Illegal Migration Bill

Baroness Laing of Elderslie Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Stephen Kinnock]

I will make a little bit of progress, and then I will allow the hon. Gentleman to intervene.

I will turn first to Lords amendment 1B, intended to ensure that the Bill is consistent with international law, which Labour fully supports. Last week, the Minister deemed the same amendment unnecessary, because:

“It goes without saying that the Government obey our international obligations, as we do with all pieces of legislation.”—[Official Report, 11 July 2023; Vol. 736, c. 198.]

That comment was typical of the Minister’s approach. He is constantly trying to calm his colleagues’ nerves by fobbing them off with that sort of soothing statement, but we all know that he does not really believe a word of it. He knows that the very first page of the Bill states that the Government are unable to confirm that it complies with our legal obligations. He also knows that the Government are more than happy to break international law—just look at how they played fast and loose with the Northern Ireland protocol. If the Minister really thinks that we will simply take his deeply misleading words at face value and trust him and his colleagues to uphold our legal obligations, he has another think coming.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I think that the hon. Gentleman did not mean to use the phrase “deeply misleading”. Knowing that he is an honourable gentleman, I suggest that he might want to use a slightly different phrase—“inadvertently misleading”, perhaps?

[Stephen Kinnock]

I thank you, Madam Deputy Speaker. Would “misleadingly soothing” work?

[Madam Deputy Speaker]

It will do for the time being.

[Stephen Kinnock]

As always, Madam Deputy Speaker, you are very gracious.

The late, great Denis Healey famously advised that when you are in a hole, you should stop digging. [Hon. Members: “Quite right!”] Hang on. He would certainly have approved of Lords amendment 9B, which goes right to the heart of the fundamental unworkability of this bigger backlog Bill and seeks to prevent it from becoming the indefinite limbo Bill.

Let us be clear: the current state of affairs represents both a mental health crisis for asylum seekers and a financial crisis for British taxpayers, who are already shouldering an asylum bill that is seven times higher than it was in 2010, at £3.6 billion a year. Indeed, the mid-range estimate for the hotels bill alone is greater than the latest round of levelling-up funding, and three times higher than the entire budget for tackling homelessness in this country. The only people who benefit from the inadmissibility provisions in the Bill are the people smugglers and human traffickers, who are laughing all the way to the bank. As such, it is essential that this House votes in favour of Lord German’s amendment, which seeks to ensure that inadmissibility can be applied to an asylum seeker only for a period of six months if they have not been removed to another country.

A major concern throughout the passage of the Bill has been its utter disregard for the mental wellbeing of unaccompanied children. Many of those children will have had to see their loved ones suffer unspeakable acts of violence, yet despite the Government’s concession, the Bill will mean that when they arrive in the UK, they will be detained like criminals for up to eight days before they can apply for bail. We are clear that that is unacceptable, and are in no doubt that the Government’s amendment is yet another example of their liking for performative cruelty. We urge the Minister to accept the compromise of 72 hours contained in Lords amendments 36C and 36D.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

We have only one hour left for the remainder of the debate, so I have to impose an immediate time limit. I was going to say six minutes, but I will have to say five minutes.

[Tim Loughton]

Thank you, Madam Deputy Speaker. It is always an experience to follow the hon. Member for Aberavon (Stephen Kinnock). It was once said that someone who had just met his father had just spent half an hour having a five-minute conversation with him. We have just had a half-hour speech, but I am afraid that we did not get five minutes of anything remotely new in that.

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[Madam Deputy Speaker]

It would be better not to do so. There is no hard and fast rule, since the right hon. and noble Gentlemen is no longer a member of this Chamber.

[Tim Loughton]

I will happily withdraw that, Madam Deputy Speaker, if I can have my minute back. I declare an interest as the chairman of a safeguarding board of a children’s company.

I was rather surprised to read in papers over the weekend that, according to the briefings, my right hon. Friend the Member for Maidenhead (Mrs May) and I are some sort of ringleaders against the Bill. May I make it absolutely clear that I support the Bill and want it to go through as quickly as possible, and that I support the Rwanda scheme? Objecting to some of the Bill’s trafficking measures is about protecting victims and prosecuting traffickers, not undermining the Bill. Greater safeguards on how we look after children who have arrived here would not undermine the Bill; they would strengthen it. Safeguards to ensure that safe and legal routes are in place for genuine asylum seekers would not undermine the Bill; they would strengthen and justify the measures against those who are gaming the system, to whom we do not have a duty of care.

