Nationality and Borders Bill

Eleanor Laing Excerpts

Consideration of Lords amendments
Tuesday 22nd March 2022 Commons Chamber

[Stuart C. McDonald]

The hon. Gentleman has made his intervention, so I am going to try to—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Members should not make interventions when they are sitting down—end of story.

[Stuart C. McDonald]

Thank you, Madam Deputy Speaker. Let me answer the intervention the hon. Gentleman made while he was standing up. As I said in response to the original intervention, other than what we heard from the politician who gave evidence to us, all the impartial expert evidence was that offshoring achieved absolutely nothing; it was not anything to do with a decline in the number of drownings. The second point to make, in relation to Scottish local authorities, is exactly the same point as has been made by the Conservative party leader of Stoke-on-Trent City Council: the Home Office does not step up to its responsibilities because it does not fund local authorities to undertake this work.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. As the House can see, a great many people wish to speak. I will try to manage without a formal time limit because it is not normal to have one at this stage of dealing with Lords amendments, but I will introduce a time limit if we cannot have a bit of discipline. If everyone speaks for around four minutes, all colleagues will have a chance to speak, so let us try to do it without a formal time limit.

[Mr David Davis (Haltemprice and Howden) (Con)]

I will be as quick as I can, Madam Deputy Speaker.

Unlike the Opposition, I take the view that this Bill is a serious attempt to deal with an almost intractable problem. Nobody should challenge that point. Nevertheless, we are a great nation, and our greatness rests on the fact that we take a moral stance on most things. That is not a formula for softness but it is an argument for rigour in what we do. Lord Kirkhope’s amendment 9 strips out the Government’s plans to create an offshore asylum-processing system, and I believe he is right. Asylum offshoring would be a moral, economic and practical failure. Previous international experience shows that to introduce it here would be an unmitigated disaster.

The first problem with offshoring is an ethical one. To get a sense of the issue, we have only to look at what happened in Australia when it adopted the same approach in 2013. It meant that children, modern slavery victims and torture survivors could be detained offshore. The Refugee Council of Australia has documented gut-wrenching stories of sexual, physical and mental abuse in the processing facilities. A 14-year-old girl who was held offshore for five years doused herself in petrol and tried to set herself alight. A 10-year-old boy attempted suicide three times. Another child starved themselves near to death and had to be removed back to Australia.

Those were not isolated cases. In fact, there have been numerous reports of assaults and sexual abuse relating to Australia’s processing facility on Nauru. Between January and October 2015 alone—just a few months—there were 48 reports of assault and 57 reports of assault against a minor. That is what we appear to be trying to copy. We cannot risk creating a similar situation here. I ask the House to remember what happened to the views of migration around Europe when we saw the body of a drowned child on a Turkish beach. That is what would happen if such stories started to come out of a British offshoring facility.

The second problem with offshoring is its staggering cost. Australia ended up spending over £1 million per person detained offshore—around £4.3 billion for 3,127 asylum seekers. That is 25 times higher per head than what we spend now. We would expect to have many more applicants than Australia had. Last year alone we had 50,000 applicants. Despite what was said earlier, the Australians have learned the lesson. They have wound down their policy, shut down their processing centre in Papua New Guinea and have not sent any new asylum seekers there since 2014.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. My plea for Members to limit themselves to four-minute speeches simply has not worked. I point out to the hon. Member for Lewisham East (Janet Daby), who intervened just now, that I consider that she has now made her contribution, because there is not enough time for everybody to get into the debate. We will now have a formal four-minute limit. I call Sir John Hayes.

[Sir John Hayes]

I am grateful to you, Madam Deputy Speaker. Disraeli observed:

“How much easier it is to be critical than to be correct.”

Many of the amendments put forward by the Lords are carelessly critical. They are veiled, as these things so often are, in a thin covering of assumed moral superiority, but surely it is not moral to oppose a Bill that tries to make the asylum system fit for purpose. Surely it is not ethical to conflate illegal immigration with the immigration of those people who diligently seek to come to this country lawfully and to surmount the hurdles we put in their path, and who, having done so, take pride in making the contribution mentioned by the right hon. Member for Hayes and Harlington (John McDonnell).

Refugees from Ukraine

Eleanor Laing Excerpts

Wednesday 16th March 2022 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

As the House knows, we have an important statement at 3.30 pm. It would be expedient and good management if we finished this debate at 3.29 pm. There is not too much pressure. If everybody makes a speech of between seven and eight minutes, which is quite a long time, we will achieve that, and it would be courteous to the House if that were to happen.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

We are not doing very well on the seven to eight minutes, so let us try a little bit harder—for around seven minutes. I call Huw Merriman.

