Immigration and Asylum Bill (Tenth sitting)

Blake Stephenson Excerpts

Committee stage
Thursday 22nd October 2026 Public Bill Committees

[Mr Paul Kohler (Wimbledon) (LD)]

Amendment 50 addresses the fact that, according to the clause, children will become indebted on their 18th birthday—we have heard an indicative amount of £10,000, but it might be more. Clearly, no child has contributed fiscally when they reach maturity to the benefits they have received from the state—be that benefits or education—but the clause is othering child refugees and seems wrong in principle and wrong in practice. I ask the Minister: does it apply to all child refugees who reach maturity while receiving asylum support? Does it apply to victims of trafficking, for example? This seems wholly wrong. As I say, if we want refugees to integrate, othering them in this way does no good whatsoever and simply fuels the frankly toxic debate in this country that refugees are somehow not part of our community. We need them to become part of our community. Othering them in this way does no good.

[Blake Stephenson (Mid Bedfordshire) (Con)]

It is a pleasure to serve under your chairmanship, Mr Twigg. This group is about who should be exempt from the duty to repay asylum support and when a debt should be cancelled. Five of the grouped amendments—four in the name of the hon. Member for Brighton Pavilion and one tabled by the Liberal Democrats in the name of the hon. Member for Wimbledon—would widen the exemptions or write off the debt. The Opposition take the opposite view, unsurprisingly. The exemptions in clause 23 are already too wide, which is why I tabled amendments 139 and 142.

Clause 23(6)(b) exempts anyone who

“started to receive asylum support before the day on which this section comes fully into force”.

That is not an exemption for support received before the law changes; it is an exemption for all the support that a person will ever receive before or after commencement. The Government tell us that about 97,500 people are receiving support and, as the Bill is drafted, every single one of them will be exempt for life. Between now and the commencement date, which the Government have not yet given us—with appeals taking over a year, the first charges under this clause may be many years away—how many people will be exempt under subsection (6)(b)? Why not exempt only the support received before commencement, so that people already in the system contribute to the support they receive once the law has changed? When do the Government intend to bring clause 23 fully into force and levy the first charges?

Clause 23(6)(c) will allow the Secretary of State to exempt “any other description” of a person by regulations. The explanatory notes tell us that victims of modern slavery will be exempt. Under clause 50, those regulations will be subject only to the negative procedure. The Government’s reasoning is that exemptions do not disadvantage the people affected. They may not disadvantage the people exempted, but they certainly affect the taxpayer. A series of negative instruments could hollow out the scheme without a debate in the House. Which further categories do the Government intend to exempt, and why do Ministers not think that Parliament should be able to approve those?

Amendment 139 would remove subsection (6)(b), which is the exemption for everyone who started to receive support before clause 23 is fully in force. As I said, that will exempt around 97,500 people for life for the support that they receive, as well as anyone who enters support before a commencement date that nobody has given us. The Opposition’s intention is simple: people already in the system should contribute for the support they receive once the scheme is in force.

Amendment 142 would make regulations creating further exemptions under subsection (6)(c) subject to the affirmative procedure. The Government say that the negative procedure is enough because exemptions do not disadvantage the people exempted. That may be the case, but it certainly is not the case for the taxpayer, who is burdened with the cost. A series of negative instruments could hollow out the scheme, as I mentioned earlier.

Amendments 77 and 50 would exempt anyone who was under 21 or 18, respectively, at any time while they were supported, rather than those who were children throughout. That would mean that someone who arrived at 17 and was supported for years as an adult would pay nothing. We will oppose both those amendments.

Amendment 82 would exempt anyone granted leave after a successful appeal. Mr Featonby of the Refugee Council made the point for us. He said that

“the majority of people who will ever be in a position to even start to pay back that money are people who are going to go on to get protection.”––[Official Report, Immigration and Asylum Public Bill Committee, 15 September 2026; c. 32, Q53.]

Exempting those who win on appeal would remove a large share of the people who could pay, and would reward the cases that took the longest.

