Immigration and Asylum Bill (Tenth sitting)

David Smith Excerpts

Committee stage
Thursday 22nd October 2026 Public Bill Committees

[Ben Goldsborough]

What was really important in the Minister’s closing comments on that group was that this is obviously not something that is taken into account for our own constituents who have not sought asylum themselves. There is no definition of destitution versus poverty. What we need to do is have a fair system, not only for those that are seeking asylum, but for our constituents as well. We need to ensure we do not create this two-tier running that then undermines the confidence in the system that we need.

Subsection (2) makes it clear that provision covers support provided through several existing statutory routes, including sections 4, 95 and 95A of the Immigration and Asylum Act 1999, as well as accommodation in accommodation centres under section 17 of the Nationality, Immigration and Asylum Act 2002. That is an important foundation for a coherent approach. Asylum support is delivered through different statutory arrangements, and the Government need a framework that can operate across those routes rather than leaving gaps in the system.

Subsection (3) provides the power to require payments, while subsection (4) allows regulation to establish how those payments will be calculated, when they will be required, the timeframes for payment and how individuals will be notified. I welcome that approach, because effective reform requires more than setting out a principle in legislation; it requires practical machinery to implement the principle consistently.

Taxpayers rightly expect public money to be managed responsibly across our public services. We have to make difficult decisions about how resources are allocated and ensure that money is used where it is needed most. The asylum system should be no exemption from that. Where someone has received support at public expense and is subsequently in a position to contribute towards those costs, it is reasonable for the Government to have the power to require an appropriate payment. That is not about penalising people for seeking asylum; it is about recognising that the public support comes with responsibilities where an individual has the means to meet them.

[David Smith (North Northumberland) (Lab)]

At the danger of reiterating a point from earlier, does my hon. Friend agree that, not only does the contributory principle approach a sense of fairness, but it enables a dignifying process for asylum seekers to show that they actually belong—that they are part of something that we are all part of?

[Ben Goldsborough]

I thank my hon. Friend for that intervention. As he rightly said earlier, as a former homelessness support worker, he has seen the difference it makes when people want to provide support and repay the UK for giving them refuge.

This is precisely the kind of practical reform that can help restore confidence in the immigration system. It demonstrates that the Government are prepared to address the detail of how the system operates, rather than relying on grand announcements that do little to resolve the underlying challenges.

One of the most important features of clause 23 is subsection (5), which states that a person cannot be required to make payments where those payments would render them destitute, as defined under section 95(3) of the 1999 Act. I strongly welcome that safeguard.

A responsible Government must be able to pursue appropriate payments, while recognising that there is a fundamental difference between someone who has the means to contribute and someone who does not. The purpose of the clauses is to establish a fair and workable payments system, not to create further hardship for those who are already unable to meet their basic needs. The protection against destitution ensures that the Government’s approach can be firm without being indiscriminate. It allows the system to take account of financial circumstances and to distinguish between those who can reasonably pay and those for whom a payment would put their basic welfare at risk. That is an important distinction.

I also recognise the practical value of allowing regulations to take account of a person’s financial means. Circumstances can change, and a system that is capable of recognising those changes is more likely to operate effectively.

I look forward to the Government setting out how the regulations will ensure that payment requirements are clear, proportionate and based on the relevant circumstances. That will help to ensure that the scheme delivers its intended benefits, while maintaining the safeguards Parliament has rightly included.

Subsection (6) sets out the exemptions from the payment requirement, which include people who were under 18 throughout the period in which they received asylum support and people who began receiving support before the relevant section comes into force. It also allows additional exemptions to be specified in regulations. I welcome those inclusions and exemptions as part of a balanced legislative framework.

The exemption for children is particularly important, and I know it will be important to my constituents as well. Children should not be expected to carry the financial obligations arising from support provided to them during their childhood. Their circumstances are different from those of adults and the legislation appropriately recognises that difference.

The provision for people who began receiving support before commencement also establishes a clear distinction between existing recipients and those who enter the system once the new arrangements take effect. That is important for a fair implementation of the policy.

Taken together, these provisions demonstrate that the Government are seeking to establish a system with clear expectations and appropriate protection. That is the right foundation for lasting reform.

Clause 24 builds on the framework established by clause 23, setting out further provisions relating to the calculation and collection of payments. The Government are right to provide a framework that can account for the circumstances in which support was provided, rather than assuming that every case is identical. That flexibility should help to ensure that payment requirements are based on relevant factors and that the scheme can be administered fairly.

Subsections (4) and (5) provide for HMRC to undertake preparatory work ahead of regulations that may give it the responsibility for collecting payments. I welcome the Government’s intention to establish a workable arrangement for collection. There is a strong practical case for making use of existing administrative expertise and infrastructure where doing so can help to deliver policy effectively.

Subsection (6) amends the UK Borders Act 2007 to permit HMRC information to be shared for the purposes of determining liability for payments and requiring them. Appropriate information sharing can support accurate assessments and effective administration. It can help to ensure that decisions are made on the basis of relevant information and that payment systems operate as intended. Of course, that information must be handled lawfully and securely; public confidence depends on people being able to trust public authorities to use information for legitimate purposes and in accordance with the law. Those safeguards are compatible with effective administration—indeed, they help to underpin it.

Finally, subsection (8) allows consequential regulations to be made in support of the operation of clauses 23 and 24. That is a necessary part of creating a coherent framework. Legislation of this kind needs to work alongside existing arrangements, and the Government must be able to make the consequential changes required to implement it effectively.