--- Later in debate ---

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I truly wish that it were a pleasure to follow the hon. Member for Bexhill and Battle (Huw Merriman). May I ask him to look at Hansard? I have already congratulated the staff in the Home Office hub, and in fact I took them on a tour last night because I thought they needed a break.

I think we all stand with Ukraine, and the one thing that we all want is for more Ukrainian people who are fleeing from the terrible atrocities and war in their country to be able to come here. The Home Office system is designed to keep people out; it cannot suddenly swing round and let lots of people in. It could if it chose to waive visas, but I do not think that that is going to happen.

I am sure that the Immigration Minister will welcome yet another update from me on the case that we have been working on together. My constituent is still in Warsaw, waiting for his visa to be printed and waiting to be told to go and collect it. His sister-in-law has now arrived there from Lviv. Because she applied later than him—he began his application on 12 February—he thinks that she will probably arrive here before him; or rather not before him, because he is a UK national, but before his wife and her daughters.

I am now going to speak for a few moments in my capacity as the Westminster Scottish National party spokesperson on disabilities. I have written to the Foreign Secretary asking for her help. The European Disability Forum has estimated that 2.7 million disabled people currently live in Ukraine, and they are disproportionately impacted by war and emergencies. They find it hard to gain access to medication, accessible transport and infrastructure, care, equipment and mobility aids, which creates barriers for them.

The regional governor in Kyiv, Oleksiy Kuleba, has raised concerns about the evacuation of people from hospitals, particularly those who have additional needs or require essential access to medication. I know that the admission of children with cancer to this country has been expedited, but there are many more folk who need help. As I have said before, in Westminster Hall, it is vital for the UK to take cognisance of article 11 of the United Nations convention on the rights of persons with disabilities. The hon. Member for Wellingborough (Mr Bone) talked about aid for foreign countries; we need to target aid more specifically at those with disabilities, and I hope that the Minister will say something about that today.

More generally, the First Ministers of Scotland and Wales wrote a joint letter to the Secretary of State for Levelling Up, Housing and Communities to agree that their countries will take part in the UK-wide scheme and to ask that folk be moved further and faster. They want to be super-sponsors, but I do not believe they have yet had an answer to their letter. I urge Ministers to provide a response.

I am conscious of time, so I will not speak for too much longer. The Refugee Council has said that the UK is not as welcoming to Ukrainian refugees as the EU countries are—the UK has to waive the visa requirement. The British Red Cross agrees that the quickest way of fixing the problems in the system would be to remove the requirement for a visa, which has been done elsewhere. According to the Disasters Emergency Committee, the most recent arrivals to countries surrounding Ukraine have few family ties, have nowhere to go and are deeply traumatised.

The number of lone children crossing the border is rising. I do not think anyone in this House disagrees with the need to safeguard children but, as a simple woman from Wishaw, I would say the best way to safeguard children is to get them here, and to get them here as quickly as possible.

I know that the Scottish Minister with responsibility for refugees, Neil Gray MSP, has been talking to the Under-Secretary of State for the Home Department, the hon. Member for Torbay (Kevin Foster). The people who stayed in Ukraine, in the hope of remaining in their own area, are now left with no alternative but to flee with very little.

I spoke at length in Westminster Hall about the bureaucracy and difficulty of applying for a visa. How can anyone fleeing for their life be expected to apply online for entry into the UK? I strongly appeal to both Ministers to get something done that actually improves the UK’s figures. The hon. Member for Bexhill and Battle said that Sweden has taken fewer folk than the UK, but Sweden is a country of 10 million people and, at the last count, the UK has more than 60 million people. [Interruption.] I am sorry if I have that wrong, but I will not get into a battle on this. I am just asking the Ministers, please review your systems. I know Home Office staff are working hard, and I appreciate how hard they are working, but they are working against a system that is designed to keep people out. Do something about that. Waiving visas is easiest, so think about it.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I know the hon. Lady did not mean to address the Ministers directly, so we will just pretend that she did it correctly.

An unusual thing has happened: two Members who had indicated that they wanted to speak are not here and are not going to speak. We can therefore go back to around eight to nine minutes. I am sorry to the hon. Lady and the hon. Member for Bexhill and Battle (Huw Merriman), both of whom were very brief, but such brevity is now not absolutely required.

--- Later in debate ---

[Huw Merriman]

On a point of order, Madam Deputy Speaker. The record will be checked, but I related the figures on resettled refugees and listed the numbers. It is on BBC Reality Check, and nothing is incorrect. If there is, BBC Reality Check is incorrect.

[Madam Deputy Speaker (Dame Eleanor Laing)]

There is clearly a disagreement here, which is why we are having a debate. Debates are about disagreement. This has been a polite debate so far, so let us keep it that way.

This is obviously not a point of order for the Chair, but the hon. Gentleman has put his point of view on the record. The hon. and learned Lady has done so, too, and I have a feeling she will do so again. If there is a disagreement, I hope she might take an intervention because it is not a matter for the Chair.

