Illegal Migration Bill

Diana Johnson Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

To follow up on that point about the issue of tone, despite the strong views held about this Bill both in this House and outside by actors, football commentators and archbishops, I believe there is consensus that we all want to stop people crossing the channel in unsafe, small boats, and risking their lives in some of the busiest shipping lanes in the world. The Government’s flagship immigration Bill underpins one of the Prime Minister’s five priorities to the British people. It is so important. That is why I asked the Leader of the House whether the Home Affairs Committees could carry out pre-legislative scrutiny to test the robustness and evidence supporting the Bill. Sadly, that has not been possible. It is also disappointing that we have not had an impact assessment —an equality impact assessment, or a child rights impact assessment—accompanying the publication of the Bill.

I also hope there is consensus across the House that the UK should do its bit to support those fleeing persecution and torture, sharing that responsibility with our international partners. We need to put this into context. Not every displaced person in the world wants to come to the United Kingdom and we are not facing an invasion. We know that countries such as Turkey take the lion’s share of refugees and nearly 70% of refugees end up staying in the region they come from.

So what exactly should the Government be doing about small boats? Last summer, the Home Affairs Committee published our report into channel crossings. We made the important point in the report that no one magic bullet will solve the problem. As I made clear last week, the Home Secretary is right that our asylum system is broken, but it is not the migrants crossing the channel who broke it. Poor resourcing, antiquated IT systems, high staff turnover, or too few staff have resulted in this backlog of 160,000 cases. Tackling the backlog has to be the most important priority for the Home Office.

Another key message from our report was the need for detailed, evidence-driven, fully costed and fully tested policy to tackle this problem, rather than simple headline-grabbing announcements on Rwanda, for which there is still no body of evidence regarding the potential deterrent effect. Other recommendations included the importance of establishing a returns agreement with the European Union, extending family reunion, and creating safe and legal routes. We all know that people may travel without papers using irregular methods, but have a solid case for seeking asylum that needs to be considered under our international obligations. The Bill currently would deny that opportunity.

Positively, at the end of last week, we saw further agreement with the French on tackling small boats, albeit we still need that returns agreement with the EU. Although it is encouraging that the Government are improving their relationship with the EU, we now find them stress testing our international obligations and potentially breaking international law.

On the Bill’s specifics, its proposals present a huge logistical challenge for a Department that is not known for good project management or for being on the front foot. It has three essential pillars: detention, deportation and deterrence. Each raises serious and fundamental practical issues to which we need clear answers in order to understand how the Bill will work.

The Institute for Government has helpfully summarised the key questions. First, does the Bill adhere to the UK’s international obligations? Secondly, how does it change existing policy on inadmissible claims? Thirdly, where can the Government send asylum seekers who are deemed inadmissible? Fourthly, what does the Home Secretary consider to be a “reasonable prospect of removal”? Fifthly, what will happen to people who the Government cannot remove to another country? Sixthly, how will the Government accommodate people they have detained and how will they pay to do so? Seventhly, will the Bill deter people from crossing the channel in small boats?

I have many concerns, particularly on the provisions relating to unaccompanied children, children and families being detained, and victims of trafficking and modern slavery. The Salvation Army stated in its briefing on the Bill that modern slavery is not an immigration issue; it is a safeguarding issue. The men, women and children trafficked against their will to the UK and enslaved should not be punished for being victims, but that is what the Bill will do.

On deterrence, during the Select Committee’s visit to France earlier this year, we heard evidence that people who have arrived in northern France, having travelled thousands of miles in some cases, will not be put off when they can see the British coastline from the French beach, and have little or no knowledge of Home Office policy or British laws. Therefore, we need fully to understand how the plan for detention, deportation and deterrence will work in practical terms. I am concerned that the Bill potentially leaves the Home Office in a legal quagmire, with up to tens of thousands of people detained for a period and then bailed into a permanent state of limbo, unable to be removed, unable to have their asylum claims processed and unable to reunite with families. There is nothing specifically in the Bill about tackling criminal gangs, people smugglers and traffickers. To conclude, we all want action on small boats, but we want effective action that will deal with the problem.