Border Security, Asylum and Immigration Bill

Christopher Chope Excerpts

Report stage
Monday 12th May 2025 Commons Chamber

[Dame Angela Eagle]

None of the changes that I have talked about in the new clauses will impinge at all on the criteria currently used to determine whether somebody has a need for protection under the refugee convention. Clearly, in certain circumstances that includes the reality of religious persecution in the homeland. I hope that reassures the hon. Gentleman.

Government new clause 8 redefines how the UK interprets the phrase “a particularly serious crime” for the purpose of excluding refugees from the protection against refoulement. Under existing arrangements, anyone convicted of any offence that attracts a custodial sentence of 12 months or more will have committed a particularly serious crime for these purposes. Those arrangements remain unchanged, but new clause 8 goes further and will mean that a particularly serious crime will now include individuals who have received a conviction for a sexual offence listed in schedule 3 to the Sexual Offences Act 2003. Importantly for these cases, the fact that a particularly serious crime has been committed will be a presumption that can, obviously, be rebutted by the individual in question so that they get a fair hearing.

Schedule 3 to the 2003 Act lists the offences that automatically make an offender subject to notification requirements, meaning that they have to notify the police of personal details annually, or whenever their details change. Failure to do so is a criminal offence and the system is sometimes known as the sex offenders register. The Government recognise the devastating impact of sexual violence on victims in our communities and are fully committed to tackling sexual offences and halving violence against women and girls in a decade. To achieve that, a broad set of the right powers must be available for authorities to tackle sexual crimes, bring perpetrators to justice and manage sex offenders.

[Sir Christopher Chope (Christchurch) (Con)]

I accept the wisdom behind this new clause, but will the Minister go further and comment on new clause 39, in the name of my right hon. Friend the Member for Gainsborough (Sir Edward Leigh)? That new clause is designed to put an end to another mischief affecting the non-refoulement rules; it would ensure that primacy was given to the torture convention and the refugee convention, and that it was not possible for the European Court of Human Rights to interpret the European convention on human rights in such a way as to exclude those provisions.

[Dame Angela Eagle]

I commend the hon. Gentleman for his creativity in asking that question when I am talking about this particular Government new clause. I think we had a debate in Committee on the amendment in the name of the Father of the House, and I certainly intend to come on to it later in our proceedings—hopefully, when he is here.

As part of our efforts to halve violence against women and girls, it is important that the small number of asylum seekers and refugees who have been convicted of particularly serious crimes do not benefit from protection status. Not only have they failed to respect the laws of the UK by committing sexual crimes, but they have undermined public confidence in the system. New clause 8 changes the law to deny refugee status to those convicted of the abhorrent crimes listed in schedule 3 to the Sexual Offences Act 2003, treating them with the seriousness they deserve and supporting our wider mission to halve violence against women and girls in a decade.

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No longer must people seeking asylum fall through the cracks of a system that does not provide them with the care and safety that they deserve. Let us ensure that every person who loses their life is counted, remembered and mourned and that we do everything in our power to prevent anyone else from dying because of this inhumane system.

[Sir Christopher Chope]

May I speak briefly to new clause 39, in the name of my right hon. Friend the Member for Gainsborough (Sir Edward Leigh)? He is unfortunately not able to present this argument himself, because he is attending a meeting of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe, and he asked if I would speak briefly in support of his new clause. I hope that I can encourage the Minister to expand a bit on whether the Government think that this is rather a good way of ensuring that the worst abuses in the courts system are avoided.

Essentially, my right hon. Friend’s new clause would give precedence to the non-refoulement arrangements in the refugee convention and in the UN convention against torture, but it would not allow the European convention on human rights and the interpretation of the European Court of Human Rights to extend beyond those provisions. That is very important, because fundamental to English law is the principle of equity. If people come here with clean hands and seek justice and our support, we should be keen to encourage that, but if people come here and abuse our hospitality or have already committed offences, we should get rid of them quickly. That is not very easy at the moment, because of how the courts interpret the European convention on human rights.