[Joanna Cherry]

If the hon. Member for Bexhill and Battle had taken interventions during his speech, we could have clarified it then. The key words are “per capita,” which mean “per head.” As I said, my hon. Friend the Member for Glasgow North East will set out those figures in her speech.

The single biggest thing the UK Government could do to ensure the efficient evacuation and resettlement of Ukrainian refugees would be to permit visa-free access to the United Kingdom, in the same way that our near neighbours such as Ireland and, indeed, all the member states of the European Union are doing. It seems to me that there are two reasons for the refusal to do this, and neither is tenable. The first is alleged concerns about security, and the second is dogma, by which I mean this Government are thrawnly clinging to their anti-refugee and anti-asylum seeker policies despite all the evidence that they are untenable because of the new order in Europe ushered in by Russia’s illegal invasion of Ukraine.

We debated these matters in Westminster Hall on Monday afternoon, and I put it to the Under-Secretary of State for the Home Department, the hon. Member for Torbay (Kevin Foster), that the Government’s security concerns are unfounded according to such a distinguished expert as Lord Peter Ricketts. Sadly, the Minister failed to address my point and instead resorted to a cheap and unfounded attack on the record of City of Edinburgh Council, and indeed my constituents, in rehousing people fleeing other war zones, particularly Syria and Afghanistan.

Fortunately, today’s debate will give the Minister the opportunity to set the record straight and, if he is able, to explain why his Government are pleading security risks against free access, despite expert evidence that such risks as might exist are small and can be managed safely without visas.

I pray in aid Lord Peter Ricketts, who is of course a former National Security Adviser. He spoke about these matters in the other place last week, and he was interviewed by Mark D’Arcy for “Today in Parliament.” He said:

“Security is always a matter of risk management—there is never zero risk.”

However, as these refugees are mainly women and children, they do not, in his opinion, pose a security risk. The UK Government therefore should not require visas, and they should do the security checks once the women and children are here. We have heard other speakers, and particularly my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), explain how that could be done.

Lord Peter Ricketts thinks we can do it, the European Union can do it and Ireland can do it, why cannot the United Kingdom? The Minister did not answer that question in Westminster Hall on Monday. He tried to deflect attention from his failure to answer that crucial question by attacking the record of local authorities in Scotland, including City of Edinburgh Council, which covers my constituency of Edinburgh South West. As so often with him, his attacks were unfounded in fact.

Let me take this opportunity to put the Minister right. The people of Scotland and our capital city of Edinburgh stand ready to welcome refugees from Ukraine, as we have always done. We have already heard about the generous offer from the Scottish Government. Since 2015, City of Edinburgh Council has resettled 585 Syrian refugees, the majority by the council but two households by Refugee Sponsorship Edinburgh, including a number of my constituents with whom I worked to get that sponsorship scheme off the ground. Those refugees have been supported by local partners such as the Welcoming Association in my constituency.

Since the fiasco of the UK’s withdrawal from Afghanistan last August, City of Edinburgh Council has accepted more than 200 Afghan refugees. City of Edinburgh Council has produced a plan to increase the number of refugees it takes each year. In fact, looking again at per capita, which means per head—

--- Later in debate ---

[Anne McLaughlin]

Madam Deputy Speaker, do I have time to take an intervention?

[Madam Deputy Speaker (Dame Eleanor Laing)]

Yes.

[Anne McLaughlin]

Do you know what? I think I won’t—I’ll just carry on. [Laughter.] Thanks for that.

I want to come to my final concern. Having served on the Nationality and Borders Bill Committee, I am well aware of this Government’s attitude to refugees. I am well aware that, as I said, they are being dragged kicking and screaming. Look at the warm words we heard for the Afghans who were fleeing; eight months later, most of them are still in those hotel rooms. Let us imagine the Ukrainians who come now being stuck in hotel rooms. We may think, “Fine, we know it’s not going to happen, because they’ve said it’s not going to happen,” but why is it happening to the Afghans? What about the people who are hiding in Afghanistan, Pakistan or Iran who we promised to help? There are 102 people in touch with my office and I have nothing to tell them. And what of all the other countries?

In the 1940s, my grandmother, Sadie Purdie, lived with my granda, Stuart, and, at the time, three children, in a flat in Greenock. They had one bedroom, one kitchen living room and one dovecot. There were five of them squeezed in, along with three pet rabbits. Her brother, his wife and their five children were sleeping in an unheated wartime Nissan hut, along with many other homeless families, and life was unbearable, so my granny insisted that they move in with her. So there were four adults, eight children and three rabbits in a two-room flat with a dovecot and an outside toilet. It is unimaginable, is it not? But do you know why she did that, Madam Deputy Speaker? It was because she needed to—because they needed her. The way she saw it, they could simply budge up. Why can we not do that? As we have heard, Wales and Scotland want to become super sponsors. Let us budge up and create room. We are a wealthy country and people need our help wherever they are coming from—and they need it soon, before something worse happens to them.

