Immigration and Asylum Bill (Tenth sitting)

Debate between Ben Goldsborough and Siân Berry

Committee stage
Thursday 22nd October 2026 Public Bill Committees

[Ben Goldsborough]

My hon. Friend makes an excellent point. As it says on the face of the Bill, deprivation has to be taken into account. Again, that reinforces the idea that the Government are putting forward a firm but fair immigration system.

[Siân Berry]

Does the hon. Member have any insight into the gap that I think the Minister left in the discussion on the last group, between claims that repayments will be affordable and what it says in the Bill, which is that it will only avoid destitution? Does the hon. Member agree that there is a gap between those two definitions?

[Ben Goldsborough]

What was really important in the Minister’s closing comments on that group was that this is obviously not something that is taken into account for our own constituents who have not sought asylum themselves. There is no definition of destitution versus poverty. What we need to do is have a fair system, not only for those that are seeking asylum, but for our constituents as well. We need to ensure we do not create this two-tier running that then undermines the confidence in the system that we need.

Subsection (2) makes it clear that provision covers support provided through several existing statutory routes, including sections 4, 95 and 95A of the Immigration and Asylum Act 1999, as well as accommodation in accommodation centres under section 17 of the Nationality, Immigration and Asylum Act 2002. That is an important foundation for a coherent approach. Asylum support is delivered through different statutory arrangements, and the Government need a framework that can operate across those routes rather than leaving gaps in the system.

Subsection (3) provides the power to require payments, while subsection (4) allows regulation to establish how those payments will be calculated, when they will be required, the timeframes for payment and how individuals will be notified. I welcome that approach, because effective reform requires more than setting out a principle in legislation; it requires practical machinery to implement the principle consistently.

Taxpayers rightly expect public money to be managed responsibly across our public services. We have to make difficult decisions about how resources are allocated and ensure that money is used where it is needed most. The asylum system should be no exemption from that. Where someone has received support at public expense and is subsequently in a position to contribute towards those costs, it is reasonable for the Government to have the power to require an appropriate payment. That is not about penalising people for seeking asylum; it is about recognising that the public support comes with responsibilities where an individual has the means to meet them.

Immigration and Asylum Bill (Ninth sitting)

Debate between Ben Goldsborough and Siân Berry

Committee stage
Thursday 22nd October 2026 Public Bill Committees

[Siân Berry]

One of my amendments would raise the level for repayments beyond mere destitution, which is wise in the circumstances, given some of the feedback we have received from support services, charities and local authorities.

The clause will also entrench inequality among refugees. Not all refugees applying for asylum in this country require support; some have managed to flee the circumstances that led to their needing asylum with some resources. In her letter responding to questions in the oral sessions, the Minister confirmed that

“around two in every five people awaiting an initial decision on their claim were in Home Office provided accommodation”.

She also said that some of them may have received accommodation in the past, but that figure is not a high proportion of refugees. The clause therefore targets the most vulnerable—those without the means to support themselves—in an already vulnerable population. The clause will apply only to those who use Home Office accommodation, but, given the randomness of the circumstances in which people become refugees, many come with skills from previous employment—jobs that have been torn away from them—and would be able to support themselves if they were simply allowed to work, as I propose in my new clause 24, which we will debate later.

I believe the whole clause needs to go, but I have also tabled targeted amendments with constructive measures to mitigate its impact. Amendment 81 would reduce payments if the Home Office’s decisions are delayed. At the moment, the main driver of cost in asylum support is delayed decision making, and sometimes poor-quality initial decisions leading to appeals. The Bill reflects neither that nor the detrimental impact that delayed decisions can have on people’s ability to find employment and thus make repayments. The amendment would require that, once someone has been awaiting a decision for longer than six months, or 180 days, the charge intended to be levied against them—the refugee tax—would decrease by 20% for every further 30 days that passed.

Amendment 81 is only fair, given that, according to the Home Secretary, the aim of part 4 of the Bill is partly to tackle the cost of asylum support. The Home Secretary must recognise that the drivers of those costs are delays in decision making and poor decisions. How long it takes to process a claim is not up to the individual, and delayed decisions will have a detrimental impact on their ability to find employment, integrate and make repayments. In some professions, continued practice is a condition of continued recognition in that role, so delays could have disruptive consequences on people’s ability to earn. The reduction in payments that the amendment proposes would also reflect those kinds of impacts.

[Ben Goldsborough]

One really important aspect of the Bill is the focus on avoiding destitution. This is not about asking people to pay a never-ending tax or preventing them from living and working in the UK. When they can afford to, they can pay back to the state. I would just like the hon. Lady to bear that in mind, because the system we are proposing is fair but firm.

