Illegal Migration Bill

David Jones Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. There are 14 people trying to catch my eye. The last two speakers spoke for 22 minutes and 19 minutes. If everybody contributes that far, not everybody will get in—it is up to you.

[Mr David Jones (Clwyd West) (Con)]

I am pleased to follow the hon. Member for Walthamstow (Stella Creasy). I have heard your strictures, Mr Evans, and I shall try to be as brief as I possibly can. I rise to speak in support of the amendments to which I am a signatory, and I will focus in particular on amendment 131, which has been the subject of so much of the debate this evening.

Illegal migration is a severe problem, and one that is causing increasing concern to constituents of most, if not all, hon. Members. Speaking from my own experience as the Member of Parliament for a semi-rural constituency in north Wales, many hundreds of miles away from the channel beaches, I can say that I receive more correspondence about this issue than virtually any other national issue. Over the years, the people of this country have shown themselves to be generous and welcoming to those who are genuinely in peril—that is borne out by the warmth of the welcome they have given in recent years to Ukrainians fleeing from Putin’s aggression, and to Hongkongers escaping China’s anti-democratic oppression. Equally, however, they are incensed by the rapidly rising influx of illegal migrants, who are themselves the pitiful currency of the loathsome trade of people smuggling. As such, the Prime Minister is quite right to make plain that stopping the small boats is at the top of his list of priorities, and this Bill is therefore highly welcome.

The Government have taken a robust approach to the problem, and that robustness will be highly welcomed by the people of this country, whose patience has been tried too, and beyond breaking point. There is a concern, however, that the Government’s perfectly proper aim of breaking the business model of the people smugglers might be frustrated by the human rights legislation that is routinely and, frankly, cynically abused by those who wish to degrade this country’s ability to defend its own borders and territorial integrity. In clause 1(5) the Government recognise that concern. That provision excludes the operation of section 3 of the Human Rights Act 1998, which provides that so far as is possible, legislation must be read and given effect in a way that is compatible with the European convention on human rights.

Excluding section 3 is itself a bold step for which the Government are to be commended, but given the severity of the problem, as Professor Richard Ekins and Sir Stephen Laws have pointed out, it remains debatable whether clause 1(5) alone will be sufficient to safeguard the Bill’s measures against cynical procedural attacks via the European Court of Human Rights. It is for such purpose that amendments 131, 132 and 133 are framed. Anyone doubting the need for such amendments should consider the case of N.S.K. v. United Kingdom, which has been referred to by my hon. Friend the Member for Devizes (Danny Kruger). To repeat, in that case a duty judge of the European Court of Human Rights made an order, on 13 June last year, granting an application for a rule 39 measure preventing the removal of an asylum seeker to Rwanda.

That order was made ex parte, without any opportunity for the UK Government to argue against it. Furthermore, the order was made after both the High Court and the Court of Appeal had rejected applications for interim relief. The Supreme Court in fact went on to refuse an application for leave to appeal. Remarkably, however, the rule 39 order was made the day before the Supreme Court announced its refusal, apparently contrary to the rule that domestic proceedings must be exhausted before applications to the European Court will be entertained. The position therefore is that the most senior judges in the land had considered the merits of the applicant’s case and found against it, yet a European judge made an order frustrating the removal of the applicant without considering the merits of the Government’s case and apparently contrary to the European Court’s own rules.

Interim measures are not strictly legally binding, but the European Court’s own jurisprudence, as has already been pointed out, asserts that any failure to comply with them amounts to a contravention of article 34, by hindering an applicant’s right to apply to the Court alleging a breach of the convention. The possibility—arguably, the probability—is that domestic British courts will feel constrained to act in compliance with interim measures and, indeed, to follow other judgments of the European Court, and that alone could prove fatal to the aims of the Bill. I do not believe that the Government or this House should allow that to happen.

Appropriate further safeguards should be introduced to the Bill to ensure its effectiveness, and it is for that purpose that amendment 131 was tabled. It would ensure that the legitimate and proper aim of the Government to protect our national borders is not frustrated. Put simply, the people of this country will not thank us if the Bill does not work, and there is a distinct danger, if the European Court is allowed, that that is precisely what will happen.

