Baroness Laing of Elderslie
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Nationality and Borders Bill
Baroness Laing of Elderslie ExcerptsWednesday 8th December 2021
(3 years ago)
Commons ChamberRead Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 8 December 2021 - (8 Dec 2021)
Several hon. Members rose—
Madam Deputy Speaker (Dame Eleanor Laing)
I call Jeremy Corbyn, although just before the right hon. Gentleman rises, let me say that I know that he is usually very brief, but it seemed like we had a lot of time for this business and we are now running out of time, so would people just be a bit sharper? It is not a general conversation, but a debate. Let us just get on with it.
Jeremy Corbyn
Sharpness is the order of the day; I will be very brief and very sharp.
This Bill is appalling in so many ways. I will come to that in just a moment. In this set of amendments, we are dealing with people who are suffering the most grotesque exploitation of almost anyone in the world—people who have been trafficked into sexual slavery, and into working illegally in factories and agriculture, and who have no recourse to any support anywhere. They are living in dangerous conditions. They are often isolated and have no one to turn to. While I appreciate that all the amendments are trying to provide better support and better protection for them, these people are the victims of slavery in every form imaginable.
Although I support the amendment tabled by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), I do not quite understand why he limits the right to remain to 12 months, because if, at the end of that 12-month period, the person concerned is then faced with deportation, I would ask: deportation to where and under what circumstances? Would they not then be in danger in the country they have originally come from, or from the very gangs that have been called out, because of their seeking safety in this country?
Madam Deputy Speaker (Dame Eleanor Laing)
It is at the hon. Lady’s discretion, but I think everyone wants the Minister to answer the questions that have been asked this afternoon. If the hon. Lady goes on for very much longer, there will not be an opportunity for that. I am not stopping her, but I hope she will not take too much longer.
Anne McLaughlin
I will take your advice on that, Madam Deputy Speaker, although I am little unsure whether we will get answers, because we have not any other time we have been asking for them.
Any disqualification from protection must be reserved for the most serious of offenders—those who pose a serious risk to the public or to national security. A public order disqualification for victims with prior convictions of 12 months or more is too wide, as others have said. There is a real danger that genuine victims who could give vital evidence against slavery networks, and who pose absolutely no risk to the public, will be excluded from that support.
The actual figures for referrals of offenders in immigration detention to the NRM are low, as was said earlier, and the Government have published no data to back up the sensationalist claims made in support of these measures. It is another theme running through every part of this Bill. There is nothing to back up their scaremongering claims. The hon. Member for North East Bedfordshire (Richard Fuller) was also asking for evidence. I very much doubt the Minister is going to give us any, but let us wait and see.
I will move on, finally, to say that I fail to see why all of this is part of an immigration Bill. We are not talking about immigrants; we are talking about victims of criminal offences. In 2016, I sat on the Immigration Bill Committee, and a Government Member, who is not present and whose name I will not reveal, told me, “If people do not want to be trafficked, they should simply say no.” That demonstrated a crass misunderstanding of what trafficking is. These are people who are not trying to migrate to this country; they are simply caught up in exploitation and they end up here.
I will end by saying that I would love to hear what the Minister has to say. I have zero faith that we will hear anything. I have never ever been so ashamed as I am today, because I know that Members will vote for this Bill that will damage, exploit and kill vulnerable people, who they claim to care about. It is absolutely a disgrace.
Rachel Maclean
I thank my right hon. Friend for his words. We will of course watch the progress of the Bill through the other place with interest, and I am happy to work with him and any others as we do so.
Amendments 127 and 128, to which a number of Members have referred, seek to remove clauses 57 and 58 on the one-stop process as it relates to information relevant to modern slavery. These clauses are crucial to the Bill to enable us to appropriately identify victims at the earliest opportunity and make sure that they get support to rebuild their lives.
