Nationality and Borders Bill

Christian Wakeford Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Gareth Bacon]

I agree with my hon. Friend entirely. Having listened to the debate on the monitor in my office, I have to say that the tone and content of some of the speeches from the Opposition underline and reinforce why they are the Opposition and not the Government.

Analysis has shown that many migrants might actually be economic migrants and not genuine refugees. Without this Bill, our asylum system is in danger of being continually abused, so we must take steps, as my hon. Friend has just said, to protect our own borders. Part 2 of the Bill, which deals with asylum, is understandably vast, so I will focus on some specific points arising from it. It is remarkable that all claims made by asylum seekers are processed in a homogeneous way and that there is absolutely no distinction between those who have entered the UK legally or irregularly. Some 62% of applicants in the 12 months ending September 2019 entered irregularly.

It is surely common sense that those who have respected our laws and entered our country via legal routes should be on a different footing from those who have sought more clandestine access. Clause 10 will change things by allowing for such differentiation to occur while making the distinction that all genuine refugees will continue to be afforded the same protections under international law. This will in turn help to deter people from making dangerous crossings. Clause 26 will make possible removals to a safe third country while an asylum claim is being heard, further deterring activities that put lives at risk and, in several tragic cases, claim them.

Clause 41 in part 3 is a key part of the Bill, because it gives more powers to Border Force to meet the specific circumstances faced. The problem, as I have said, is severe. Not only are criminal gangs responsible for facilitating these crossings, but they show no signs of stopping and are growing ever more expansionist, using larger vessels and carrying more people.

Migrants crossing in small boats have thus far been intercepted and brought back to the UK to have their asylum claims processed. At present, enforcement powers do not extend to ships in foreign or international waters, and clause 41 would change that by giving Border Force the ability to require migrant vessels to leave UK waters and deter them from our shores. The clause also provides for controlling the vessel and returning it to a safe country—most likely in these instances where it originated from, so the northern beaches of France or Belgium, or any other country accepting disembarkation.

Those who oppose the Bill have claimed that by legislating in this way, the UK would somehow be acting in breach of the 1951 UN refugee convention. That is false. It is fully compatible with all international obligations and conventions. The 1951 convention allows for different classifications where a refugee may not have come directly from a country of persecution. In this instance, if migrants have already transited through a safe European country where they could have claimed asylum, their return is not inconsistent with the convention. Who here in this House would consider France, Belgium, Germany or Italy not to be safe countries? If someone had been in a country where they have seen the worst atrocities possible, they would be lucky to settle there.

[Christian Wakeford (Bury South) (Con)]

My hon. Friend has made a very important point about travelling through safe countries, but does he not agree that these asylum seekers are not just travelling through one safe country? They are very often travelling through many safe countries. Essentially they have a shopping trolley as to what they want in this economic migration, so the best way to deal with this is to do so up front and have a meaningful policy, which is what the Bill is here for.

[Gareth Bacon]

I do agree with my hon. Friend. It is a fact that people will travel, often by land, through several safe countries to get to the border of northern continental Europe, thereby to embark for Dover or other parts of southern England.

The simple truth of the matter is that between 2016 and 2019, the UK settled more refugees from outside Europe than any other EU member state. Similarly, safe and legal routes for those needing protection or to reunite with their families still exist. More than 5,400 family reunion visas were issued to partners and children, and more than 29,000 family reunion visas have been issued in the past five years. There have been claims that the Bill reduces support for victims of human trafficking, which would be shocking if it were true, but part 4 of the Bill actually strengthens protections for victims of human trafficking and will be supported by a package of non-legislative measures as part of the new plan for immigration to provide enhanced support for victims.

The public, including my Orpington constituents, want strong but fair border controls. The Bill is about creating a fairer asylum system, both for those who need aid and for the British public. It does just that, and I congratulate my right hon. Friend the Home Secretary and her Ministers on introducing it.