Amendment 78 would add exemptions for people over retirement age, recognised victims of trafficking, survivors of sexual or gender-based violence and domestic abuse, and victims of torture, rape or serious violence. Those are sensitive cases, and the Government have said that victims of modern slavery will be exempt. The right way to decide those exemptions is in regulations that the House has seen and approved, not by negative instruments that can hollow out the scheme, as I mentioned earlier. Which categories will the Government exempt, and will draft exemption regulations be provided before Report?

Amendment 80, tabled by the hon. Member for Brighton Pavilion, would require the Home Secretary to cancel a person’s liability upon death or permanent incapacity, when they reach 65, or 10 years after their support ended. There is a fair question underneath that. Student loans, which are the basis for the model that we proposed, are written off after a set period, but a 10-year write-off that starts when support ends would allow anyone to wait out the debt and simply not pay. The amendment is far too wide, and we will oppose it. Do the Government intend to have any write-off period at all, and if so what?

Finally, the Opposition will oppose amendments 77, 50, 78, 82 and 80. The clause already exempts everyone now in the system for life and allows further exemptions by negative instrument. Amendment 139 would close the first gap and amendment 142 would close the second. I will press amendment 139 to a Division.

[Joe Robertson (Isle of Wight East) (Con)]

It is a pleasure to serve under your chairship, Mr Twigg. I will speak briefly about two of the exemptions to requiring someone to make a payment for their asylum support. They have been referred to already; they are in clause 23(6)(a) and (b).

Subsection (6)(a) states a person is exempt for the purposes of this section if they

“were under 18 at all times at which they received asylum support”.

I accept that if someone was a child throughout the entire period they received asylum support, they would be fully exempt, but I think I disagree with the hon. Member for Brighton Pavilion on an interpretation point. That is the problem with the Bill; it is badly drafted and unclear in places. If someone under the age of 18 was receiving asylum support, then turned 18 and sought it afterwards, they would not be exempt—of course not, because they also received asylum support as an adult—but one would assume that they would not be charged for the portion of time that they had received asylum support while under 18. The Minister needs to clarify that point, but giving clarity in Committee is not sufficient when it is unclear in the legislation. She would do better to clarify it in the legislation.

The second exemption I want to briefly refer to, as the shadow Minister has, is subsection (6)(b). It gives an exemption to someone who

“started to receive asylum support before the day on which this section comes fully into force”.

As a counterpoint to what I just said, I do not understand why, if someone received asylum support for a year—let us say; typically it is a lot longer—and day one was before this section came into force, but day two and 364 of the 365 days were after it came into force, they would be exempt from making contributions for their asylum support. They would receive the vast majority of that support after the legislation comes into force, so I would have thought it a fairly obvious pro rata exercise to say that they do not pay for the portion of time they spent receiving support before the law was in place— I take the point that we do not have retrospective law in this country—but they do thereafter.

It makes me wonder whether my understanding of the child-becoming-an-adult element is wrong. The Government need to be clear about whether a pro rata approach is being taken when a child becomes an adult. If so, why is that not being applied when someone starts receiving support before the Bill comes into play and continues to receive support after? I hope the Minister can give us some clarity.

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Division 48

Question accordingly negatived.

Ayes: 3

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Conservative: 3

Noes: 10

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Labour: 8
Green Party: 1
Liberal Democrat: 1

[Blake Stephenson]

I beg to move amendment 140, in clause 23, page 22, line 13, at end insert—

“(7) This section may not be brought fully into force until the Secretary of State has published and laid before Parliament—

(a) a draft of the regulations which the Secretary of State proposes to make under subsection (4), and

(b) an estimate, for each of the first five years after this section comes fully into force, of—

(i) the number of persons expected to be required to make payments under subsection (3),

(ii) the sums expected to be recovered, and

(iii) the cost of administering the requirement to make payments and of collecting those payments.”

This amendment would require the Government to publish its draft regulations for the asylum support repayment scheme, together with an estimate of how many people will pay, how much will be recovered and what the scheme will cost to run, before the scheme is brought into force.

[The Chair]

With this it will be convenient to discuss the following:

Clause 23 stand part.

