Illegal Migration Bill

Debate between Edward Leigh and Tim Loughton

Tuesday 11th July 2023 Commons Chamber

[Tim Loughton]

The paramount piece of legislation in this country is the Children Act 1989. We should be proud of it, as it is copied and envied the world over. That is how we in this country look after children who need the protection of the state for an assortment of reasons. In my book, the Children Act—I always carry it with me, and i have it here today—usually trumps everything else.

[Sir Edward Leigh (Gainsborough) (Con)]

Will my hon. Friend give way?

[Tim Loughton]

I will, but I do not want to take too many interventions, because many others wish to speak.

[Sir Edward Leigh]

We know from the people who arrive in hotels that perhaps 20% of the migrants will be children—or say they are children. We know that that will be the case among those who arrive at RAF Scampton. As the Government are talking about 2,000 people coming here, we may need 40 or 50 social workers, which we cannot afford in Lincolnshire. We do not have the resources to look after these people properly, to assess them, to work out whether they are children and to decide how they are going to be looked after. Is my hon. Friend not making the point that it is much better to disperse people rather than to shove 2,000 illegal migrants in one place?

[Tim Loughton]

My right hon. Friend has ingeniously inserted into this debate his particular constituency interest, of which, I think, the entire House and the entire world is aware, and I have some sympathy with him. I agree that there is a problem with dispersal. The dispersal system is not operating properly in this country, which is why Kent in particular, which is at the forefront, has seen more than 600 children come through already this year, of whom many are still within the care of Kent. One local authority cannot be expected to deal with that; we need a better dispersal system, whereby the support services, as well as the fabric, are able to accommodate these children.

There is a specific problem with adults impersonating children. The Home Office’s own figures say that something like 47% of age-disputed children turn out to be adults, which means that 53%, a small majority, turn out to be actual children, although it has not published the evidence for those findings. The JCHR report quotes the Helen Bamber Foundation survey of 2022, which stated that 70 local authorities had had 1,386 young people referred to them, of whom 63%—almost two thirds—were found to be children.

It is really important to have effective and accurate age assessments, and it is really important to do them quickly. The Government assured me that they were bringing forward age assessments. They take, on average, six weeks—I do not know why they take six weeks; it should not take that long to do a Merton assessment and, potentially, some X-ray medical interventions as well. The Government need to speed up that process. If a child is wrongly assessed as an adult and deported, that cannot be corrected.

We have problems with hotels and missing children—I recognise that. We have problems with children potentially going underground as they approach their 18th birthday, as they may well be transported out of the country under the Bill. We have problems with 16 or 17-year-olds, or those purporting to be 16 or 17-year-olds, absconding if they are not in the secure estate. These are the complex problems that the Government have to face.

We also have a problem with the existing law, as there is just 24 hours to detain children for the purposes of transporting them out, which is not enough. We therefore have a lot of problems. However, Government amendment (a) to clause 12 in lieu of Lords amendments 31, 35 and 36 leaves clause 10, which had a lot of Henry VIII powers leaving decisions up to the Secretary of State, largely untouched. The Government’s amendment in lieu retains the position that bail cannot be granted for 28 days to those who fall within the Bill’s scheme. It retains that position for unaccompanied children too where they are being detained pending a decision to grant leave, limited leave as an unaccompanied child, discretionary leave or leave as a trafficking victim.

That means that for the purposes of initial processing, unaccompanied children will be in exactly the same position as anyone else who falls within the Bill’s scheme, that is, there is no statutory limit on their detention and they cannot be granted bail before 28 days. Unaccompanied child arrivals are to be treated the same way as adult arrivals in terms of their detention for initial processing, and the amendment provides nothing for unaccompanied children detained for that purpose. It would only allow for potential bail of an unaccompanied child who has been detained pending a decision to remove them or pending their removal, where the Government are using their discretionary power under clause 3(2) to remove an unaccompanied child while they are still under 18.

In those circumstances, which the Government contend will be the minority of cases, the unaccompanied child will, with this amendment, now have the opportunity of being granted bail after being detained for eight days. Whether in practice the child could apply for bail after day eight would depend on multiple factors, one key factor being whether the unaccompanied child had been transferred to local authority care and subsequently detained prior to removal, or had only ever been detained since arrival in the UK.