I believe that amendment 131 is absolutely necessary, and for similar reasons I support the other amendments to which I have put my name. It has already been pointed out that those amendments will not be pressed to a vote, but I very much hope that my right hon. Friend the Member for Newark (Robert Jenrick), when he winds up, will confirm that he will engage in dialogue with those of us who are concerned about the absence of those amendments and seek a way forward that will ensure that the Bill will work, which is what every hon. Member of this House should want.

[Olivia Blake (Sheffield, Hallam) (Lab)]

It is a pleasure to speak in this debate. I direct the House to my entry in the Register of Members’ Financial Interests, as I receive help from the Refugee, Asylum and Migration Policy project for my work in this area. I also co-chair the all-party parliamentary group on migration, so I have spent a long time thinking about these issues. I have taken a long look at our history, and it is interesting to hear us talk about Winston Churchill. I doubt that Government Members know that he crossed the Floor on the issue in 1904 to oppose the Aliens Act 1905 and lead a rebellion against it. He was quoted at the time talking about

“the old tolerant and generous practice of free entry…to which this country has so long adhered”.

Just to add some more spice to the discussion about the history of this place and our role within migration policy, it is important to recognise that.

I rise to speak specifically to my new clause 10, which I am pleased to say enjoys a wide range of cross-party support. I thank all Members who have engaged with me on this amendment. It is meant to be a serious contribution to the debate about the humanitarian crisis in the channel. However, I worry that that seriousness is not shared by everyone in this Chamber.

Since arriving in Parliament in 2019, I have tried not to become too jaded or too cynical, but I must admit that at times it has been difficult. Today, debating this Bill, is one of those times, because we have repeatedly been told that these proposals are about stopping the boats. The Prime Minister even had it printed on his lectern. To be clear, it is a moral outrage that people need to get in a blow-up boat, risking life and limb, to exercise their rights under the refugee convention to claim asylum here. We need a solution to this humanitarian crisis in the channel, but that is not what the Bill offers. Instead, it doubles down on the same failed hostile environment framework that has characterised the Government’s approach to asylum and migration. It is simply not working.

Since 2018, 56 people have tragically drowned in the channel—brothers, sisters, uncles, aunts and cousins to many families already in the UK—yet the number of dangerous crossings has risen, even after the Government’s Rwanda policy was announced, and that announcement in itself was deemed to be a deterrent. The Nationality and Borders Act 2022 has become law and people continue to make these journeys.

I am proud that my city, Sheffield, calls itself a city of sanctuary. The people I meet who support refugee rights often quote the lines of a poem called “Home”, by the Somali-British writer Warsan Shire:

“no one puts their children in a boat

unless the water is safer than the land”,

and,

“no one leaves home unless

home is the mouth of a shark.”

Those lines are important, because they explain why people attempt these crossings.

We have heard a lot of talk about families today. I regularly engage with and talk to asylum seekers and refugees in the system, whose family members are being persecuted because of them leaving the country. They have brothers who have been arrested by the police on spurious grounds, or their parents have sadly been murdered as a result of their identity. We really must shine a light on how the Government’s strategy is doomed to fail and, perhaps more importantly, why the success of that strategy would be a horror. The only way that the deterrence framework can work is if the hostile environment it creates is worse than what people are running from.

That is why I feel jaded. I do not think this is really about stopping the crossings and saving lives. These proposals are not about how people come here to claim asylum; they are about stopping people from claiming asylum at all. This is not about fairness. It is about populist electoral politics, throwing red meat to a section of hard-line, anti-refugee opinion. What better example is there than the cruelty of stripping away the modern slavery provisions of asylum seekers who have survived human trafficking? This legislation, as it stands, would persecute the persecuted and criminalise the victims of crime.

To be frank, I suspect there are some of the Conservative side of the House who think it is a good thing that the Bill violates the UN conventions on international human rights law. The Government’s credibility is so shredded that they believe the only route to future electoral success is to wage a culture war, gleefully reciting pre-rehearsed lines about lefty lawyers, while the situation of some of the most vulnerable people in the world gets worse and worse.

However, the Government could prove me wrong, and I give them that opportunity. A start would be supporting and looking into the proposals of new clause 10, which builds on the proposals of the PCS union and Care4Calais, two organisations working at the frontline of the crisis. It offers a practical solution to a humanitarian crisis in the channel by creating a safe passage visa. The visa would give entry clearance to those already in Europe who wish to come to the UK to make an asylum claim.