Illegal Migration Bill

Edward Timpson Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

Let me make some progress if I may.

We have been clear that the power to remove unaccompanied children would be exercised only in very limited circumstances: principally for the purposes of effecting a family reunion or to return someone to their safe country of origin. Government amendment 174 makes this clear in the Bill while futureproofing the Bill against the risk that the people smugglers will seek to endanger more young lives and break up more families by loading yet more unaccompanied children on to the small boats.

[Edward Timpson (Eddisbury) (Con)]

On the face of it, I, too, welcome Government amendment 174 on the limitations to the removal of children and the prescription that is put within it. However, my right hon. Friend has alluded to the fact that, further down in that amendment, it sets out that the Home Secretary can pass regulations to set out any other circumstances at a later date. Is he referring to changes in the way that people smugglers may operate? Will this be an affirmative procedure in Parliament, and what sort of circumstances does he anticipate that we may be dealing with?

[Robert Jenrick]

What we do know is that this situation is fast moving and that the people smugglers are individuals and businesses that will stop at nothing and stoop to any low. We want to retain a degree of discretion, of course accountable to Parliament, and we would ensure that it is an affirmative procedure, giving Parliament at least an opportunity to debate it should there be concerns with the approach of any Home Secretary. But let me be clear that the Government’s position is that we see the use of this power only for those two very limited, but understandable and sensible, suggestions. They are two routes that are used today judiciously. We do—although it is very hard to do—seek to reunify unaccompanied minors with their family members, and succeed in a small number of cases. We also remove minors from the UK back home to safe countries, always making sure that social services or appropriate authorities are awaiting them on their return. Those things happen today and we want to see that they continue and, if anything, that we take further advantage of them.

--- Later in debate ---

[Tim Loughton]

It is difficult to know in five minutes how to address the five amendments with my name at the top, including the two that have been leapfrogged by the Home Secretary. I have spent many hours cossetted with the Minister for Immigration and others to try to get some of the adjustments being made, and I am grateful for the time he has spent to try to get us to a better place. I certainly do not have time to respond to the extensive assurances that he aimed to give me from the Dispatch Box earlier.

I support safe and legal routes. I am glad we will now have them on the face of the Bill. We need a balance. I support this Bill, but if we are to be tough on the abusers of our immigration system, we also have to ensure we are open and generous to genuine asylum seekers, to whom we owe a duty of care. The amendments on safe and legal routes are also timely because we needed to address the question that I posed to the Home Secretary some months ago about how the 16-year-old orphan from east Africa with relations in the UK would make it to the UK. This week, that apocryphal scenario became a reality. The measures that the Immigration Minister will be bringing forward need to address that question.

It is essential that the Immigration Minister consults local authorities about capacity, but he also needs to consult refugee organisations and others about the type of schemes with which we will come forward. How will they operate? Who will qualify for them? How will people access them? Let us make sure that those schemes are in place sooner rather than later in 2024, although I would have liked them to be contemporaneous. We have a deal on safe and legal routes, but we need to see some real workable details in the coming months and as the Bill goes through the Lords.

I have no time to talk about amendment 181 on the return of children or amendment 182 on best interest and welfare checks. My real concern has been on child detention, so I was grateful for the assurances that the Immigration Minister gave me, because the measures as they stand do not differentiate between children and adults in detention terms. They ride roughshod through the safeguards on child detention under the Immigration Bill 2014, through which this Government specified the 24-hour limit, and the Government have not even offered to put the maximum detention times for children in this Bill. That is a must when it comes to any amendments that the Minister can bring forward in the House of Lords.

[Edward Timpson]

I very much agree with the points that my hon. Friend makes in support of children. Does he also agree that we need absolute clarity on the responsibilities under the Children Act 1989 in all circumstances where a child is on these shores, and in particular where the Home Office itself has some responsibility?