In my limited time, I want to concentrate on the amendment tabled by Baroness Mobarik. I also thank Baroness Stroud and Lord Randall for the amendments on trafficking and safe and legal routes. The fact is that the Government’s amendments to clause 12 will give a child on their own in the UK the chance to apply to be bailed from detention after eight days, but that will apply only if they were detained to be removed, to be united with family or to be returned to their home country. That will not apply to all unaccompanied children when they first arrive in the UK; it will impact on only a small group of children. Other separated children not subject to removal will be detained for at least 28 days, and there is still no statutory limit on detention for any separated child.

Under the Government’s proposals, separated children affected by the Bill can still be indefinitely detained. That is the truth of the matter. It is imperative to include a time limit on child detention in the Bill. If the Government intend to detain children for the shortest possible time, they can reinforce that message by enshrining a time limit in the primary legislation, as we have asked for all along. Although the Minister has given some concessions, we are still not there.

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It also said that centre was “brighter and better decorated” that on the last visit—clearly, some cartoons were still on the walls there. The problem is that there have been concessions, but there are still too many unanswered questions. We need those extra assurances.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Scottish National party spokesperson.

[Stuart C. McDonald]

We should oppose all nine Government motions, which is precisely what my SNP colleagues and I will do this evening. Let me say again that this Bill is so appalling that the House of Lords should stop it in its tracks. However, Baroness Jones was the one speaker who had the guts to say:

“we should be stubborn about not allowing the Bill to go through.”—[Official Report, House of Lords, 12 July 2023; Vol. 831, c. 1814.]

As I asked last week, if the Lords will not consider halting this Bill, which Bill will it be? This Bill is about locking up kids, forcing trafficking victims back to their exploiters, mass detention, closure of the UK asylum system and the trashing of international laws. If the Lords will not use their powers to block this Bill—a Bill that also runs totally contrary to what was in the 2019 Conservative manifesto—what is the point of their powers, and what is the point of the House of Lords? Let us hope that we can salvage something from these final proceedings.

On Lords amendment 1B, if the Bill is consistent with our international obligations, the Government cannot have any objections to the amendment. On the other hand, if, as the Government have at other times argued, it wrecks the Bill to have to be read consistently with international law, then the problem is with the Bill, not the amendment. That is a good reason in itself for the whole Bill to be stopped in its tracks. The revisions to the amendment mean that arguments about allegedly incorporating international laws have been addressed, despite the completely unsubstantiated assertion from the Minister. We have heard lots of strong words about protecting a dualist system of law, but given that the Government could not even make the normal human rights compatibility statement, we need strong action to protect fundamental human rights and the rule of law.

The grouped amendments 7B and 90D are also important in upholding the rule of law. They preserve judicial oversight, so that illegal decisions by the Government can be properly challenged before they are implemented. It really is as simple and fundamental as that. The Government keep talking about loopholes, but access to courts, the rule of law and fundamental rights are not loopholes; they are fundamental principles that we should be upholding.

Lords amendment 9B is another crucial amendment. It now includes safeguards to assuage the usual Government concerns about gaming the system, but retains the vital protection that if a person cannot be removed to Rwanda even after six months, they will then have their case assessed here. It simply preserves the status quo and is an essential protection. It remains an appalling prospect that people who are refugees will be left in limbo forever by the Government; never allowed to have their claim heard here and never able to contribute, even if removal is a near impossible prospect.

Indeed, it is also ludicrous that there will be people with totally unfounded claims for asylum who will get to remain here in limbo, often at considerable taxpayer expense, because of the Bill. The Bill stops unfounded claims being dealt with, just as it stops well-founded claims being dealt with. The end result is that thousands of people will need to be detained and accommodated in perpetuity. Many more will disappear underground, as they will have no reason to stay in touch with the Home Office. It is the end of the UK’s contribution to the refugee convention. Again, if the Government are not willing to move on that, their lordships should hold up the whole Bill.

On mass and limitless detention of children in inappropriate accommodation, of course we continue to support all efforts to curtail the horrendous new powers and to limit the extraordinary harm that we know—and the Home Office knows—detention causes to them. We therefore support Lords amendments 36C, 36D and 33B. As I said last week, the Government’s amendments in lieu really represent a pathetic non-concession. A theoretical right for some kids detained for removal to seek bail after eight days is just not remotely acceptable. At the very least, we need short, hard and fast limits, and those limits should be automatic and not dependent on a child being able to navigate the bail system and accessing the legal support that would be required to do that. And the time limits should apply to all kids, whether accompanied or not, and regardless of which particular powers they were detained under. The Government make claims about creating incentives to play by the rules, but, as with most of their claims, they offer absolutely no evidence. There is no suggestion, for example, that the introduction of strict time limits by David Cameron’s Government had the impact suggested here. It is just another myth.

