Illegal Immigrants (Criminal Sanctions) Bill

Debate between Edward Leigh and David Morris

Friday 4th March 2016 Commons Chamber

[Sir Edward Leigh]

That is the question that the public ask again and again in the letters and emails we receive. Why is the Dublin convention not being used? My hon. Friend the Member for Christchurch was a very distinguished chairman of the migration committee in the Council of Europe, and he is probably one of the House’s leading experts on the whole migration issue. He has spent many hours not just sitting in committees in Strasbourg, but making the effort to go to Lampedusa and all these places to talk about the Dublin convention. That convention basically states, quite rightly, that a person should get asylum or be returned to the first country they enter, so this is what people in this country do not understand: is France unsafe? I quite understand—in the language of compassion—why a person would want to be an economic migrant, but are they an asylum seeker? When they are taken out of the back of a lorry in Lincoln or found at the first service station on the M3, they do not say to the English gendarmerie that they want to get benefits or a job; they say that they are an asylum seeker. The question that the British people are asking is this: if that person is a genuine asylum seeker, given that France is a completely safe and civilized country, with a very generous benefits system, why do they not claim asylum there? It all boils down to why this Bill is needed. I know that this is only a private Member’s Bill, but for the life of me I cannot understand why the Government do not take action on this.

[David Morris]

I pay homage to my hon. Friend for his prowess in this field. I would like to clarify the fact that people come from all over the world to Calais, where there is a bottleneck, in the hope of getting across the channel and claiming asylum, and they do so for one reason only: they perceive that life will be better here for themselves and their families. To be frank, I do not think anybody on the face of the planet, if they were in distress, would not do the same thing. They come to this country—I hope that my hon. Friend agrees with this—because, as has been said in this debate, the UK is a soft touch. Does my hon. Friend agree that the Prime Minister has brought forward reforms to deflect people away from this country by cutting down the benefits and the perceived advantages?

[Sir Edward Leigh]

That may be a fair point. I do not think that Mr Deputy Speaker would want me to get into a whole debate about the Prime Minister’s renegotiation of benefits for Poles—people who have an absolute right to come here anyway. I briefly make the point that the overwhelming majority of Poles come here to work, not for benefits, but let us leave that to one side.

The people sitting in Calais are not Polish, Lithuanian or Hungarian—those people can all come in anyway. I am afraid that the intervention of my hon. Friend the Member for Morecambe and Lunesdale (David Morris) is completely irrelevant. By definition, the people whom we are discussing are not allowed here. They come from outside the EU.

It is true that our benefit system is a draw. I am told that in the “jungle”, England is viewed as a kind of El Dorado—having lived here for 65 years, I have never thought of it as that. Apparently, it is the place where all one’s dreams come true—there are unlimited work and benefits, and all the rest of it. These people come from outside the EU, so I am afraid that my hon. Friend’s intervention was not relevant. The issue is entirely in the hands of the Government. We hear about the staggering level of net migration, at 300,000 a year. The whole of London and the south-east is groaning under the number of people, and that is a particular issue for native working class people.

--- Later in debate ---

[David Morris]

If I remember correctly, the previous Labour Government gave two amnesties to illegal immigrants and asylum seekers who should not be here. Will my hon. Friend clarify whether the 2005 figures that my hon. Friend quoted since been superseded, or are they now completely irrelevant?

[Sir Edward Leigh]

That is precisely what I am asking. We now want an up-to-date study from the Home Office, but because we have such weak exit controls, the Government seem to have very little idea of what is going on.

Questions have been asked about this. On 18 January 2016, my hon. Friend the Member for Romford (Andrew Rosindell) asked

“the Secretary of State for the Home Department, what procedures are in place to ensure that illegal migrants to the UK are returned to their country of origin; and whether people deemed by her Department to be illegal migrants are only able to appeal that decision from their country of origin.”

That seems to be a very fair question. To be fair to the Home Office, I will give the answer provided by the Minister for Immigration:

“The Home Office continues to take action at every opportunity to prevent immigration abuse, pursue immigration offenders and increase compliance with immigration law including arresting and returning illegal migrants to their country of origin.”

Yet another Immigration Bill is making its way through the House, but I do not think there is any point in passing more Immigration Acts if we are not enforcing the existing ones. The Minister’s answer continues:

“The Immigration Act 2014 simplified the appeals system so that an appeal right only arises where a claim raising fundamental rights is refused, namely asylum, humanitarian protection and human rights claims. The Home Office has the power to require an appeal to be brought only once an individual has left the UK where the claim is clearly unfounded and where a person liable to deportation makes a human rights claim and it would not cause serious irreversible harm or otherwise breach human rights to require them to appeal from overseas.

The Immigration Bill seeks to extend the power to require an appeal to be brought from overseas to all human rights claims where an appeal from overseas would not cause serious irreversible harm or otherwise breach human rights. Similar provisions are set out in the Immigration (European Economic Area) Regulations 2006”.

Will the Parliamentary Under-Secretary of State for Refugees explain the deficiencies of the existing Immigration Act 2014 in processing illegal migrants, and how would the new Immigration Bill make any difference?

