Oral Answers to Questions
Debate between Edward Leigh and Chris Philp(3 years, 4 months ago)
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Sir Edward Leigh (Gainsborough) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
People smuggling is a despicable crime, often leading to tragic deaths such as the 39 we saw in Purfleet. The Government are determined to crack down on organised immigration crime, which is why we last week we introduced a new Nationality and Borders Bill, which will receive its Second Reading next week. It is also why in 2020 the National Crime Agency and immigration enforcement were involved in 750 arrests in relation to organised immigration crime.
Sir Edward Leigh
Following the ridiculous decision by the Crown Prosecution Service not to prosecute illegal migrants on the grounds that they have
“no choice in how they travel”,
as if they do not voluntarily pay a people smuggler €10,000 or voluntarily get in a dinghy, or the even more absurd reason that we can rely on “administrative removal channels” when corrupt human rights lawyers string such claims out for years and nobody is ever deported, where does that leave the absolutely good Bill of my right hon. Friend the Home Secretary? She wants to arrest these people in the channel. Does this decision make it even more urgent that we bring in safe havens for these people in a third country?
Chris Philp
My right hon. Friend is quite right to point out that countries such as France and Germany are obviously safe and that someone genuinely in need of protection or asylum can claim asylum quite properly and easily in such countries rather than attempting dangerous and unnecessary crossings over the English channel. Notwithstanding the CPS’s recent announcement, we can, do and will prosecute people who organise and pilot dangerous boat crossings across the English channel for gain or with the intention of avoiding immigration controls. The Bill, which will receive its Second Reading next week, critically contains provisions that will close some of the loopholes that may have led to the CPS’s recent decision and will make it clear that any attempt to arrive in the United Kingdom from a safe place, such as France, will be rightly treated as a criminal offence.
Oral Answers to Questions
Debate between Edward Leigh and Chris Philp(3 years, 5 months ago)
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Chris Philp
I reiterate the critical point that people should apply before the 30 June deadline, which is already six months after the end of the transition period. The shadow Minister is right and, indeed, the Prime Minister was right as well. If somebody does apply late and there are reasonable grounds for them to have done so—for example, they might have been ill—then latitude will be shown. There is no hard time deadline to that. A reasonable approach will be taken, but again, the best thing to do for any constituent who is entitled to EUSS is to apply for it before 30 June.
Sir Edward Leigh (Gainsborough) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
My right hon. Friend is absolutely right to draw attention to this. People smuggling is a wicked and vicious activity that puts lives at risk. Indeed, a young family tragically drowned in the channel last autumn. We are prosecuting people who are involved in people smuggling. Since the beginning of 2020, there have been 65 prosecutions related to small boat crossings for those people facilitating that sort of activity. We are now explicitly going after the people who drive these boats, and our objective is to prosecute as many of those wicked facilitators as we can get our hands on.
Sir Edward Leigh
Does the Minister recognise the public anger at us being made fools of in this? Border Force is little more than a taxi service for illegal migrants—it is ridiculous. Will the Minister assure me that he will use his powers under the Immigration Act 1971 to arrest all illegal immigrants, put them in detention, prosecute them, imprison them and deport them, so that we can stop this horrible trade dead in its tracks?
Chris Philp
I completely share my right hon. Friend’s anger at the situation, and the Home Secretary and the Prime Minister do as well. As I say, we are actively prosecuting the facilitators. In the forthcoming sovereign borders Bill, as part of the new plan for immigration, we plan to significantly strengthen the section 24 illegal entry offence in the 1971 Act, to which he refers, to make it easier to use and easier to implement in practice. At the same time, we will increase the sentence for illegal entry and the sentence for facilitation under section 25 of the Act. I look forward to working with him on getting that Bill passed as quickly as possible and then implemented.
Chris Philp
As I mentioned earlier, we are doing a great deal of active outreach via grant-funded organisations, in particular with local authorities, to make sure that vulnerable people of the kind my hon. Friend describes are reached. I can give him an assurance that the care leavers he describes are potentially included, because the reasonable grounds provision potentially applies to anybody. Anyone who misses the deadline, whether they are a care leaver or, indeed, anyone else, can make the case that they have reasonable grounds for having missed the deadline, so they are absolutely included. The list of case studies is, of course, non-exhaustive; it is designed not to list everything, but to give a few examples. Anybody can apply for the reasonable grounds exemption. I repeat that anyone who thinks that they are eligible should apply by 30 June. That is the best way to make sure that their case is handled properly and fairly.