As Members on both sides have said, the Bill is a serious threat to victims of modern slavery and trafficking, and yet again it totally ignores devolved powers on this subject. Those being exploited are the ones who will suffer, not the traffickers, whose power over their victims will only be enhanced by the withdrawal of any route to safety for those they are exploiting. We therefore support Lords amendment 56B and anything that will undo some of the damage that the Bill will do to modern slavery and trafficking provisions. Without 56B, the damage the Bill will do to slavery and trafficking laws across the UK is yet again sufficient to justify holding up the whole Bill.

On Lords amendment 23B and protections for LGBT people, we fully support everything Lord Etherton said in support of his amendments. Put the fact that these countries are not safe for LGBT people on the face of the schedule. Anything that builds on the flimsy and almost certainly unworkable system of “suspensive claims” should be welcomed. LGBT people should not have to go through that process in the first place. If the Government are committed to safe legal routes, they should have no problem with Lords amendment 102B. On the archbishop’s amendments 107B and 107C, a 10-year strategy is utterly sensible—indeed, it is essential. Long-term thinking is as necessary for issues surrounding forced migration as other pivotal challenges such as climate change.

Ultimately, the amendments can only add a little polish to an odious Bill that is utterly beyond redemption. It should be stopped in its tracks entirely and any parties that still send people to the relic of a second Chamber should be using their influence to see that that happens. Otherwise, this is all just for a show and very vulnerable people will suffer as a result.

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[Beth Winter (Cynon Valley) (Lab)]

I will begin by putting on the record my complete opposition to this horrendous Bill in its entirety. It is cruel and inhumane. It will put people at serious risk of further exploitation. It is stoking division within our society, and it undermines constitutional principles and human rights.

We are here today to focus on amendments, so I will briefly say that I support all the Lords amendments before us, particularly Lords amendment 1B, which others have already spoken about, in the name of my friend Baroness Chakrabarti. The amendment sets out the Bill’s intention to comply with a host of human rights conventions, including those with regard to the protection of human rights and the rights of the child, and against trafficking human beings.

It is vital that we underline our commitment to human rights, and, to quote the First Minister of Wales, Mark Drakeford,

“provide a warm welcome to all of those who seek sanctuary”.

That is particularly important as accommodation sites that have been identified by the Home Office for asylum seekers become targets for protests by the far right. That is happening in Wales at the moment. Amendment 1B is a modest and uncontroversial amendment. The Lords have backed it twice. More than 70 organisations have stated their support. The Government must yield and stop voting it down. If the Government are, as they say, confident that the Bill is compatible with the UK’s international law obligations, there is nothing to fear from the amendment.

I also support Lords amendment 102B in the name of Baroness Stroud, a Conservative peer, which provides for a duty to establish safe and legal routes. This is, again, a modest and uncontroversial amendment that could make an unsupportable Bill slightly better. We need to go much further. We need to expand safe routes, as organisations such as the Refugee Council, Care4Calais and the Public and Commercial Services Union have argued, in line with the amendment. We also need to tackle the backlog with a fair, humane and speedy processing system.

The Government have lost control over the asylum system. Their “stop the boats” rhetoric will not stop the boats because people are genuinely seeking asylum from war and poverty, and nobody would go on a boat, risking their life, unless they were desperate. We should be welcoming people to our country. What is contained in the Bill does not represent the type of country that I want to live in, or that I want my children or grandchildren to live in. What I and millions of others want is a country and society that is based on care, compassion, kindness, generosity, respect, inclusivity and, yes, solidarity.

I support today’s Lords amendments, which should be accepted, but if the Bill is passed this week, I and many others in this House—and, more importantly, outside it—will continue to oppose and campaign against this appalling piece of legislation at every opportunity.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I have to reduce the time limit to four minutes. I call Claudia Webbe.

[Claudia Webbe (Leicester East) (Ind)]

Thank you, Madam Deputy Speaker. The provisions of the Bill are inhumane and punitive. It has not improved with the Government’s amendments sent to the other place, which the other place has rightly rejected, proposing their own counter-amendments.

The Government remain determined to allow themselves to detain and deport even unaccompanied children; to disqualify many refugees from even attempting to apply for asylum or to appeal against unjust decisions; and to give the Home Secretary sweeping powers to make new rules or apply them as the Government see fit. Even if every amendment proposed by the Lords was passed, this would remain an odious Bill, and one that shames this House and shames this country, but the latest Lords amendments would at least mitigate some of the worst harms of the legislation—legislation that the Home Secretary cannot even say is legal under international law.