Finally, on new clause 39 and amendment 3, I appreciate the concerns about clause 62, but it is right that we should be able to withhold protection from serious criminals and those who pose a national security threat to the UK. I would like to reassure hon. Members such as my hon. Friend the Member for North East Bedfordshire (Richard Fuller) that our approach is not to have a blanket disqualification based on public order, but to take a case-by-case approach to decisions and consider the individual’s circumstances.
I would like to restate that our approach is to stamp out this evil and inhuman trade. The Bill is firm and fair, and it is in line with the overall objectives of our new plan for immigration. For those reasons, I hope that hon. Members will be content not to press their amendments.
Question put, That the clause be read a Second time.
The House proceeded to a Division.
Madam Deputy Speaker (Dame Eleanor Laing)
Order. Would the Serjeant at Arms please investigate the delay in the Aye Lobby? This is not acceptable: this Division should have been concluded by now. There is a lot of business to be done this afternoon, and taking too long to vote is taking time out of the next item of business.
The House continued to divide.
Madam Deputy Speaker
Order. There is an unacceptable delay in the Aye Lobby. It is simply wrong if people are taking too long to vote, deliberately obstructing the Tellers when coming through and remaining in the Lobby when there is no need for them to be remaining in the Lobby in order to stop other business taking place in this House this afternoon. That is unacceptable. There is deliberate action occurring in the Aye Lobby, and it is unacceptable.
Madam Deputy Speaker (Dame Eleanor Laing)
This Division will be conducted in a timely fashion. I will not have it obstructed deliberately.
New Clause 6
Exemption for child victims of modern slavery, exploitation or trafficking
(1) The Secretary of State may not serve a slavery or trafficking information
notice on a person in respect of an incident or incidents which occurred when the person was aged under 18 years.
(2) Section 61 of this Act does not apply in cases where either of the positive reasonable grounds decisions related to an incident or incidents which occurred when the person was aged under 18 years.
(3) Section 62 of this Act does not apply in cases where the positive reasonable grounds decision related to an incident or incidents which occurred when the person was aged under 18 years.
(4) Sections 64(3) and 64(6) of this Act do not apply in cases where the positive conclusive grounds decision related to an incident or incidents which occurred when the person was aged under 18 years.—[Holly Lynch.]
Brought up,
Question put, That the clause be added Bill.
The House proceeded to a Division.
Madam Deputy Speaker
I ask the Serjeant at Arms to investigate, once again, the delay in the Lobbies. This is an anti-democratic practice. It may not be obvious to the House, or to those who observe our proceedings, that the effect of delaying these Divisions is to deprive the Home Secretary and the shadow Home Secretary of the ability to speak on Third Reading of the Bill. That is unacceptable. It is right that this House should hear from the Home Secretary, the shadow Home Secretary, and others on Third Reading. The delaying tactics, if one can use that term, that appear to be being used are unacceptable and contrary to good democratic practice.
Mr David Davis (Haltemprice and Howden) (Con)
On a point of order, Madam Deputy Speaker.
Madam Deputy Speaker
Then I can accept the right hon. Gentleman’s point of order.
Mr Davis
Thank you, Madam Deputy Speaker. In view of the anti-democratic nature of the obstruction, is it possible to name the people who are causing it?
Madam Deputy Speaker
The right hon. Gentleman asks a perfectly reasonable question. I am considering the answer. At present, I have no proof of the identity of those who are obstructing these Divisions. I will endeavour to obtain that information, and then I will consider what to do with it.
Madam Deputy Speaker (Dame Eleanor Laing)
New clause 47 has been selected for a separate decision. I call Sir Iain Duncan Smith to move the new clause formally.
Sir Iain Duncan Smith
Not moved.
Clause 58
Late compliance with slavery or trafficking information notice: damage to credibility
Amendment proposed: 128, page 57, line 25, leave out clause 58.—(Stuart C. McDonald.)
Question put, That the amendment be made.
The House proceeded to a Division.