Let me finish by saying to the people who are opening their homes that it is wonderful that they are doing that but I want them to read up on the Nationality and Borders Bill. When they invite someone into their home, they will be emotionally invested in that person, whose trauma they will witness close-up. I want them to imagine that person, or someone just like them, arriving here after the Nationality and Borders Bill is enacted—if this Government get their way—and what being subjected to that law means. It means being offshored. It means being jailed. It means never being reunited with their husbands who are currently fighting for their country. I say to those people: rise up, protest and tell this Government, “Not in our name.”

--- Later in debate ---

[Mr Peter Bone (Wellingborough) (Con)]

On a point of order, Madam Deputy Speaker. This will take one minute and 30 seconds. It is important that the public realise that sometimes, when the House is not packed, it is not because it is not interested in what is happening. Today, there are Ukrainian MPs in the Palace, and hundreds of MPs have gone to see them. The last debate was very important and well attended, and those speaking in it made their constructive points in a very sensible way. We should, though, make the public aware that there were other things going on in the House at the same time.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I am extremely grateful to the hon. Gentleman for his point of order. I am happy to give him a direct answer. First, I agree with him entirely. It was noted earlier this afternoon that although we were having an extremely important and topical debate about Ukrainian refugees, the Benches were sparsely occupied. It is important to note—the hon. Gentleman put this very well—that in another room at that very moment, there were four Ukrainian Members of Parliament, who are most welcome here. Many colleagues, rather than being in the Chamber, had gone to that meeting, which I gather was extremely fruitful.

[Valerie Vaz (Walsall South) (Lab)]

Further to that point of order, Madam Deputy Speaker—

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will not take any further points of order, as it is 3.30 pm. I hand the Chamber to Mr Speaker.

Ukraine

Eleanor Laing Excerpts

Tuesday 1st March 2022 Commons Chamber

[Priti Patel]

I thank the hon. Gentleman for his kind words and comments. He is absolutely right that we will hear many more cases of elderly relatives and grandparents—that is a fact—which is why we have created the family route. I have also been clear that we will give those who come here access to public benefits and the chance to work. We have an established diaspora community in the United Kingdom that works in key industries and key locations, and we will build on that. The Government, and not just the Home Office, have had many offers from employers who absolutely want to help.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I thank the Home Secretary for so thoroughly answering a large number of questions. I have let this item of business run on for much longer than usual because it is so important and I recognise the strength of feeling in the House about it.

Points of Order

Eleanor Laing Excerpts

Tuesday 1st March 2022 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

On a point of order, Madam Deputy Speaker. I seek your assistance, because Mr Speaker has generously granted me the end of day Adjournment debate tomorrow on the effectiveness of the Vaccine Damage Payments Act 1979. In anticipation of that debate, I tabled a series of named day questions. As of today, seven of those have been outstanding for more than one week and one of them, which names the 1979 Act, has been outstanding for more than six weeks. That seriously inhibits my ability to properly hold the Government to account, because I need answers to those questions before the debate begins. What can you do to ensure that the Department of Health and Social Care delivers?

[Madam Deputy Speaker (Dame Eleanor Laing)]

I thank the hon. Gentleman for his question. What I can do is repeat yet again what Mr Speaker has said so often from this Chair, which is that when Members submit questions, they ought to be answered on time. There is simply no excuse for them not to be answered. I repeat most emphatically what Mr Speaker has said many times before, as indeed have all his predecessors and mine, which is that it is simply not acceptable that Departments, which have hundreds and hundreds of civil servants to do that job, do not answer the questions of Members of Parliament.

[Chris Bryant (Rhondda) (Lab)]

On a point of order, Madam Deputy Speaker. I am grateful that the Home Secretary has stayed in her place. This is not to have a go at her but to make a suggestion. Parliamentary privilege is there for an important reason, which is that we can speak without fear or favour. Often, it is there so that we can speak without fear.

I note that the European Union has been able to sanction some oligarchs faster than we have, not because of any lack of will in the UK but because it uses a particular mechanism called non-legislative acts that attracts a degree of privilege. For example, when it says that Alisher Usmanov has been sanctioned, and puts a little paragraph about why, it does not have to fear what may then happen in the courts. In the UK, however, Ministers understandably want to ensure that everything is watertight and that things are done properly, but they are also nervous that the way we do it means that they might be open to legal challenge, which would obviously be disastrous and very expensive.

