Nationality and Borders Bill

David Davis Excerpts

Consideration of Lords amendments
Wednesday 20th April 2022 Commons Chamber

[Tom Pursglove]

My hon. Friend is right to say that the evidence that we heard from the Australian representatives advocated the policy approach that was taken in that country. I would argue that the approach that we are taking in relation to these matters is important, too, and will help us to tackle this issue head on and help to disrupt the work of these evil criminal gangs.

On the reference to the screening process, I must go back to the fundamental point, which is that people will be relocated only if it is safe for them. That consideration will be taken in relation to every case, taking proper account of people’s circumstances. At all times, we will act in accordance with our obligations, through both the European Court of Human Rights and the refugee convention, and those obligations apply on the other side as well.

[Mr David Davis (Haltemprice and Howden) (Con)]

Will my hon. Friend give way on that point?

[Tom Pursglove]

I will give way to my right hon. Friend, but I am very conscious of the time.

[Mr Davis]

I will make this point quickly. Yesterday, the erstwhile Prime Minister made the point to the Home Secretary that any group identified as protected will then become incentivised to cross the channel, so, for example, if we say that families are protected, then that will create an incentive for families to cross the channel. How will my hon. Friend square that particular conundrum?

[Tom Pursglove]

I will not say any more over and above that which I have already set out this afternoon. Moreover, my right hon. Friend the Home Secretary provided further detail on this yesterday, and I refer the House to the points that she made.

This bespoke international agreement is in full compliance with domestic and international law. Rwanda is a state party to the 1951 refugee convention and the seven core UN human rights conventions, with a strong history of supporting refugees. My right hon. Friend the Home Secretary made it clear yesterday that this partnership is the type of international co-operation that we need to make the global immigration system fairer, keep people safe, and give them opportunities to flourish. This is just one part of the system-wide reform that we promised to deliver in the new plan for immigration.

The objective of the Rwanda partnership announced last week is to create a mechanism for the relocation of individuals whose claims are not being considered by the UK—the inadmissible—to Rwanda, which will then process their claims. However, in future, we may wish to extend eligibility for overseas processing to those who have otherwise abused the UK’s asylum system, beyond undertaking dangerous or unnecessary journeys. That is the intention of this measure, which will make it easier for us to remove those who have pending asylum claims to another country for their claims to be processed.

Let me remind the House—I have set this out already, but it bears repeating—that the powers set out in clause 28 via schedule 3 are not new. For nearly 20 years, it has been possible under UK law to remove individuals from the UK while their asylum claim is pending if a certificate is issued under schedule 3 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. The measure in the Bill amends existing legal frameworks to make it easier to remove such individuals without going through a certification process, provided the country to which they are being removed meets the safety criteria that we have set out in the Bill. It is important to bear in mind that the asylum system is already very expensive. At an annual cost of around £1.5 billion, it is the highest in more than two decades. Every day, the cost of the broken system on hotels alone is nearly £5 million. We therefore cannot accept these amendments.

I thank hon. Members from both sides of the House for their attendance at this important debate today. I urge them to consider that this Bill is what the British people have given us a mandate to deliver and to vote with the Government to send a message to the other place that what has been proposed is not accepted by this House. The Bill secures our borders, ensures that those who need our help will receive it and, as each of us here sincerely want, will save countless lives being risked crossing the channel each and every day when people traffickers realise that this is not a viable occupation for them any more.