EU Membership (Audit of Costs and Benefits) Bill

Debate between Edward Leigh and David Morris

Friday 26th February 2016 Commons Chamber

[Sir Edward Leigh]

Exactly. It is extraordinary, given that we have this great industry and are a proud island race, and that much of our past and present is tied up in our fishing fleets, that the fishing Minister has already been put in purdah by his own civil servants and cannot talk about this subject at all. It beggars belief.

Apparently, the Government are not going to do any independent analysis over the next four months of what leaving the EU would mean for fishing. Presumably, at some stage or another, a Minister will make a claim—perhaps a fairly wild claim—and there will be no comeback, because the fishing Minister has been put in the corner, like a naughty boy with a dunce’s hat on his head, and told to keep silent. It is amazing. This is the most important decision we are going to make—yet silence.

In trying to answer the Minister for Europe, who asked, “Why don’t the leave people give an alternative vision?”, I have talked a bit about fishing and agriculture, but what about trade? I have quoted Winston Peters, a former Deputy Prime Minister and Foreign Secretary of New Zealand—no slouch—who has talked in public about leaving behind the “betrayal” of 1973. Yes, we did betray them. We betrayed our friends in New Zealand and Australia, who, in two world wars, had come to our aid. He says there is the exciting prospect of recreating free trade between Australia, New Zealand and the United Kingdom. It is an exciting prospect. My hon. Friend the Member for Shipley made a good point about the declining proportion of world trade taken by the sclerotic, over-regulated and overtaxed EU. There is another world out there—the world of the burgeoning growth of China and India.

I will go into more detail about the Government’s case in a moment, but I would be quite happy for them to say, “This is all just pie in the sky—a romantic illusion—and it’s not going to happen. You wouldn’t have any influence on the world trade body, because you’d just be one voice out of 130.” Well, we have very little voice at the moment, because we are one vote out of 28—at least we would be there on our own—but I accept that the Government can make these arguments. Given the importance of this issue, however, surely we want at least some independent analysis, so that the people, before they cast their votes, know what the realistic prospects are of a United Kingdom outside the EU being able to negotiate good trade deals with the rest of the world. But we have nothing.

That was my introduction, Madam Deputy Speaker. I now want to go into more detail about the history of this independent audit and analysis. People now argue—there is some lazy thinking on this—that way back in 1957 when the treaty of Rome was being signed, we were casual in our decision not to join it. A sort of myth has been created, particularly by my personal friend, Michael Heseltine, now Lord Heseltine, and others that this was an enormous wasted opportunity. Actually, people in government at the time were attempting a reasonable audit and analysis of what joining the treaty of Rome would mean. This debate has therefore been going on for a long time.

One cause of worry in 1957 was article 3 of the European Community treaty, which would

“eliminate…customs duties and quantitative restrictions on imports and exports”

between member states, establish a common tariff and “common commercial policy” and

“abolish obstacles to freedom of movement for persons, services and capital”.

When we were having these debates in 1957, the view taken by the then Conservative Government was that that was a risk too great and particularly, showing the importance of objective analysis, too great a risk to the Commonwealth.

My personal view is that that was a right conclusion. Unfortunately, during the 1950s and ’60s, there was a lack of confidence in our future as an independent nation. We should bear it in mind that we were dealing with a generation scarred by the second world war—I accept all the arguments about that. The hon. Member for North West Durham (Pat Glass), who is going to reply to this debate on behalf of the Labour party, spoke most movingly yesterday about the scars of two world wars, and I can understand how that was an influence on people at the time. As I said, there was a lack of confidence, not just about peace in Europe, but about our own nature and the resilience of our manufacturing and service industries. That led directly to Harold Macmillan’s failed bid to join the then European Economic Community.

As we know, of course, we eventually joined the European Economic Community. What then happened after we joined it? We were told at the time that it was going to be primarily a trading mechanism. The British people were never really made to understand and appreciate that under articles 2 and 3, it was much more than that. This was effectively the end of the sovereignty of this House. It was completely different from any other treaty that we had ever signed. Those arguments were made by Tony Benn, Michael Foot and Enoch Powell at the time. To its credit, Labour tested this in the referendum, and the British people decided to join.

Let me move on to the treaty of Nice. Although there had been a reasonably detailed debate, as I mentioned, in the mid-1950s about the benefits or otherwise of joining, this is where I believe the debates got rather weaker and there was less and less independent cost-benefit analysis of whether we should take this ever closer union further.

Article 3 of the treaty of Nice created an explicit common policy in fisheries, when it had previously been included under agriculture. An environmental policy was also created. Under the guise of strengthening competitive industry through the promotion of research and technological development, the EU acquired competence. The EU was authorised to establish and develop trans-European networks. I was here and I may be wrong, but although I certainly know that no independent analysis was done, I am not aware how much analysis of any kind was done on the costs and benefits of these very important matters that furthered the integration of Europe and our involvement in it. The treaty of Lisbon completed the process by making all remaining pillar three matters subject to EU justice-making procedure.