Madam Deputy Speaker (Dame Eleanor Laing)
Will the Serjeant at Arms please go and clear the Lobby?
Madam Deputy Speaker
Does the hon. Gentleman’s point of order relate to the Division?
David Linden
It does, Madam Deputy Speaker. Given that it is taking quite a lot of time to get through the votes, I wonder whether it might be possible to investigate the idea of introducing this thing called electronic voting, which would speed things up a little bit.
Madam Deputy Speaker
If the hon. Gentleman had been behaving properly, I might have taken his point of order seriously. I have to say to him and to the House that a very serious piece of legislation is going through the House today. There has been genuine debate and disagreement about it, but it is legislation that will affect a lot of people in this country and it deserves to be properly considered. The antics that have been reported to me—the way in which certain Members have behaved, very obviously delaying and lengthening the time that the Divisions are taking—are, as I said a few moments ago, contrary to good democratic practice. I deplore the actions of those people who have delayed the Divisions, and who indeed are doing so now. Will they please cast their votes, come back into the Chamber and allow the Third Reading to take place?
Stephen Flynn (Aberdeen South) (SNP)
On a point of order, Madam Deputy Speaker—
Madam Deputy Speaker (Dame Eleanor Laing)
I am not taking your point of order. Sit down—[Interruption.] Sit down! I am not taking any points of order—
Madam Deputy Speaker
Sit down! I am not taking a point of order. It would have to be about the Division that we have just had—[Interruption.] Sit down!
Clause 60
Identified potential victims of slavery or human trafficking: recovery period
Amendments made: 64, page 59, line 1, leave out subsection (2).
This amendment removes the requirement that there must be at least 30 days between the making of a positive reasonable grounds decision in relation to an identified potential victim of slavery or human trafficking and the making of a conclusive grounds decision.
Amendment 65, page 59, line 4, at beginning insert “Subject to section 62(2),”.
This is a drafting amendment to make it clear that the prohibition on removal of an identified potential victim does not apply where they are disqualified from protection under clause 62 as a threat to public order or for having acted in bad faith.
Amendment 66, page 59, line 10, leave out paragraph (b) and insert—
“(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the identified potential victim;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).”—(Rachel Maclean.)
This amendment is consequential on Amendment 64. It ensures that an identified potential victim is entitled to a recovery period (giving protection from removal) of at least 30 days even where a conclusive grounds decision is made within 30 days of the positive reasonable grounds decision.
Clause 61
No entitlement to additional recovery period etc
Amendments made: 67, page 59, line 17, after “person” insert
“, in a case where the reasonable grounds for believing that the person is a victim of slavery or human trafficking arise from things done wholly before the first RG decision was made”.
This amendment corrects a drafting error in the definition of “further RG decision”.
Amendment 68, page 59, line 18, leave out paragraph (c).
This amendment is consequential on Amendment 67.
Amendment 69, page 59, line 21, leave out subsections (2) to (4) and insert—
“(2) If the competent authority considers it appropriate in the circumstances of a particular case, the authority may determine that the person may not be removed from, or required to leave, the United Kingdom during the period—
(a) beginning with the day on which the further RG decision is made, and
(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).
This is subject to section 62(2).”—(Rachel Maclean.)
This amendment removes the disapplication of a requirement to make a conclusive grounds decision following a “further RG decision” and instead provides that, although an identified potential victim is not automatically entitled to protection from removal following a further RG decision, the competent authority may decide that it is appropriate to give them that protection.
Clause 62
Identified potential victims etc: disqualification from protection
Amendments made: 70, page 60, line 1, leave out paragraph (a).
This amendment is consequential on Amendments 64 and 69.
Amendment 71, page 60, line 4, at end insert “, and
(c) any requirement under section 64 to grant the person limited leave to remain in the United Kingdom.”—(Rachel Maclean.)
