Border Security, Asylum and Immigration Bill

Debate between Chris Philp and Peter Swallow

2nd reading
Monday 10th February 2025 Commons Chamber

[Chris Philp]

The right hon. Gentleman makes a very good point. The asylum grant rate in this country has gone up in recent months, and is high in comparison with some other European countries. That is obviously a potential pull factor for people considering a dangerous and unnecessary crossing of the English channel.

Let me say a word about the Bill in general before discussing its specifics. The Bill cancels the obligation on the Government to remove people who have arrived illegally. That is a shocking move. It creates a pathway to citizenship for people who have entered the country illegally, which will only increase the pull factor, and completely cancels any prospect of establishing a removals deterrent, which the National Crime Agency says is necessary.

[Peter Swallow (Bracknell) (Lab)]

How many people were removed under the previous Government’s so-called deterrent?

[Chris Philp]

The hon. Gentleman will be aware that the deterrent never even started. The first flight—[Interruption.] The first flight was due to take off on 24 July, but his Government cancelled the deterrent before it had even started. That was their mistake, and as a result illegal crossings have gone up by 28%. This is not a border security Bill, given the measures that I have mentioned; it is a border surrender Bill. It is a weak bill from a weak Government.

--- Later in debate ---

[Chris Philp]

The right policy for this country is for the Government, not people smugglers, to decide who comes into this country. Unlike this Government, we have a plan to deliver that. I point out to the hon. Gentleman that France is a safe country. There is no need to cross the English channel to flee war or seek asylum. France has a perfectly well-functioning asylum system.

When it comes to people who are genuinely in need, this country has a proud record. The Home Secretary referred—rather generously, I might say—to initiatives undertaken by the last Government. They include the Ukraine scheme, which allowed in 200,000 or 300,000 people; the resettlement scheme that welcomed around 25,000 Syrians from about 2015 to 2020; the provisions made for British nationals overseas who came here from Hong Kong, and the Afghan citizens resettlement scheme and Afghan relocations and assistance policy. That is the record of this country, and of the previous Government, on people who are in genuine need. But people—overwhelmingly single young men—leaving France, conveyed here by people smugglers, are not the people whose entry we should be facilitating.

Let me move on to the Bill’s provisions to repeal much of the Illegal Migration Act 2023. One such provision to be repealed, therefore depriving the Government of the ability ever to use it, is section 2, which created an obligation on the Government to remove people who come here illegally. Let me point out to those people who are concerned about genuine asylum seekers that section 2(4) of the 2023 Act makes it clear that the provision does not apply if someone comes directly from a place of danger. That is consistent with article 33 of the 1951 refugee convention, which Members will be familiar with. But people who come here directly from France—a safe country where no one is being persecuted, which has a perfectly well-functioning asylum system—should not illegally enter the United Kingdom.

The Bill will also repeal section 32 of the 2023 Act, which prevents people who enter the country illegally from gaining citizenship. By repealing that section, the Bill will create a pathway to citizenship for people who entered the country illegally, and I think that is unconscionable.

The Bill will also repeal sections 57 and 58 of the 2023 Act —a topic on which the Minister for Border Security and Asylum and I have had some correspondence—which concern scientific age assessment methods. Every European country apart from this one uses scientific age assessment techniques, such as an X-ray of the wrist, although there are other methods. That is important because quite a few people entering the country illegally who might be in their early or even mid-20s falsely claim to be under the age of 18, and without a scientific age assessment method it is very hard to determine their age. That creates serious safeguarding issues. There have been cases of men in their mid-20s ending up in schools with teenage girls, which carries obvious safeguarding risks.

A statutory instrument passed in early 2024—quite soon before the election—commenced the power to use those age assessment techniques. I really hope the new Government will use those powers and start using wrist X-rays, or other techniques, to ensure that people cannot falsely claim to be under 18. I would be grateful if the Minister could provide an update on that in her winding-up speech, because we would certainly support her work in that area. As I say, there is an important safeguarding element to this matter, as well as a migration element. I note that in repealing section 57 of the 2023 Act, the Government will no longer be able to treat as over 18 somebody who refuses one of those tests. There are some predating provisions in the Nationality and Borders Act 2022, but the provision being repealed is stronger, and in the circumstances that may be rather unwise.

There are various things missing from the Bill. We will table various amendments during its passage that will seek to introduce much stronger measures, but I want to point to two in particular now. The first addresses the fact that there is no mechanism in the Bill for a binding annual cap on legal migration.

[Peter Swallow]

Will the hon. Gentleman give way on that point?

[Chris Philp]

No—I have taken lots of interventions.

I think we can all agree that numbers in recent years have been far too high, and what is needed is a binding cap that Parliament can vote on, so that it can decide how many visas are issued each year. I believe the Prime Minister was asked about that and said he did not agree with it, but I think the Bill is an ideal opportunity to create that power for Parliament—for us, the directly elected representatives of the people—to vote each year on how many visas get handed out. Perhaps the Minister for Border Security and Asylum will execute a considered U-turn and embrace the suggestion I have just made.

On the topic of legal migration, the previous Government —in fact, I think it was my right hon. Friend the Member for Braintree (Mr Cleverly), the former Home Secretary, who is in his place—announced an increase to the threshold for dependant visas. It went up somewhat in April last year, and it was due to go up again this April to about £38,000. I would be grateful if the Government could clarify whether they will go ahead with that plan, which would, of course, control some of the numbers.

The second area that requires further legislation is indefinite leave to remain, which the Leader of the Opposition and I spoke about last week. Indefinite leave to remain, as the name implies, confers an indefinite right to reside in the UK and provides a number of privileges, including access to full benefits, social housing and pension rights. It is the Opposition’s view that it should be granted only if a person, having come here for work purposes, has made a genuine contribution—if they have earned more than they have paid in taxes, which we could measure by reference to a salary threshold. If, after someone comes to the UK to work, it turns out they have not worked and have become a burden on the taxpayer, or have worked for a very low level of wages, implying they are not making a net contribution, it strikes us as fair that they should not be granted indefinite leave to remain and that their visa should not be renewed.

Last September, the Office for Budget Responsibility published an analysis showing that migrants on low wages carry a lifetime fiscal cost to the rest of the taxpayers of £500,000. The Centre for Policy Studies recently published an analysis showing that the fiscal cost of those who might be granted ILR in the next four or five years will amount to £234 billion over their lifetime. We do not think it is reasonable for taxpayers to bear so high a cost for people who have arrived only relatively recently and have not made a significant contribution, so we will be tabling amendments to ensure that only those coming here on work visas who have actually made a contribution will be eligible for indefinite leave to remain. I would be grateful to know whether the Minister for Border Security and Asylum will support that measure.

The Government have presided over 25,000 illegal crossings since they came into office—a 28% increase on the same period 12 months ago—and have failed to remove 96% of the people who have crossed the channel. They scrapped the Rwanda deterrent before it even started, even though the National Crime Agency and their own Border Security Commander said that a deterrent is needed and we have seen it work in Australia. The Bill will cancel the Government’s obligation to remove people who have come here illegally, and we see the Government creating a path to citizenship for illegal migrants. This is a weak Bill from a weak Government, and that is why we will oppose it.