I wonder whether there is a means of using parliamentary privilege to help the Government to do that more swiftly. If necessary, I would be happy to sit in permanent session in Westminster Hall with Ministers sending names and we will read them out, or they could be submitted as answers to a permanent daily parliamentary written question to a Minister to ask, “Who are you sanctioning today?”. Can the Clerk of the House and Mr Speaker have a conversation with Ministers in the Home Office and the Foreign, Commonwealth and Development Office as quickly as possible to see whether there is a way for Parliament to help the Government do it more swiftly?

[Madam Deputy Speaker]

I genuinely thank the hon. Gentleman for his point of order, which may even genuinely be a point of order for the Chair, because it is about the operation of parliamentary privilege and concerns matters that take place in the Chamber. The hon. Gentleman has set out his thesis clearly and I observe that the Home Secretary has paid careful attention to what he has said.

[The Secretary of State for the Home Department (Priti Patel)]

indicated assent.

[Madam Deputy Speaker]

The Home Secretary is nodding her assent to what I am saying. It is also clear that all hon. Members in this House and in Parliament want to achieve what the hon. Gentleman has described as a course of action. Indeed, the Home Secretary reiterated that this afternoon. I think even the Clerks might be nodding. I hope that now the matter is on the record, it can be taken forward in the most appropriate manner. I am sure that anything that Mr Speaker or his office, or his Deputies, can do to help will be done.

Bill Presented

Economic Crime (Transparency and Enforcement)

Presentation and First Reading (Standing Order No. 57)

Secretary Priti Patel, supported by the Prime Minister, Secretary Dominic Raab, Steve Barclay, the Chancellor of the Exchequer, Secretary Elizabeth Truss, Secretary Kwasi Kwarteng, Damian Hinds and Paul Scully, presented a Bill to set up a register of overseas entities and their beneficial owners and require overseas entities who own land to register in certain circumstances; to make provision about unexplained wealth orders; and to make provision about sanctions.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 262).

Nationality and Borders Bill

Eleanor Laing Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

[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?

--- Later in debate ---

If I have time, I would not mind saying a little about public order disqualifications. Do I have time for that?

[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.

--- Later in debate ---

[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.

--- Later in debate ---

The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

[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]

Is it about the Division?

[Mr Davis]

It is.

[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.

--- Later in debate ---

15:19

Division 141

Ayes: 234

---

Labour: 167
Scottish National Party: 40
Liberal Democrat: 11
Democratic Unionist Party: 5
Independent: 4
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alba Party: 2
Alliance: 1
Green Party: 1

Noes: 293

---

Conservative: 287
Independent: 1

[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?

[David Linden]

On a point of order, Madam Deputy Speaker.

[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?

--- Later in debate ---

[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—

[Stephen Flynn]

rose—

[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

--- Later in debate ---

[Stephen Flynn]

On a point of order—

[Madam Deputy Speaker]

Order. No points of order!

[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.

--- Later in debate ---

[Hon. Members]

Hear, hear!

[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.

--- Later in debate ---

[David Linden]

Will the right hon. Lady give way?

[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.

English Channel Small Boats Incident

Eleanor Laing Excerpts

Thursday 25th November 2021 Commons Chamber

[Priti Patel]

My hon. Friend makes some important points. We have removal centres for very good and strong reasons. They are for people with no legal right to remain in our country, and we have to put them in the removal centres as part of the process to move them on. The fundamental point here is the reforms that we are trying to bring in, which are being thwarted by the Opposition. By preventing these changes and reforms, they are playing into the hands of the people smugglers and those who are being put into the hands of the traffickers.

[Madam Deputy Speaker (Dame Eleanor Laing)]

And finally, the price for patience and perseverance goes to Duncan Baker.

[Duncan Baker (North Norfolk) (Con)]

Thank you, Madam Deputy Speaker. That will teach me to be last in.

The situation yesterday was an absolute tragedy, but the Home Secretary has made it absolutely clear that there is no single silver bullet to fix the problem. Does she agree that there are, broadly, three huge areas to cover? The first is international co-operation, which has to be there if we are to work with other countries. Secondly, domestic legislation has to be put in place, which is what we are doing through the Nationality and Borders Bill, to fix our borders and the broken asylum system. Lastly, we need the toughest possible measures and surveillance to crack down on the criminality of those gangs that are aiding and abetting the situation every day.

Child Sexual Exploitation: Bradford

Eleanor Laing Excerpts

Tuesday 26th October 2021 Commons Chamber

[Rachel Maclean]

I expect nothing less from my hon. Friend than for him to ask me to strengthen my commitment and do everything that I can as Safeguarding Minister and part of the Home Office—no doubt, with the support of the Home Secretary—to make sure that Bradford Council does what it should be doing, what is its moral responsibility and what is in its power to do. As I have said and I do not mind saying again before I wind up this debate, my hon. Friend can be sure that I will continue to follow this vital matter with a huge amount of close interest, because we all have a moral duty to safeguard the victims, who have been voiceless for too long.