This amendment provides that if an identified potential victim is disqualified from protection (on the grounds of public order or acting in bad faith) but goes on to receive a positive conclusive grounds decision, any requirement to grant them leave to remain in the United Kingdom that would otherwise arise under clause 64 ceases to apply.
Clause 63
Identified potential victims etc in England and Wales: assistance and support
Amendments made: 72, page 61, line 28, leave out from “any” to “arising” in line 29 and insert
“physical, psychological or social harm”.
This amendment changes the reference to “social well-being” to “social harm” to follow more closely the language of the Council of Europe Convention on Action against Trafficking in Human Beings.
Amendment 73, page 61, line 35, leave out paragraph (b).
This amendment is consequential on Amendment 69.
Amendment 74, page 61, line 43, leave out paragraph (b) and insert—
“(b) ending with whichever of the following is the later—
(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;
(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).”
This amendment is consequential on Amendment 64.
Amendment 75, page 61, line 45, leave out subsection (5).—(Rachel Maclean.)
This amendment is consequential on Amendment 73.
Clause 64
Leave to remain for victims of slavery or human trafficking
Amendments made: 78, page 62, line 23, leave out “give” and insert “grant”.
This amendment and Amendments 81 to 83 make minor drafting changes for consistency with related provisions on the statute book.
Amendment 76, page 62, line 26, after “any” insert “physical or psychological”.
This amendment removes assisting a victim of slavery or human trafficking in their recovery from harm to their social well-being from the list of purposes for which the Secretary of State is required to give a victim limited leave to remain the United Kingdom.
Amendment 77, page 62, line 27, leave out from “exploitation” to end of line 28.
This amendment is consequential on Amendment 76.
Amendment 79, page 62, line 33, at end insert—
“(2A) Subsection (2) is subject to section 62(2).”
This amendment is consequential on Amendment 71.
Amendment 80, page 63, line 3, leave out “as” and insert
“which may be, but does not need to be, an agreement”.
This amendment makes it clear that a trafficking victim may be removed to a country which is not a signatory to the Council of Europe Convention on Action against Trafficking in Human Beings, if the UK has made an agreement with that country.
Amendment 81, page 63, line 9, leave out “give” and insert “grant”.
See the explanatory statement for Amendment 78.
Amendment 82, page 63, line 11, leave out “given” and insert “granted”.
See the explanatory statement for Amendment 78.
Amendment 83, page 63, line 12, leave out “given” and insert “granted”.—(Rachel Maclean.)
See the explanatory statement for Amendment 78.
Clause 81
Extent
Amendment made: 84, page 79, line 4, leave out subsections (4) and (5) and insert—
“(4) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.
(5) A power under any provision listed in subsection (6) may be exercised so as to extend (with or without modification) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (6) relates.
(6) Those provisions are—
(a) section 36 of the Immigration Act 1971,
(b) section 15(1) of the Asylum and Immigration Appeals Act 1993,
(c) section 13(5) of the Asylum and Immigration Act 1996,
(d) section 9(3) of the Special Immigration Appeals Commission Act 1997,
(e) section 170(7) of the Immigration and Asylum Act 1999,
(f) section 163(4) of the Nationality, Immigration and Asylum Act 2002,
(g) section 338 of the Criminal Justice Act 2003,
(h) section 49(3) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004,
(i) section 63(3) of the Immigration, Asylum and Nationality Act 2006,
(j) section 60(4) of the UK Borders Act 2007,
(k) section 57(5) of the Borders, Citizenship and Immigration Act 2009,
(l) section 76(6) of the Immigration Act 2014,
(m) section 60(6) of the Modern Slavery Act 2015,
(n) section 95(5) of the Immigration Act 2016, and
(o) section 8(2) of the Immigration and Social Security (EU Withdrawal) Act 2020”.—(Rachel Maclean.)
This amendment will enable the provisions of the Bill to be extended, by Order in Council, the Channel Islands and the Isle of Man.
