Safety of Rwanda (Asylum and Immigration) Bill

Debate between Chris Bryant and Robert Jenrick

Committee of the whole House
Tuesday 16th January 2024 Commons Chamber

[Robert Jenrick (Newark) (Con)]

I rise to speak in favour of the amendments in my name and that of my hon. Friend the Member for Stone (Sir William Cash).

A single question—at least on the Conservative Benches—hangs over this debate: what works? It does not matter whether this is the most robust piece of immigration legislation that we have ever considered. That is not relevant. It does not matter whether this is a suitable compromise between this faction or that. That might be a noble aim, but it is not what we are here to do on behalf of our constituents today. What matters is whether this scheme works. Why does that matter? It matters because illegal migration is doing untold damage to our country. It is costing us billions of pounds. It is exploiting tens of thousands of people. It is leaving a trail of human misery across Europe, north Africa and beyond. People are drowning in the English channel and will continue to do so month after month. We must fix this problem. We in this House have the power to do so, and the responsibility is on our shoulders. The question is: are we willing to do it.

The current Bill does not work. The test of whether it works is not whether we can get a few symbolic flights off in the months ahead, with a small number of illegal migrants on them. The test is whether we can create the kind of sustainable deterrent that we set out to achieve— the sustainable deterrent that my right hon. Friend the Member for Witham (Priti Patel) set out to achieve when she secured this groundbreaking deal with Rwanda. It is the kind of deterrent that protects not just this country for generations to come from the scourge of illegal migration, but the whole continent of Europe. I can tell all right hon. and hon. Members that, having spoken to almost every Interior Minister and Immigration Minister not just in Europe, but in Egypt, Tunisia, Morocco and Turkey, they all ask, “When will you get this policy up and running? Will it work?” And they want it to work. They know that if we can create a sustainable deterrent, we will stop people coming, we will secure Europe’s borders and we will save lives. In an age of mass migration, this is one of the most important challenges that we face.

[Sir Chris Bryant]

I completely agree with the right hon. Gentleman about one thing: this Bill will not work. I do not think it will work if it includes the amendments that he has tabled, either. That is because he and I have come to a completely different position on the nature of the deterrence and whether it would work at all. It seems to me self-evident that there must be an enormous deterrent if you have to get in a tiny boat, risking your life as a pregnant woman with children beside you, having paid thousands of pounds to a vile, despicable people trafficker. What evidence does he have that this plan, this gimmick, is any more of a deterrent than that?

[Robert Jenrick]

If the hon. Gentleman were right, hundreds of thousands of people would not be making that very journey every year. Millions of people in the world want to make that journey. There are thousands of people in France seeking to pay people smugglers to come to our country. The only way we will stop that is if we break the people smugglers’ business model once and for all, so that it is clear beyond doubt that if people come to this country, they will be detained and swiftly removed to Rwanda or another safe country.

Where the hon. Gentleman is wrong is that he, like those on the Labour Front Bench, believes completely erroneously that we can arrest our way out of this problem. The National Crime Agency does not support them in that contention, and I have not seen any evidence that that will work. Nobody who has looked into this problem believes that the fungible and complex gangs that stretch across Europe and beyond, which import boats for next to nothing from China, Bulgaria and Turkey, can just be arrested out of existence. Everyone says the same thing: “Create a deterrent.” That is what the Rwanda policy does.

[Sir Chris Bryant]

Will the right hon. Gentleman give way?

[Robert Jenrick]

I will not give way again to the hon. Gentleman. Let me move forward and speak more directly to our amendments, because that is the purpose of today.

The amendments tabled in my name and that of my hon. Friend the Member for Stone are in four groups, two of which will be discussed today and two tomorrow. They seek to address the evident flaws of the Bill, and they represent the last opportunity for us to get this policy right. I shall speak directly to mine, and my hon. Friend can speak to the one that he leads on. Mine speak to individual claims. This is a point I have made time and again.

All my experience at the Home Office teaches me that every single illegal migrant who comes to this country will try every possible way to avoid being removed. We know that; that is what they do today. It is human nature that people would do that. We have to legislate for human nature, not against it. Every legal representative and lefty lawyer will try everything they can to support those claims. We see it every time, and experience teaches us that.

The Bill improves the situation; it makes it tighter, but in respect of only the general safety of Rwanda, not an individual’s circumstance.

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[Robert Jenrick]

On the hon. Lady’s first point, we have had this argument many times before, and she is completely wrong. This country is one of the world’s most generous countries in supporting those in need around the world. Since 2015 we have issued more than half a million visas on humanitarian grounds, more than at any time in our history. On her point about my amendment, it is not correct to say that we would not enable people to challenge on their individual circumstances; they could, but those challenges could not be suspensive. Individuals would arrive in the UK and within days—which is critical to the success of the scheme—they would be removed to Rwanda. There they could bring forward claims as they might wish, but it would not block the flights, and that is critical. Without that, the scheme will simply not succeed.