There was a steady increase in the area of EC and EU activity, and thus a steady increase in the number of pieces of legislation until the 1990s. Until we set up the Scrutiny Committee—which is now under the distinguished chairmanship of my hon. Friend the Member for Stone (Sir William Cash)—there was very little analysis of the vast plethora of legislation that was pouring out.

In a paper published by the Robert Schuman Centre, Professor Carol Harlow, of the London School of Economics, noted:

“On the regulatory side, an average of 25 directives and 600 regulations per annum in the 1970s rose to 80 directives and 1.5 thousand regulations by the early 1990s”.

In a study of the evolution of European integration, EU academics Wolfgang Wessels and Andreas Maurer observed that the increase in legislation had been accompanied by an increase in the EU’s institutional structures and sub-structures. While all that was proceeding apace, there was virtually no debate in the House of Commons or, I suspect, within the Government.

My hon. Friend the Member for Christchurch and I were Ministers at the end of the Thatcher Government and in the Major Government. We remember going to the Council of Ministers, and we remember, as we sat there all night, a vast tide of more and more pieces of legislation which was subjected to very little, if any, independent analysis. Output peaked in 1986 with the single market legislative programme. It fell slightly after that, but it continues apace. Meanwhile, apart from the analysis conducted by the Scrutiny Committee, very little detailed analysis of what the directives involved mean for our country is available to Members of Parliament—if, indeed, they are interested, given the complexity of many of those directives.

[David Morris]

The figures that my hon. Friend is citing are truly frightening. Does he agree that there should be more Scrutiny Committees, and perhaps even a larger Scrutiny Committee whose members could operate a shift system when European regulation comes our way?

--- Later in debate ---

[Sir Edward Leigh]

We are impotent; it is not a question of cosying up to the Chinese, as we have no control over this. Whether we like it or not, China will be the greatest, biggest and most important economy in the world within the next 10 or 20 years. Whatever the Minister’s views, the fact that we are part of the EU means that he could do nothing to defend Scunthorpe. I accept that the Government may argue that we get other advantages, perhaps in steel, but let us have an analysis of what it all means.

Open Europe is not some sort of purely ideological campaigning group; it produces fine studies, some of the most voluminous available, and it attempts in a reasonably intellectual way to work out what staying in and leaving the EU involves. Open Europe says that according to the UK Government impact assessments,

“these regulations also provide a total benefit of £58.6bn a year.”

Open Europe is trying to be fair. It goes on to say:

“However, £46bn of this benefit stems from just three items, which are vastly over-stated. For example, the stated benefit of the EU’s climate targets (£20.8bn) was dependent on a global deal to reduce carbon emissions that was never struck…Open Europe estimates that up to 95% of the benefits envisaged in the impact assessment have failed to materialise.”

Where is the Government’s response to that?

Open Europe continued by saying:

“Taking the regulations individually, the impact assessments show that Ministers signed off at least 26 of the top 100 EU-derived regulations, despite the IAs explicitly stating that the costs outweigh the estimated benefits. These regulations include the UK Temporary Agency Workers Directive and the Energy Performance of Buildings Directive.

A further 31 of the costliest EU-derived regulations have not been quantified. Between the over-stated benefits, the regulations that come with a net cost and the ones with unquantified benefits, it remains unclear how many of these EU-derived rules actually come with a net benefit in reality, showing that there is plenty of scope to cut regulatory cost to business and the public sector.”

I would echo that. I may be wrong and if the Government want to argue these points in detail, I, for one, would be delighted.

Open Europe went on to say:

“Although the cost of EU regulation too high in proportion to the benefits it generates, it is important to note that these rules can bring benefits including by facilitating trade across the single market, for example in the case of financial services”.

That is an argument in favour. I fully accept that and Open Europe accepts it, but we need a genuine impact assessment of the costs and benefits of all these regulations. Where does this leave us in the total picture? My view is—[Interruption.] I would be grateful if the Whip would not speak too loudly while I am speaking. She is not supposed to be heard, unlike me. She has the real power; I can just speak.

My contention is that people are worrying too much about this decision in terms of the impact on the economy. Again, there have been many studies on this, but I do not believe that the impact on the economy of whether we stay or leave will be as dramatic as has been made out. That is “Project Fear”—that we are all going to lose our jobs and so on. According to Open Europe,

“In a worst case scenario, where the UK fails to strike a trade deal with the rest of the EU”—

thereby having to fall back on the World Trade Organisation rules—

“and does not pursue a free trade agenda”—

fairly unlikely, I would have thought, but this is the worst case scenario—

“Gross Domestic Product (GDP) would be 2.2% lower than if the UK had remained inside the EU.”

So 2.2% lower, which is quite significant, but I am not sure that we would all suddenly lose our jobs.

[David Morris]

The figure of 2.2% is near enough as much as the economy is expected to grow in the next 12 months. I am certain that if we leave the EU in the next few months, especially with an oil crisis on our doorstep, we could face financial catastrophe. Does my hon. Friend agree?

[Sir Edward Leigh]

This is the worst case scenario and I am being completely fair in putting it. I think it is unlikely.