Clause 82
Commencement
Amendments made: 85, page 79, line 21, leave out “This Part and”.
This amendment, and Amendment 86, make minor drafting changes needed as a result of Amendment 87.
Amendment 86, page 79, line 25, leave out paragraph (b) and insert—
“(b) this Part.”
See statement for Amendment 85.
Amendment 87, page 79, line 26, at end insert—
“(3A) The following provisions come into force on the day on which this Act is passed for the purposes of making (and, where required, consulting on) regulations—
(a) section 13 (requirement to make asylum claim at “designated place”);
(b) section 26 (accelerated detained appeals);
(c) section 41 and Schedule 4 (penalty for failure to secure goods vehicle etc);
(d) section 42 (working in United Kingdom waters: arrival and entry);
(e) section 49 (persons subject to immigration control: referral or age assessment by local authority);
(f) section 51 (regulations about use of scientific methods in age assessments);
(g) section 52 (regulations about age assessments);
(h) section 68 (interpretation of Part 5);
(i) section 77 (pre-consolidation amendments of immigration legislation).”
This amendment brings powers in the Bill to make regulations into force on Royal Assent, so that the regulations can be prepared in advance of the substantive provisions being commenced. The regulations themselves will not be commenced for at least two months after Royal Assent.
Amendment 88, page 79, line 38, leave out paragraph (g).
This amendment is consequential on Amendment 87.
Amendment 89, page 79, line 42, leave out paragraphs (j) and (k).
This amendment is consequential on Amendment 87.
Amendment 90, page 80, line 3, leave out paragraph (n).—(Rachel Maclean.)
This amendment is consequential on Amendment 87.
Third Reading
Priti Patel
Thank you, Madam Deputy Speaker. May I echo your remarks—[Interruption.]
Madam Deputy Speaker (Dame Eleanor Laing)
Order. If the hon. Gentleman rises again, I will require him to leave the Chamber.
Priti Patel
Thank you, Madam Deputy Speaker. It is appalling that we have seen these delaying tactics today.
This Bill introduces the most significant overhaul of our asylum system in over two decades, and it is a shame that Members of this House have brought in these delaying tactics today to prevent this debate. Our Bill will bring in a new, comprehensive, fair but firm long-term plan that seeks to address the challenge of illegal migration head on. Illegal immigration is facilitated by serious organised criminals exploiting people and profiting from human misery.
Madam Deputy Speaker
Order. We will now hear the Home Secretary and the shadow Home Secretary.
Priti Patel
Thank you, Madam Deputy Speaker. I will not give way further, so that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) can have some time. The Back Benchers have debated this Bill already.
Madam Deputy Speaker (Dame Eleanor Laing)
Order. Sit down. The Home Secretary does not have time to take interventions, neither will the shadow Home Secretary, because time has been wasted by the Members on the SNP Benches. Stay in your seat.
Priti Patel
They do not like hearing the fact that this Government will seek to rapidly remove those with no legal right to be in the UK. We are establishing a fast-track appeal process and streamlining the appeal system, making it quicker to remove failed asylum seekers and dangerous foreign criminals, the very people they would like to keep in this country. We will tackle the practice of meritless last-minute claims and appeals that clog up the courts, which is a fundamental unfairness that, by the way, even the legal profession says has been frustrating it for too long because the justice system has been gamed. We will protect the rights of modern-day slavery victims, too.
On that basis, we will bring in a fundamental change. The Opposition have had a chance to back the Bill, and they have chosen not to back the Bill. They want open borders, and they would encourage more people smuggling and more dangerous crossings that would compromise our national interest and our public safety. Our opponents have no answers to this Bill, and we are the ones who want to control illegal migration. We want to take back control of our borders. Many Opposition Members have written letters opposing the deportation of murderers and rapists. [Interruption.] They can say they have not, but they have.
This Bill will bring in fundamental reform, and I commend it to the House.