[Sir Chris Bryant]

rose—

[Robert Jenrick]

I will not give way to the hon. Gentleman.

The amendment also says there very narrow grounds on which individuals will not be put on flights, grounds that the Home Office is very used to dealing with through fitness to travel requirements. That is a concept that is well known and understood and I am certain it would work.

What does the amendment do that is different? It narrows down the reasons for which individuals could make claims and makes the scheme legally and operationally workable for the first time. We have tried to be constructive in tabling amendments. The Prime Minister set a test for me, and for anyone who shares my determination to tackle this issue, as follows: that he would accept any amendment, whether or not it strengthened the Bill, if there were respectable legal arguments in international law in their favour. We can argue about whether that test is the right one. Personally, I feel very strongly that there are times when contested notions of international law should not surpass either parliamentary sovereignty or, above all, the interests of our constituents, and border security and national security are the prime responsibilities of any Government. But that was the test, and we have met the test.

We instructed a very eminent lawyer, John Larkin KC, former Attorney General of Northern Ireland, to provide us with an opinion. The opinion says that each and every one of the amendments in my name and that of my hon. Friend the Member for Stone are compliant with international law. Unless the goalposts have been shifted by the Government, I see no reason why the Prime Minister and the Minister could not accept the amendments and enable us to strengthen this Bill once and for all.

In conclusion, at the outset I said there was one question hanging over this debate: what works? However, there is a further question: how much are we willing to do to stop the boats? How willing are we to take on the vested interests, balance the trade-offs and take the robust steps that will actually work? The only countries in the world that have fixed this problem, latterly Australia and Greece, have been willing to take the most robust action. Are we? I am. I want to stop the boats and secure our borders.

This is a difficult issue, but we are not a parish council struggling with some kind of intractable legal problem. We are a sovereign Parliament. The power is in our hands. We have agency. The law is our servant, not our master. I urge all right hon. and hon. Members to support the amendments in my name and the name of my hon. Friend the Member for Stone and create a scheme that works. That is what our constituents expect of us and that is the promise that the Prime Minister has made to them and the whole country.

Illegal Migration Bill

Debate between Chris Bryant and Robert Jenrick

Report stage
Wednesday 26th April 2023 Commons Chamber

[Sir Chris Bryant (Rhondda) (Lab)]

rose—

[Robert Jenrick]

I give way to the right hon. Gentleman.

[Sir Chris Bryant]

I am not right honourable, but I am grateful to the Minister for giving way. Let me take him back to the issue of people in Sudan at the moment, because he referred to brave officials from his Department who are out there. What is the advice being given where a family member has children under the age of 18, who, for all sorts of complicated reasons at the moment, may not be properly documented given the situation in Sudan? Will they be able to get on an aeroplane? Will they end up with some kind of determination having to be made when they get to Cyprus? What will be the situation?

[Robert Jenrick]

So far, we have been calling individuals and families forward in order of priority; those in Sudan should check the Foreign, Commonwealth and Development Office’s published advice to see that. There is discretion for Border Force officers where British passport holders, or those who have leave to enter the UK, present with minors and there is credible evidence that those children are their own, and this is so as to ensure that the family unit stays together wherever possible. That is the right approach. We have worked closely with Border Force to ensure that the group of officers we have in Sudan have the correct guidelines to operate that policy. To the best of my knowledge, we have not encountered any issues, but of course we are getting regular updates to ensure that that is functioning properly.

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[Robert Jenrick]

I will not give way to the hon. Lady.

The fourth serious issue that was raised, principally by my right hon. Friends the Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Maidenhead (Mrs May), was about our mutual desire for the good work they did in office to establish our world-leading modern slavery framework to live on, to continue supporting genuine victims—in particular, those victims of modern slavery who have been in the United Kingdom for a sustained period of time and who have been the subject of exploitation here, rather than in the course of their passage, whether in a small boat or otherwise. While it is clear that we will not be able to settle the matter today, I hope that my right hon. Friends —as they kindly said in their remarks that they would—will work with the Government throughout the continued passage of the Bill to ensure we get the balance right.

[Sir Chris Bryant]

Will the Minister give way?

[Robert Jenrick]

I will give way to the right hon. Gentleman—sorry, he corrected me earlier: the hon. Gentleman.

[Sir Chris Bryant]

My intervention is very brief: can I just suggest that the Minister does not move amendment 95? I do not think the House is in favour of it, and it will end up being removed in the House of Lords. It would satisfy both the right hon. Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Maidenhead (Mrs May)—who are nodding behind him—if he just did not move it.

[Robert Jenrick]

I am not going to do that, but I thank the hon. Gentleman for the advice. The amendment to which he refers enables the Government to ensure that those individuals who are the subject of a police investigation, or are participating in a police investigation with the aim of bringing their traffickers to justice, can have that investigation conducted in the United Kingdom, or—if it is safe to do so—can have their contribution to that investigation conducted while in a safe third country, such as Rwanda.