Other factors impacting whether bail is obtainable in practice would include where the child was detained, whether any outside services reached the child in detention, whether such services could refer to a lawyer with the capacity to take on the bail case in light of the failure of the legal aid market and legal aid advice, and whether the child has the capacity to instruct a lawyer. There are strong reasons to doubt whether the possibility of bail after day eight would necessarily lead to many, if any, unaccompanied children being released from detention in practice.

There is a currently nothing on the face of the detention clauses about age disputes, which I was assured there would be. There are no additional safeguards for them on the face of the Bill at all. A putative child who is treated as an adult would only be able to get bail after 28 days in line with the Bill’s detention scheme. Much of what I say is on the advice of Coram, which is highly respected for how it looks after unaccompanied child asylum seekers.

Relations with China: Xi Jinping Presidency

Debate between Edward Leigh and Tim Loughton

Thursday 16th March 2023 Westminster Hall

[Tim Loughton]

My right hon. Friend is right again. Too often in this country, we seem to be playing catch up with some of the much more proactive and obvious measures taken by the US Administration, usually with unanimous support across all parties in Congress. Many of those laws are now having an impact on China and beginning to make it wake up to the fact that its actions have consequences. I fear that, too often, it is because people in this Chamber today and like-minded colleagues put pressure on the Government that, eventually, they might just catch up with some of the measures that should have been passed into our law at the same time as they were passed in the United States.

[Sir Edward Leigh (in the Chair)]

Order. I have to move the wind-ups at 2.28 pm, and I think Mr Carmichael wishes to speak. Is that correct?

--- Later in debate ---

[Sir Edward Leigh (in the Chair)]

You might bear in mind your colleague.

[Tim Loughton]

I will approach my peroration forthwith on that basis. 

I will not mention Jimmy Lai because, again, the hon. Member for Strangford mentioned him. He also mentioned at length the Confucius Institutes, an example of how the tentacles of the Chinese Communist party extend everywhere—globally and within the UK in our boardrooms, businesses, schools, campuses, local authorities and in the bogus police stations, effectively, that China has set up. There was the disgraceful episode at the Manchester consulate, where the consul thought it was his job to beat up demonstrators. There was no pretence to try to get out of it. Is that not what he was there for? Is that not what the Chinese Communist party pays him to do? Never has a greater or more honest admission come from an official of the Chinese Government.

Internationally, what is China doing as part of the China 2049 plan? It controls something like 104 ports and has its teeth in infrastructure projects around the world. It effectively holds Governments to ransom, with huge loans imposed on them. We know what has happened with the port in Sri Lanka, the airport in Uganda and some of the schemes that have fallen to pieces. It places huge debts on many east African countries in particular, which is the real characteristic of the belt and road project. China has a stranglehold on rare earth mining, controlling 58% of critical minerals mining and 73% of the global production capacity for lithium, which goes into lithium-ion batteries and is crucial for anti-climate change measures relating to renewable and environmentally friendly sources of energy. I could go on—

[Sir Edward Leigh (in the Chair)]

Don’t.

[Tim Loughton]

But I will not, as you just cautioned me.

Lastly, I welcome the Government’s announcement today on the use of TikTok on Ministers’ devices, in so far as it goes. I do not have you down as a TikTok devotee, Sir Edward—I may be doing you a disservice—but did you know that in China, western TikTok is banned and the addictive algorithms used over here are illegal? Last year, the internet watchdog made it mandatory for domestic companies to give users the choice to opt out of their data being used for personalised content in China. Over here, we know the situation: TikTok and its parent company ByteDance have close ties with the Chinese Communist party and are required to comply with the People’s Republic of China surveillance demand under the cyber-security law. Under standard contractual clauses, data can be transferred to ByteDance or other entities in the PRC from users in the UK and the rest of the west.

We should be nowhere near that system, frankly. The UK Information Commissioner’s Office should initiate an audit under section 146 of the Data Protection Act 2018 to investigate whether TikTok can protect the data being transferred under the legal regime in the PRC. If not, the ICO should consider intervening and prohibiting the data transfer as it cannot be respected in the PRC.

Whatever the Government want to call it and whatever phraseology they use, China is the greatest threat to the peace and security of the globe, and we need to plan accordingly. If people do not believe me, I urge them to read the words of the lifetime dictator who is in control of that country.