[Siân Berry]

I am afraid I cannot agree with the hon. Gentleman. The evidence we have heard about the impact on people’s ability to integrate and on community cohesion has been clear. Amendment 81 in particular would be a good measure because it would incentivise the Home Office to reduce those costs and make decisions on time. It would also mean that people kept in the system for longer than necessary are not unfairly penalised for overly long decisions. That is the focus of the amendment. If the asylum claim took longer than six months because of the actions of the applicant, this would not apply—the amendment covers that as well.

On my amendment 76, as mentioned earlier, if the Government decide to go ahead with the payments, they cannot guard against destitution with their requirement. Poverty ought to be the defining measure. That would allay a lot of the fears of local authorities, which are nevertheless obliged to deal with the consequences of people being in poverty. It would also save money, reduce those impacts and be much clearer about what would happen. People are fearful that the word “destitution” is a very low bar. As defined in the Immigration and Asylum Act 1999, someone is destitute if they do

“not have adequate accommodation or any means of obtaining it”,

or if they have

“adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs.”

The Government’s definition of “essential living needs”, as set out in the Asylum Support Regulations 2000, is extremely minimal. As the Bill is drafted, individuals or families could be required to pay this charge, regardless of whether they are deemed to be in poverty, or even deep material poverty, if we are to use those definitions.

[Ben Goldsborough]

The hon. Lady is being very generous with her time. She said that if we changed definitions, it would save the state money. Could she elaborate on that and give evidence that that is the case?

[Siân Berry]

The evidence I have comes from local authorities that have given evidence to the Committee and are very worried that their obligations will be extended by this Bill. People will be driven into poverty by the Home Office taking this money away from the overall system in the local area. It would be useful if the Home Office told us where the money will be spent in order to alleviate that. I am not sure that the Bill sets out where the repayments are going to go, but the implication is that they will go to the Home Office, not to local authorities.

Amendment 76 would change the provision related to the repayment of asylum support so that people would not be required to make payments if doing so would leave them or their household impoverished. It also defines impoverishment as having an equivalised net income of less than 60% of the median—a fairly normal definition of poverty that is also the Government’s own definition for whether a household is low income.

Clearly, it is the Government’s intention to provide safeguards to ensure that people are not made destitute. This amendment would strengthen that safeguard on the face of the Bill so that people who fled war and have been granted protection are not plunged into deeper poverty, just as they are starting the process of rebuilding their lives and integrating into communities.

Finally, my amendment 79 is fairly pragmatic. It sets out that payments may not exceed the actual cost of supporting an individual. Currently, there is no link in the Bill between the level of the charge and the cost of support provided to someone. I would like to hear what the Government’s intentions are in setting out those charges. There is a broad power in the Bill and it would come through regulations. However, we need reassurance that no one could face a charge higher than the cost of the actual support they have received.

On Second Reading, the Home Secretary said that clause 23 creates a power

“that requires those who have received taxpayer-funded support to pay back a portion when they can.”––[Official Report, Immigration and Asylum Public Bill Committee, 13 July 2026; c. 678.]

The implication is clearly that this should not exceed the cost of being supported. Government amendment 124 would allow the Home Secretary to reduce the payments owed. It would be useful to hear more detail from the Minister about the criteria for applying the power to reduce the payments and about the cases in which they would expect the amounts people owed to be reduced. If the Government plan on reducing them, in line with the amendment, would they consider putting that on the face of the Bill?

Immigration and Asylum Bill (Seventh sitting)

Debate between Ben Goldsborough and Siân Berry

Committee stage
Tuesday 20th October 2026 Public Bill Committees

[Ben Goldsborough]

Will the hon. Lady give way?

[Siân Berry]

I am asking the Minister these questions, so it would be marvellous if we could wait to see how she answers them.

Thirdly, does that approach not allow the Home Secretary to unilaterally stack the deck against an appellant in an appeal, on an arbitrary basis? Does that take away from the objective seriousness of the offence that they have committed? Does the approach therefore impermissibly limit the ability of the appellate body to decide an article 8 ECHR claim on its merits, as is required under the Human Rights Act 1998?

Immigration and Asylum Bill (Sixth sitting)

Debate between Ben Goldsborough and Siân Berry

Committee stage
Thursday 15th October 2026 Public Bill Committees

[Siân Berry]

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]

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]

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.

--- Later in debate ---

[Siân Berry]

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]

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]

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.”

Immigration and Asylum Bill (Third sitting)

Debate between Ben Goldsborough and Siân Berry

Committee stage
Tuesday 13th October 2026 Public Bill Committees

[Siân Berry]

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]

Will the hon. Lady give way?

[Siân Berry]

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.

--- Later in debate ---

[Siân Berry]

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]

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]

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 (Second sitting)

Debate between Ben Goldsborough and Siân Berry

Tuesday 15th September 2026 Public Bill Committees

[Siân Berry]

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]

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.