Sir Edward Leigh (Gainsborough) (Con)
Oral Answers to Questions
Debate between Edward Leigh and Chris Philp(3 years, 6 months ago)
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Chris Philp
The hon. Gentleman is raising an extremely important point. Some of the questions that he is raising, to do with DNA testing and disclosure, are being addressed in the rape review that is due to report very shortly. I know that my hon. Friend the Minister for Crime and Policing would be delighted to meet and discuss some of these—[Interruption.] He is leading this work and he would be delighted to discuss these points; he gave me that undertaking just a moment ago. We are looking to expedite and ease these matters through, for example, the wider use of section 28 pre-recorded evidence, so people can give their evidence more quickly. On prioritising hearing rape cases, the hon. Gentleman is raising a very important point. Listing is a matter for the judiciary, but I know that judges think very carefully about the kind of points that he made when they decide which cases to prioritise.
Sir Edward Leigh (Gainsborough) (Con)
Immigration Rules: Supported Accommodation
Debate between Edward Leigh and Chris Philp(3 years, 11 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Chris Philp
First, as I have said, the people in this cohort will not be in limbo, because after a reasonable period, if no return to another country is possible, the asylum claim will be substantively considered here. The possibility of limbo that the hon. Gentleman referred to does not exist, as I have said twice already.
Secondly, the hon. Gentleman raised the question of destitution. As I said in response to the hon. Member for Halifax (Holly Lynch), the people in this cohort will be eligible for accommodation and support, so the risk of destitution, which would be in contravention of article 3, does not exist either.
The hon. Gentleman asked about people crossing the channel and referenced the refugee convention. He will know that article 31 of the refugee convention talks about people
“coming directly from a territory where their life or freedom was threatened”
being immune to various forms of penalty. He will know that France is a safe country where people’s life and freedom are not threatened. Human rights are respected in France. Asylum claims can be processed in France and, indeed, in other countries through which this cohort typically pass prior to their arrival in France. That deals with the questions that he raised.
The hon. Gentleman mentioned the very sad deaths in accommodation, every single one of which is, of course, a tragedy. I remind him that we have 60,000 people in asylum accommodation. While each individual case is very sad, if he studies the statistics he will see that the numbers are not out of line with what we would expect among a population of 60,000 people.
Sir Edward Leigh (Gainsborough) (Con)
Sooner or later, there is going to be an appalling tragedy in the channel. The reason economic migrants make this crossing is that they know that our present asylum laws are a complete joke. If someone makes it halfway across the channel, their chances of ever being deported are virtually nil, because of the activities of so-called human rights lawyers, who are actually putting lives at risk by their shenanigans in the law courts. What we want from the Minister is a firm commitment that, from 1 January, if someone crosses the channel and it is obvious that they are coming from a safe country, they will be immediately returned—that is what we want to know.
Chris Philp
I thank my right hon. Friend, who has a distinguished legal background, for his question. He is absolutely right: we need to deter these crossings, and we need to ensure that our legal process works effectively. As my right hon. Friend the Member for Wokingham (John Redwood) said, very often it does not do so. Despite that, we are able to return and deport quite large numbers of people if they should not be in the country or if they have committed very serious criminal offences, as we discussed a couple of weeks ago.
In relation to the question about immediate returns from 1 January, that is the policy objective of the Government—it is my objective, the Home Secretary’s objective and, indeed, the Prime Minister’s objective. But in order to effect returns, we need the agreement of the receiving country, and so my top priority, as soon as the European-level negotiations are concluded, is to seek exactly those kind of return agreements.
Oral Answers to Questions
Debate between Edward Leigh and Chris Philp(4 years, 8 months ago)
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Chris Philp
First, may I echo the right hon. Lady’s comments about the fantastic work being done by civil servants and staff of various Executive agencies? As she has said, they are doing an incredible job in very difficult circumstances. On mandatory self-isolation for people returning from high-risk countries, she is right to say that the advice changed. However, let me reassure her by saying that it is under continual and ongoing scientific evaluation. The Home Secretary and I have both asked recently for refreshed scientific advice, and that is being monitored almost daily. If the scientific advice says that the safety of our country requires a further change in policy, we will certainly do that in response.
On the right hon. Lady’s question about enabling remote hearings for her Select Committee, I am sure that civil servants, officials and Ministers at the Home Office will do exactly that if required, to make sure that her Committee can function and discharge its scrutinising responsibilities, regardless of our current circumstances.
Sir Edward Leigh (Gainsborough) (Con)
In previous Home Office questions, I have asked for reassurances from the Home Secretary that those who enter or seek to enter illegally from France are immediately returned, but I have not received that absolute reassurance. As we have a pandemic going on, it is even more important that people who seek to enter illegally are first apprehended, and are then returned, tested and, above all, put into isolation. Can the Minister reassure me that that is going on?
Chris Philp
Significant resources are being put into protecting the short straits, particularly the crossing in the direction of Dover. Where people make that crossing cladestinely, they are met by the relevant officials, particularly from Border Force and from immigration enforcement. Of course, one of the screening checks now being done relates to their health, to make sure that if they need to be isolated to avoid the disease being transmitted onwards, that happens. On returns, we are currently bound by the Dublin regulations, but once we exit the transition period, we will not be and there will be an opportunity for us to form our own policy in this important area.