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[Christian Wakeford (Bury South) (Con)]

It is an honour and a privilege to follow my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds), who is clearly an expert in this field. If I remember rightly, his maiden speech was made during a debate on Syrian refugees.

I find myself in the unusual position, very early on, of agreeing with the hon. Member for Glasgow North East (Anne McLaughlin), in that I normally get about three minutes for a speech in this place, but that has gone up to four minutes, five minutes and six minutes, and we are now on eight minutes; I am afraid that my notes might not last that long.

I welcome the introduction of the new Nationality and Borders Bill. It is the cornerstone of the Government’s new plan for immigration and delivers the most comprehensive reform in decades to fix our broken asylum system. With this Bill, we are truly delivering on our manifesto commitment to the British people to take back control of our borders and put in place an asylum system that works for those in genuine need—and I do emphasis the genuine need aspect.

I want to take a minute to highlight some of the, quite frankly, disturbing comments from the Opposition Benches. I think in particular of the hon. Member for Leeds East (Richard Burgon) and the right hon. Member for Hayes and Harlington (John McDonnell), who called Government Members racist for wanting to look after our borders and the communities that we represent. Quite frankly, comments like that are abhorrent and disgusting. At some point, Mr Deputy Speaker, I want to speak to you about that, because in my view it is neither honourable, nor respectful of this Chamber, to be insulting Members.

[Joy Morrissey]

I find it interesting that Labour Members are not here today. They throw odd comments over the virtual airways, but where are they when this is an issue that matters so much to their constituents? Why are they not in the Chamber debating it?

[Christian Wakeford]

It is almost like they are creating another argument for the Online Safety Bill. They want to insult us via virtual participation, and then turn their screen off and hide away because they cannot deal with the arguments. What we are hearing is generally insulting and, quite frankly, wrong. We are truly representing the views of the people—the views of our constituents.

[Tom Hunt (Ipswich) (Con)]

Does my hon. Friend agree that when Labour Members point at us and imply that we are racist, they are also pointing the finger at millions of former Labour voters who actually agree with us on this matter?

[Christian Wakeford]

I could not agree with my hon. Friend any more; he puts it far more succinctly than I possibly could.

We also see the Opposition turning their back on the British people and the red wall all over again. We have had this debate many, many times, but unfortunately the Opposition are not listening—well, they are not here. What we are seeing is a paradigm shift whereby the Labour party no longer represents those working-class communities. It is no longer listening to those working-class voters. Thankfully, on this side of the Chamber we do listen.

There is also a particularly harmful argument that we have heard far too many times in the debate. It is about listening.

[Duncan Baker]

I am thinking of the clock entirely, but I would like to explore the serious point that my hon. Friend has just introduced on the allegation of racism. When people want to disagree with legislation that is all very well, but resorting to calling Members from another party racist simply because they want to control our borders and create a better system so that people can come here without risking life and limb is utterly wrong.

[Christian Wakeford]

I completely agree with my hon. Friend. We are seeing a party that wants to fight the deportation of foreign criminals but whose Members then insult their opponents and hide away by turning off their screens.

Let me return to my speech. Britain truly does have a proud history of providing a safe haven for those fleeing persecution and oppression. I know that because my own family have been part of it. During the second world war, my grandfather came home from university one day and saw his entire family, other than his twin brother, get shot. They fled during the war and ended up, of all places, in Tamworth, followed by Pendle and finally Keighley, before my grandfather passed on. People who have come here have been part of recent wars and recent refugee camps. They sought refuge in our country. We are a proud nation, a helpful nation and a compassionate nation. We will do what we can. That is especially the case in my constituency of Bury South, where, if people need help, we respond.

[Jerome Mayhew (Broadland) (Con)]

We have heard from the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) that there are between 25 million and 30 million asylum seekers worldwide, so demand clearly outstrips any possible form of supply. We should be having a debate about the number of legal asylum seekers within the process. Should it be 10,000, 20,000 or 40,000? There has to be some limit. If the focus of the argument were that, would it not be more sensible to shut down obviously illegal and obviously dangerous routes of alternative entry?