Clause 24 stand part.

New clause 62—Asylum support payments: annual report—

“(1) The Secretary of State must, for each financial year beginning after section 23 comes fully into force, prepare and lay before Parliament a report on the exercise of the power in section 23(3).

(2) A report under subsection (1) must set out, for the financial year to which it relates—

(a) the number of persons required to make payments under section 23(3);

(b) the total sums required to be paid;

(c) the total sums recovered, including sums collected by HMRC under regulations made by virtue of section 24(4);

(d) the total sums written off or treated as irrecoverable;

(e) the number of persons exempt by virtue of section 23(6), by description of exemption; and

(f) the cost of administering the requirement to make payments and of collecting those payments.

(3) A report under this section must be laid before Parliament within six months of the end of the financial year to which it relates.”

This new clause would require the Government to report to Parliament each year on how many people have been charged for asylum support, how much has been charged, recovered and written off, how many people are exempt, and what the scheme costs to run.

[Blake Stephenson]

Clause 23 gives the Home Secretary a new power to require people who have received asylum support to pay towards its cost once they are able to do so. Clause 24 is the machinery that sits behind it. The Opposition supports both clauses, so my questions are not about whether clause 23 is right in principle; they are about whether, as drafted, it will recover anything at all—and when.

Amendment 140 would mean that clause 23 could not be brought fully into force until the Government have published and laid the draft regulations and a five-year estimate of how many people will pay, how much will be recovered and what the scheme will cost to run. That is not an obstacle to the scheme—it is the minimum that Parliament needs in order to judge whether it will work effectively. Will the Minister commit to publishing the draft regulations and those estimates before the clause commences? If she does, I will not press the amendment to a vote.

Clause 23(1) applies the scheme to anyone who has received asylum support and is not exempt. Subsection (2) defines asylum support. Subsection (3) is the core power: the Secretary of State “may” require payments. Subsection (4) leaves everything else to regulations. Subsection (5) provides that no one can be required to pay if it would make them destitute. Subsection (6) exempts people who were children throughout, anyone who started receiving support before the clause comes fully into force, and anyone else the Secretary of State specifies in regulations.

Clause 24 is the machinery that sits behind clause 23. It sets out how the charge can reflect support given to dependants, allows His Majesty’s Revenue and Customs to collect it, allows information to be shared with the Home Office for that purpose, and makes unpaid sums recoverable as a debt. Clause 23 is the principle, which we support; clause 24 is where we assess whether any money will actually be collected.

We agree with the principle, but the Government have not provided the detail that we expect. There is no amount detailed in the Bill. There is no threshold. There is no repayment period. There is no collection model. All of that is left to regulations that we are yet to see. If our new clause 37 to the Border Security, Asylum and Immigration Act 2025 was not developed enough for primary legislation in March 2025, I invite the Minister to explain what makes clause 23 in this Bill developed enough now.

The explanatory notes state that the power applies to those

“who have had their case concluded”;

but that condition is not in the clause. Can payments be required while a claim or appeal is outstanding from people with savings, for example, and how does that relate to the separate contributions mechanisms announced in November?

The Home Office says that the measure will ensure that refused asylum seekers

“take responsibility for the financial impact of their presence in this country”,

but a refused claimant who remains here unlawfully is not going to be paying through pay-as-you-earn. How much do the Government realistically expect to recover from refused claimants who stay? Why does the definition in clause 23(2) leave out section 98 of the Immigration and Asylum Act 1999—initial accommodation, including hotels—so that time spent there appears to be free of charge?

Subsection (4) allows regulations to provide for HMRC to collect amounts due. We believe that this is the correct model. It is how student loans are recovered—automatically, through the pay packet, once earnings pass a certain threshold. It is the model the Opposition proposed. However, subsection (4) is only an enabling power; it says that regulations “may” provide for HMRC collection. Under clause 50, those regulations will be subject only to the negative procedure, and the Government describe collection as a more technical and administrative matter. Has HMRC agreed to collect the charge? Will collection be through PAYE by default, as it is for student loans, and from what date will it happen?