on antisocial behaviour, farm theft and fly-tipping, backed by over £800,000 of funding for the specialist national rural and wildlife crime policing units.

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Sarah Jones Portrait Sarah Jones
- View Speech - Hansard - - - Excerpts

My hon. Friend speaks about a very serious crime, and we must go further. Last year, the Government announced a huge crackdown on cowboy waste operators in order to tackle fly-tipping. To support local authorities, our Crime and Policing Bill will introduce a power to issue statutory guidance on fly-tipping enforcement, and there will be a new five-year prison term for waste cowboys. We need to crack down on that crime.

Ben Goldsborough Portrait Ben Goldsborough
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Heritage crime is a huge issue in rural communities like mine. My constituency boast some of the jewels in England’s crown—Roman town Venta Icenorum, Wyndham Abbey and the wooden henge in Arminghall—which puts us more at risk of heritage crime. Will the Minister meet me to discuss how we can train scrap metal dealers to be more aware of the damage that it does, and how might we record the statistics more appropriately so that we can give police the resources they need?

Sarah Jones Portrait Sarah Jones
- View Speech - Hansard - - - Excerpts

My hon. Friend is lucky to have such wonderful places in his constituency. Of course I will meet him—this is a very important matter. We are supporting the work of Historic England on a number of issues to tackle heritage crime, but I am sure that we can go further, and I look forward to talking to him about it.