Points of Order

Debate between Chris Bryant and Robert Jenrick

Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

Further to that point of order, Madam Deputy Speaker. I am grateful to the hon. Gentleman for his point of order. I have always taken my responsibilities to the House seriously, and I continue to do so. He and I have corresponded on this issue, but he may not have seen the letter that I wrote to him yesterday.

[Sir Chris Bryant]

indicated assent.

[Robert Jenrick]

The hon. Gentleman indicates that he has read the letter. I am happy to read out a portion of it for your benefit, Madam Deputy Speaker, and that of the House, and perhaps, with the hon. Gentleman’s consent, I may put a copy in the Library of the House, which is what I did with my previous letter to him.

In the letter, I wrote:

“I clarified my remarks on the floor of the House in the debate on Illegal Migration Bill on 27 March and”—

in the letter that I had sent to the hon. Gentleman and placed in the Library—

“I expanded on that clarification in writing”.

The point that I was trying to make in the debate, which I appreciate is different from what the hon. Gentleman believes, is this. As I said in my letter,

“With regards to the backlog of 450,000 asylum cases—this is the assessment of the then-independent Chief Inspector of Borders and Immigration, as reported by the BBC and the Guardian. Iusb therefore believe it is a perfectly legitimate figure to quote, as then-Home Secretary John Reid did in the House of Commons on 19 July 2006.”

I hope that that clarifies the matter and corrects the record to your satisfaction, Madam Deputy Speaker.

[Madam Deputy Speaker]

I thank the Minister for responding at the Dispatch Box. It is obviously not for me to rule on different interpretations of statistics—

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[Robert Jenrick]

On a point of order, Madam Deputy Speaker—

[Sir Chris Bryant]

He is going to correct the record!

[Robert Jenrick]

I am indeed going to correct the record in one respect. My officials have helpfully told me that in regard to the written parliamentary question tabled by the hon. Member for Rhondda (Sir Chris Bryant), the Home Office did indeed provide the data requested. It is included in the table, the link to which was provided. I am told that there were instructions in the notes tab on how to use the filters appropriately. I appreciate that the hon. Gentleman got an A in his O-level maths, but perhaps he did not take ICT at that time.

Oral Answers to Questions

Debate between Chris Bryant and Robert Jenrick

Monday 16th November 2020 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

Tempted as I am to ask a question about tips again, I am going to ask about something completely different: brain injury. Acquired brain injury is a hidden epidemic in this country, and local authorities often have to bear the significant costs when somebody’s neuro-rehabilitation has not been able to be followed through. With covid this year as well, there will be many thousands of families who would dearly love their loved one to be able to live an independent life, but they need local authorities to be able to step up to the mark. Will the Secretary of State meet me and others who are interested in the subject to see whether there is a way to get better co-reliance among all the different agencies that work with people with brain injury, including people who have neuro-cognitive problems from covid?

[Robert Jenrick]

I would be delighted to do so. The hon. Gentleman has been a fantastic champion of this cause.

Oral Answers to Questions

Debate between Chris Bryant and Robert Jenrick

Monday 5th October 2020 Commons Chamber

[Robert Jenrick]

I thank my hon. Friend for his question. The requirement for pubs and some other businesses to be closed to the general public by 10 pm was designed to strike the balance of allowing people to continue to socialise while reducing social contact and minimising negative impacts on the economy. He will know that we do not take these decisions lightly. None of us would want that to continue a day longer than is necessary, and as with all measures, we will keep them under constant review.

[Chris Bryant (Rhondda) (Lab)]

Tomorrow.

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[Robert Jenrick]

My hon. Friend has been a doughty champion for Blackpool in his time in the House so far. It is absolutely right that Blackpool receives further investment to help it to continue to drive forwards. That is why I am pleased that it is a recipient of funding from the high streets fund and the towns fund. I look forward to announcing the outcome of both this autumn.

[Chris Bryant (Rhondda) (Lab)]

It is 232 days since Storm Dennis flooded many, many properties in Rhondda. A quarter of all such properties in the whole of the UK were in one constituency, Rhondda, and that is wholly disproportionate to the normal funding for the Welsh Assembly. It is 222 days since the Prime Minister promised my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones) that the money would be passported through to the local authorities from Westminster to Wales to pay for that. It is 97 days since the Prime Minister wrote to me to say that this was all going to be sorted out. It is 74 days since the Treasury said that it was going to sort this out. Yet we still have not had a single penny. Can the Secretary of State prove to be the best Minister of the lot and sort it out by the end of today?

[Robert Jenrick]

I am happy to take that up with my right hon. Friends the Chancellor and the Environment Secretary and revert to the hon. Gentleman with a plan.