My right hon. Friend the Member for Tatton (Esther McVey) referred to new clause 14. The problem I have with it is that it does not go far enough. It talks about getting rid of or disapplying the Human Rights Act, but of only disapplying the interim arrangements of the European Court of Human Rights. We need to go much further than that, and I am slightly reluctant to be enthusiastic about the new clause.

One provision that I am very enthusiastic about, and which I am disappointed that the official Opposition will not call a Division on, is new clause 15. The shadow Home Secretary’s explanatory statement says:

“This new clause would prevent a foreign national who is convicted of any offence from remaining in the UK, as well as anyone who has been charged with”—

[Steve Barclay (North East Cambridgeshire) (Con)]

Does my hon. Friend recognise that there is an issue of democracy here? Successive Governments and Ministers have said that they want to toughen up the regime, but that is undermined by activist judges. That is a further reason to support the new clauses that he mentions.

[Sir Christopher Chope]

I agree with my right hon. Friend. If one wants a current example, there was a headline in The Daily Telegraph on 1 May that read, “Migrant spared prison after punching female officer”. [Interruption.] This was a fact—it was a court case in Poole in Dorset, not far from my constituency. A small-boat migrant who repeatedly punched two female police officers was spared jail. That is completely laughable, and on that I have the support of David Sidwick, Dorset’s excellent police and crime commissioner, who is trying to take this issue further. When people who have come here seeking our help and assistance abuse the system, and we indulge their presence, that brings the whole system into disrepute. I hope that the Minister will get much tougher on this issue, but sadly, the Bill seems to weaken the offence regime under immigration law, rather than strengthening it, as we should.

[Phil Brickell]

I am pleased to speak in support of the Bill, because for far too long, criminal smuggling gangs have operated with virtual impunity, ruthlessly exploiting men, women and children and putting their lives at risk for profit. That is why I am encouraged to see a Government being honest with me and my constituents. No more gimmicks. No more wasting £700 million on unworkable and fantastical Rwanda schemes. They are just giving our law enforcement bodies the tools and resourcing that they need to intervene earlier and act faster.

The Bill contains new offences targeting those who supply or handle boat parts used in crossings, with up to 14 years behind bars for those found guilty. It allows for the seizing of electronic devices, such as phones and laptops, to help gather evidence and disrupt operations, and creates a new interim serious crime prevention order, which allows immediate restrictions on travel, communications and finances, so that we can stop criminals in their tracks before they escalate their activity. I am particularly pleased about the £150 million going into the new Border Security Command, and further National Crime Agency officers working across Europe—including, importantly, through Europol. It is not rocket science, but the National Crime Agency has said that these measures will give it what it needs to disrupt smuggling networks and dismantle their business model.

Just as importantly, the Bill will put a stop to the Conservative party’s attempts to make us turn our back on the world. The fantastic trade deals that we concluded just last week with India and the US are vital recognition that putting Britain back on the global stage and tackling the gangs that are smuggling people into our country can go hand in hand. Crime does not respect borders, so it is quite right that we are prioritising strong international partners. I particularly welcome the new joint action plan with Germany and, through the Calais Group and the G7, the alignment of efforts across Europe to shut down smuggling groups, seize key equipment and bring gang leaders to justice.

New clauses 6 and 7 set reasonable timelines for first-tier tribunal appeal determinations. Those are important clarifications, given the damage done to trust in our immigration system by interminable proceedings and delays. Those new clauses will cut the asylum backlog and drastically save money for taxpayers. New clause 8 will, I hope, improve our approach to persons convicted of serious sexual offences, which my constituents have grave concerns about. It is right that foreign nationals who commit sex offences should not be able to claim refugee status in the UK.

The UK is a welcoming and open nation, and we need a sensible, fair and caring immigration system to support our key industries. I am pleased that the Government are making moves towards that, and I will be pleased to support the Bill tonight.