I sincerely thank all Members who have contributed this evening. We have heard contributions from the hon. Member for Rotherham, my hon. Friends the Members for Shipley (Philip Davies), for Telford (Lucy Allan), for Wrexham (Sarah Atherton), for Ashfield (Lee Anderson) and for Thurrock (Jackie Doyle-Price), and my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill). Forgive me if I have omitted anybody; I am sure the good people of Hansard will fill it in.

Madam Deputy Speaker, thank you very much indeed for allowing us the time for this vital debate on an utterly appalling crime that is taking place in our society. In my role as Minister for Safeguarding, I am determined to ensure that we confront these crimes wherever and whenever they occur, and whoever is perpetrating them. I once more put on record the thanks of the whole House to my hon. Friend the Member for Keighley, for his commitment, courage and determination. I very much hope that people in Bradford are watching tonight’s debate and will consider the next steps.

[Madam Deputy Speaker (Dame Eleanor Laing)]

That was a powerful debate. The whole House clearly wants action to occur now. It is not often that we are all in such agreement.

Question put and agreed to.

Afghanistan Policy

Eleanor Laing Excerpts

Monday 13th September 2021 Commons Chamber

[Victoria Atkins]

In relation to the right hon. Gentleman’s first question about what people should be doing, I am trying to reflect the rapidly changing security situation in Afghanistan, so I would ask any Member of Parliament to consider very carefully whether they feel able to, or comfortable, giving people advice about moving to borders, because, with the best will in the world, we cannot hope to have the sort of information that, for example, those on the ground, those working with the armed forces and so on will have. The advice at the moment is to look at the gov.uk website. That is our primary source of information. We need to bear in mind, of course, that with anything we talk about, there is the potential that others are watching—bad actors and so on. Indeed, Members of Parliament should bear that in mind when it comes to their own correspondence; we heard the experiences of a colleague last week in relation to a fraudulent attempt.

Let me turn to the right hon. Gentleman’s second question, which was about the process. ARAP is organised by the Ministry of Defence, which has its lists of people and so on. With the citizens scheme, we are trying a blended approach. We want to use the United Nations High Commissioner for Refugees as we have done under the Syrian scheme, but we recognise that that only deals with people who are out of country in refugee camps, by and large. We also want to look at civil society. We are not proposing to open this up as an applications process, because there are 40 million people living in Afghanistan, and I suspect that the overwhelming majority of them feel pretty vulnerable for various reasons at the moment.

We will be working with international organisations, including non-governmental organisations, to invite people forward to the other two parts of the scheme. Bear in mind, of course, that some of the 500—[Interruption.] I suspect that the hon. Member for Rhondda (Chris Bryant) will get his moment. Some of the 500 or so people who have been evacuated under Operation Pitting may be eligible under this scheme. As I said, we are having to take this step by step, but we wanted to keep the House as updated as we could today, so that it is aware of the direction of travel.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I appreciate that the Minister is dealing with complicated and sensitive matters, and that she is anxious to give full answers to colleagues. She certainly is not avoiding questions, but is taking them head-on. Unfortunately, some of the questions are also rather long and complicated, so we have managed, in 40 minutes, to take questions from five Back Benchers. We will have to go a lot faster now, but in order that the Minister can give short answers, I need to have short and succinct questions. That way, we will cover everything eventually.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I welcome the statement. Many of those fleeing the Taliban will be highly skilled people who will want to integrate rapidly into the workforce so that they can become contributors, not just supplicants. Will the Minister unpack a little the £20,520 per person in core funding that she announced, and tell us what proportion of that she envisages being used for further education to enable people, where necessary, to upskill? What conversations has she had with her ministerial colleagues at the Department for Education to see what more colleges in localities can do to ensure that these people are able to do what they aspire to do, which is to enter the workforce and be contributors?

--- Later in debate ---

[Barry Gardiner (Brent North) (Lab)]

The Minister spoke about the ways the scheme will prioritise those who have assisted UK efforts, but what does “prioritisation” actually mean? Those who will be admitted on to the list of 5,000 in the first year need to know whether they are being prioritised, as that may affect their decision to travel to the border, or the way that people respond in Afghanistan, as well as those refugees outside it. The Minister will know that the criteria she set out would probably just about meet the 4,500 relatives of my constituents, every one of whom would qualify on that basis—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I know the hon. Gentleman has been waiting a long time, but we cannot have this. Members are meant to ask a question, and the Minister gives an answer. Not everyone has to ask all the questions that can be asked on this subject, just a question.

[Barry Gardiner]

My question is about what prioritisation means, who will be notified about it, how it will be determined, and whether there is any pre-filling of the lists, as is being rumoured in Whitehall.

