Nationality and Borders Bill

Debate between David Simmonds and Kim Johnson

Consideration of Lords amendments
Tuesday 22nd March 2022 Commons Chamber

[David Simmonds]

It seems to me that many of the criticisms that are levelled at the Bill are more matters of Home Office administration than of law. I was particularly grateful to my right hon. Friend the Member for Ashford (Damian Green), who is no longer in his place, for accepting my earlier intervention in which I sought to make the point that the Labour party has a long history of talking a very good game in respect of refugees and asylum seekers but of not honouring its promises to those individuals in practice. We need to make sure that we all accept the broad responsibility of support for refugees.

Given the shortness of time, I will confine my comments to three enormously important areas. Having sat through a lot of scrutiny of this legislation on the Joint Committee on Human Rights, I think there is a valid concern about the two-tier system. As I understand it, the case from the human rights lawyers who advise the Committee is that it would not be a matter for the Government to demonstrate that safe and legal routes were available in general; it would be necessary to show that each individual refugee had access to a safe and legal route but chose to come to the UK by another means. I know that the Minister is aware of that question and I would like to hear from him how the Government propose to address that concern, so that we can be confident that the two-tier approach will genuinely achieve what we want it to, which is to break the business model of traffickers.

That links to the wider issue that a number of Members have highlighted: we have yet to see the necessary practical proposals that demonstrate where those safe and legal routes will be. We know that the Home Office has invested an enormous amount in digital technology—that has been put to good effect in respect of Ukraine—so that people can make their applications abroad. There are a number of other ideas about how that might happen, and the response to Syrian refugees demonstrated that, through resettlement, we can do this better.

In my view, the situation demonstrates the importance of supporting the existence of the ability to process claims offshore. Although I agree with several Members that the Australian system is simply bonkersly expensive when applied to the UK, the ability to administer the application process outside the United Kingdom is critical if we are to make safe and legal routes work, so I very much support the Government in introducing it.

Having made the point that a lot of the issues are about administration, I hope that the Government are listening to the point about right to work. It frustrates me as a Conservative politician that taxpayers’ money is being spent on supporting people whose skills could be put to good use in our economy. The Home Office has made some helpful steps in that direction. I hope that the message from both sides of the Chamber tonight will be listened to and that we will see some movement on administration as the Bill moves towards becoming law.

[Kim Johnson (Liverpool, Riverside) (Lab)]

I rise to support the Lords amendments. The deeply draconian elements of the Bill have been called out time and again. It is appallingly racist and divisive legislation that deliberately seeks to strengthen hostile environment policies and willingly flies in the face of international law. We have heard repeatedly in this House and in the other place about how it will criminalise refugees who are seeking routes to safety, arriving on our shores against tremendous odds, and how it will create refugee camps on faraway islands—hidden from view, inaccessible and outside regular jurisdiction.

The Bill seeks to expand the powers of the Home Office to unprecedented levels to permit the deprivation of citizenship at the flick of a pen—a move that will undoubtedly discriminate against black and immigrant communities, further deepening the hostile environment that has already proven so damaging. It seeks to criminalise the very act of seeking asylum by inventing “illegal” routes to accessing our shores and seeking safety and protection, creating a two-tier system for refugees that breaks our obligations under international law and the refugee convention. The list of deeply cruel and inhumane policies goes on.