[Christian Wakeford]

My hon. Friend gets very much to the crux of the problem. I am not going to talk about what threshold is right or wrong, but I am going to talk about the fact that we are trying to achieve a fair system that helps those who are most in need. That is what we truly need to understand. Our communities are rich in their diversity because of immigration and because of the people we have been helping. I think again of the Syrian resettlement scheme, which we are proud of. In Lancashire we have taken thousands, and I am proud of us helping those most in need, but for far too long the system has been exploited by people smugglers, criminal gangs and asylum shoppers, who cheat that system. As we heard from my hon. Friend the Member for Ruislip, Northwood and Pinner, people are paying extra either to break into a lorry or to get into a boat to be shipped across. That is not the right way to try to seek asylum.

[Sir John Hayes (South Holland and The Deepings) (Con)]

That abuse is not limited to people smugglers. It extends to the so-called human rights lawyers who know how best to game the system and to activists who encourage people to claim asylum on all kinds of different grounds, and when they fail to claim again. The system is corrupted by those individuals who seek not to defend the interests of the most needy, which my hon. Friend has described, but to exploit those who will do anything to get into this country, legal or illegal.

--- Later in debate ---

[Christian Wakeford]

I thank my right hon. Friend for those meaningful comments. I was not going to touch on that matter, but it is an important part of the debate that again takes us to the crux of why we are trying to—[Interruption.] I get the feeling that another intervention is on the way.

[Jerome Mayhew]

May I elaborate on that point? As a former member of the Bar, I struggle to criticise members of the legal profession who use legitimate means to extend the stay of their clients, but that is surely an argument—a very strong argument—for exactly the terms of the Bill. It is not an abuse of the system to exploit it, so we cannot complain about that, but we need to remove those loopholes so that our legal teams properly represent their clients but it does not slow the system down.

[Christian Wakeford]

I thank my hon. and, perhaps, learned Friend for his further comments. As I said earlier, this goes to the heart of what the Bill is actually about. Some Opposition Members, in particular, may disagree with particular points. I say to them, “Back the Bill on Second Reading, and try to make the changes that you want to see in Committee.” They acknowledge that there is clearly a problem, but they do not want to do anything to fix it. It is almost as if they want to see us fail and want to see Britain fail, and that is absolutely wrong.

The way in which things currently operate is not fair to the most vulnerable people who are in genuine need of asylum, or to the British public, who unfortunately have to pay for it. We must help to ensure that refugees claim asylum in the first safe country they reach. The current trend means that we see refugees reaching a safe country such as France, Greece or Italy—indeed, countries in most of southern Europe—and then pressing on with their journey, paying people smugglers to help them into the UK illegally or falling victim to criminal gangs who exploit them. There was a reference earlier to the Jungle camp. We need only see what goes on there to realise that many of these journeys are life-threatening for many people, so we need to do what we can to prevent them.

In October 2020, a Kurdish-Iranian family tragically died when their overcrowded boat sank off the coast of France. Both parents drowned, along with their nine-year-old, their six-year-old and their 15-month-old baby. Every journey across the channel is life-threatening, so we absolutely need to take this seriously and do everything we can to try to prevent anyone from making that journey when it is not necessary.

Last month was the worst ever recorded for illegal crossings, more than 2,100 people having arrived, and I fear that that figure may be surpassed this month. Many of the people risking their lives to cross the channel are young men who are economic migrants and are denied legitimate asylum seeker status.

As Conservatives, we will protect those most in need and put the rights of those who respect the rules above those of the asylum shoppers who take our country for a ride. We need an asylum system that is fair to everyone—a system that prioritises women and children escaping wartorn countries and those fleeing unwarranted persecution, not a system that is openly gamed by economic migrants or exploited by people smugglers.