--- Later in debate ---

[Victoria Atkins]

The hon. Gentleman may not have heard when I referred to the fact that we were looking at the Syrian resettlement scheme, which is widely regarded as being a success. That scheme was resettling 5,000 people a year.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I apologise to the hon. Member for Birmingham, Perry Barr (Mr Mahmood) for not having called him earlier. In all honesty, I could not see him because of this screen. Let us hope they do not have to stay here very much longer.

[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

I have a constituent who landed just before the blockade. Her father-in-law has been shot. She has got to the border a number of times. I have communicated with the embassy and with the Pakistani authorities to try to let her come through, but to no avail because the Afghans will not let her through on a British passport. Can we get through the Foreign Office, or the Home Office, some sort of indication to help those people? If not, can we use other available embassies to guide and support those people who are there with British passports?

Nationality and Borders Bill

Eleanor Laing Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Alberto Costa (South Leicestershire) (Con) [V]]

I am delighted to warmly welcome many of the measures outlined in this Bill, specifically those to make some well-reasoned amendments to nationality law and consequently our policy towards those wishing to become British citizens.

As the House will no doubt be aware, citizenship is often the smaller, quieter sibling of immigration policy. Successive Governments have often, and quite understandably, prioritised their focus and thoughts on immigration—how to control it, who to let in, why and when. The Government have done very well in reforming our country’s immigration policy in the midst of our exit from the European Union. We have reshaped our immigration system toward our country’s needs, which is the correct approach for a country navigating different waters in a brave new world as we move towards a global Britain on the world stage.

Previous Governments, however, have seldom thought about the part after immigration, and it is to this Government’s credit that they are now doing just that. Last year I had the pleasure of chairing an independent inquiry into UK citizenship policy with the highly regarded think-tank British Future; it included a number of colleagues from this House and experts from relevant stakeholders such as the Law Society of Scotland. The inquiry’s report, which is entitled “Barriers to Britishness”, sought to explore the means and capacity for possible reform in this often-forgotten area of policy to see how the UK Government could take a more welcoming and positive approach to those who have come here, built their lives here and made a significant contribution here.

It is often said that the journey to become a British citizen is too expensive or too complicated. However, I am pleased that the Government have taken on board a number of my inquiry’s recommendations. As a result, the Bill goes some way towards simplifying the process of becoming a British citizen. For those applying for citizenship, the introduction of the requirement for applications to show a sustained connection to the UK was one of my inquiry’s key recommendations. That is reflected in clause 8. It comes at the expense of the previous requirement for applicants to prove that they were physically present in the UK five years before their application. That helps to remove a barrier towards Britishness while reducing the need for applicants to rely on costly legal advice for their application. The clause may also benefit non-British members of the armed forces, who might serve abroad for protracted periods.

Clauses 1 to 4 remove some of the remaining anomalies associated with British overseas territories citizenship, allowing mothers and unmarried fathers to pass on BOTC status, which could previously be passed on only by a married father. That introduces a most welcome route to full citizenship for those who hold BOTC passports in 14 qualifying territories, including the Falkland Islands, whose residents, as we all know, have as much a sense of being British as those living here in the UK.

Another welcome change is outlined in clause 7, which creates a new process for the discretionary registration of adults as British citizens in circumstances when they would otherwise have become British had it not been for historical unfairness in the law, an act or omission of a public authority, or other exceptional circumstance. As the House will be aware, the Home Secretary already possesses the power to grant citizenship on a discretionary basis to children. However, by extending that right to adults, the Bill will benefit those such as the Windrush victims who have been stranded abroad or young adults who have grown up in care and whom the local authorities neglected to register as British as a child, or registered them under the EU settlement scheme.

The Bill, in making those amendments to nationality law, goes a long way towards simplifying the citizenship process for those who wish to be British. There are, however, further areas of citizenship policy to which I and the inquiry have recommended changes, not least the cost of a citizenship application. The cost of becoming a British citizen is £1,330. Let us compare that to the cost in Australia, which is £155; in Canada, which is £373; in New Zealand, which is £243; and in the United States, which is £590. I would be most grateful if the Minister explained why the cost of an application is extremely high, compared to the cost in those countries. I urge the Government to consider a much more reasonable application fee and reduce that further barrier to becoming a British citizen.

Overall, I welcome the Government’s proposals to make the offer of citizenship more open and accessible. I hope we can go further in ensuring that those who have chosen the UK in which to work and build their lives, and who have made enormous contributions, have that matched by the offer of citizenship. I will support the Government’s Bill this evening.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We begin with a time limit for Back-Bench speeches of six minutes.

Nationality and Borders Bill

Eleanor Laing Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Debbie Abrahams]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I hesitate to interrupt the Home Secretary, but does the hon. Lady have an actual point of order?

