Illegal Migration Bill

Debate between Danny Kruger and Tim Farron

Committee stage
Monday 27th March 2023 Commons Chamber

[Danny Kruger]

The hon. Lady mentions Winston Churchill, who of course had no intention for the UK to sign up to the European convention. It is true that he sent some lawyers over there, but actually the original intention was for the UK not to sign up. There was no need for the UK to sign up to it. We did so, but at that time there were no rule 39 orders. There was no opportunity for judges, in the middle of the night, to issue these interim orders and stop UK policy. That was not the case then, and it should not be the case now.

Even substantive judgments, with which I accept we need to comply—Opposition Members are quite right about that—should not have the direct effect of halting removals. A substantive judgment against the UK would simply start a process of negotiation like the one we had after the Court ruled against us on prisoner voting. My amendment would put Strasbourg and the ECHR in their proper place: as a treaty partner, not a higher power or a superior lawmaker to the Parliament of the United Kingdom. Opposition Members seem to think that the ECHR has a power superior to the sovereignty of this House. I invite them to stand on that platform at the next election: by all means go ahead and suggest that this House is not sovereign.

I come not to bury the ECHR but to praise it. The convention is a noble document—as we know, it was written with the help of British Conservative lawyers—but really it just codifies the liberties enjoyed under English common law and statute. We should not have done so, but sadly we have put ourselves under

“the supervisory jurisdiction of the European Court”.

We should not be dictated to when it comes to the control of our borders. I challenge any hon. Member who thinks that the judges in Strasbourg have superior jurisdiction to that of this Parliament. My amendment would restore the proper balance of power.

The heart of the matter, and the reason passions run so high around the Bill, is what kind of country the UK is, or what we think it is. Opposition Members think that this country is a cruel, petty, small-minded small island that ignores its responsibility to the most vulnerable people in the world. That is what they think this country is, but our side of the House does not think so. We know that we have obligations to the world’s refugees and we are determined to fulfil them, but we think the first and foundational principle that defines the UK—the source and basis of all our generosity and our engagement with the problems of the world—is that we are a law-governed nation and that the laws that govern us are made here, in this building, by the representatives of the people. That is the principle that holds everything together. That is why Britain is respected abroad. That is the basis of our peace and prosperity, and our extraordinary history. It is why, directly or indirectly, so many people from other countries want to come and live here, whether they come legally or illegally—because we are a safe, prosperous, law-governed and sovereign nation. No human rights framework, no international convention, can dictate to us that we should tolerate illegality, let alone illegal entry to our country and all the privileges of residence here.

We need, with this Bill, to remember the people who sent us to this place and what they expect of us. They expect us to defend the interests and the values of the law-abiding citizens of this country, and to put the laws that we make here ahead of the interpretation of a foreign court. Statute is sovereign. Parliament is sovereign. The public expect us to have the courage to discharge our duty and take back control of our borders, as we promised we would when we left the EU. I believe the Bill will do that, with some strengthening. I know that the Government share my view, and I look forward to working with them ahead of Report to make the Bill watertight.

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a pleasure to follow the hon. Member for Devizes (Danny Kruger), with whom I agree about the source of human rights. Sometimes we need to have an arbiter, a human one, who will prevent us from being our worst selves, and I fear that the Government are being their worst self in this instance. I fear that the Bill, with its flagship title—no pun intended—will not stop the boats. I want to stop the boats, because every person who gets into a rickety boat on the French side of the channel and takes the risk of crossing it is a potential tragedy. We should all want those boat crossings to stop. However, I am convinced that the Bill will do nothing of the sort.

This Bill is dozy and it is dangerous. It is dozy because it will not work and will be counterproductive; it is dangerous for genuine refugees—we will not know who they are unless we seek to assess them in the first place—and it is dangerous for Britain’s reputation and therefore to our power overseas, soft or otherwise, thus undermining our sovereignty. It fails the moral test, not just because of the impact on those who seek sanctuary on our shores, but because it is based on a hysterical and bogus pretext. The context is important here, and so is the language. The fact that the Home Secretary and other refer to the UK’s being “swamped” by refugees is an outrage as much as it is totally and utterly inaccurate. In a league table of European countries, the United Kingdom ranks 20th among those taking refugees, per capita. It takes a third of the number taken by France, and a quarter of the number taken by Germany.

The bogus premise on which the Bill is based is set out clearly and obviously. Intelligent Conservative Members—and I am sure they are all intelligent—understand that, yet they continue to promulgate this nonsense. Nevertheless, language has consequences. Do Conservative Members not realise that when far-right protesters stood on the pavement screaming abuse at some terrified person fleeing persecution and simply awaiting an assessment, that was caused in no small part by the incendiary language used by politicians and people in the media? It is outrageous.