[Debbie Abrahams]

As the Home Secretary is very eloquently saying, this is an incredibly important piece of legislation, and the lack of opportunity to hold the Government to account on it is a source of real concern. Can she invite—

[Madam Deputy Speaker]

Order. That is not a point of order. We are starting a debate, the purpose of which is to allow this House to hold the Government to account. We will be doing so until 10 o’clock tonight, and then again tomorrow. That is not a point of order, and the hon. Lady knows that.

[Priti Patel]

This is an important Bill, and it is right that we have given the House plenty of time to debate it.

We are seeking to achieve systematic, end-to-end reform of this system, but it is complex—it is absolutely complicated. Throughout this debate and in Committee, I hope all hon. Members will reflect on some of the points that have been made by Government Members. Over decades, we have found anomalies in our system. I have mentioned Windrush, tribunals and many of the processes that we want to streamline, which will of course deal with efficiency and productivity in case management.

Fundamentally, the new system will be fair to those who need our help and support. Everyone who plays by the rules will encounter a new system that is fair but firm. As representatives of the British people, we will be finally in control of many of these highly challenging issues that many successive Governments have sought to address in different ways, but now this Government are committed to fixing the broken system.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Before I call the shadow Home Secretary—[Interruption.] I would be obliged if the hon. Member for Bermondsey and Old Southwark (Neil Coyle) did not speak loudly while I am on my feet. He can heckle other people, but he should not be heckling the Chair. I draw to the House’s attention the fact that there is obviously a very large list of people who wish to take part in this important debate. Therefore, there will be an initial time limit of four minutes, which will be reduced to three minutes at some point, depending on how fast we proceed.

--- Later in debate ---

[Nick Thomas-Symonds]

The Home Secretary shakes her head, but in the 2019 report “Responding to irregular migration: A diplomatic route” the Foreign Affairs Committee warned of exactly that:

“A policy that focuses exclusively on closing borders will drive migrants to take more dangerous routes, and push them into the hands of criminal groups.”

The Home Secretary should remember that because she was a member of the Committee at the time and her name is attached to the report.

While we are debating—or at least should be debating—a plan for refugees, we should cast our minds back to last week and the failure to restore the 0.7% commitment to international aid. The Department for International Development was tasked with delivering help to countries to tackle poverty and the drivers of people becoming displaced from their homes in the first place. The abolition of that Department was wrong and short-sighted. The work that was going on around the world to tackle the refugee crisis has been starved of funds, with programmes suddenly cut off. Our reputation around the world as a force for good has been damaged. The Government should restore the Department for International Development and restore spending to 0.7%.

The Bill is as wrong as it is ineffective. It will not tackle people smugglers, and it will not protect victims of human trafficking. It is, in reality, a continuation of this Government’s culture war. It is a culture war that led them to side with those booing the England men’s football team for taking the knee. Instead of supporting that brave stance against racism, the players were dismissed as taking part in “gesture politics” by the Home Secretary, and were told to stay out of politics altogether by other Conservative MPs. Last week, the Government refused to live up to their promises on international aid, and they ran away from their own failure to stand with football players against racism. This week, they promote more division with this Bill. As ever, they talk tough, but deliver nothing.

As it stands, the Bill is a charter for human trafficking. It is a missed opportunity that represents the worst of all worlds, lets evil criminals off the hook, and fails those who have been exploited. The cruel irony of this Government’s approach is that they are weak on taking action against criminal gangs, and brutal when it comes to orphan children from war zones. I ask all Members of the House to reject the Bill in the vote tomorrow.

[Madam Deputy Speaker (Dame Eleanor Laing)]

To reiterate, I am sorry but we have to start with a time limit of four minutes, simply because so many Members wish to participate in the debate. I call Mrs Theresa May.

--- Later in debate ---

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call the hon. Member for Cardiff North, I should tell the House that after the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), the time limit will reduce to three minutes. With four minutes, I call Anna McMorrin.

--- Later in debate ---

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

It is crucial that we restore trust in our immigration system. Our asylum system is in desperate need of reform and our constituents rightly expect it to be fixed.

In only the past year, 16,000 people have entered the country illegally, and those are just the ones we know about. Some of those people are genuinely fleeing persecution and need our support, but others are not, and they may abuse the legal system by making repeated vexatious and often last-minute claims, challenging the Home Office’s ability to remove individuals lawfully in those cases and costing taxpayers a lot of money. That also creates a severe backlog, which delays the processing of genuine asylum cases and slows down our judicial processes.

Most worryingly, there are now 10,000 foreign national offenders in circulation outside prisons in the UK whom the Home Office are intent on deporting but cannot because of legal barriers. I welcome the fact that the Government’s new plan for immigration will speed up the removal of these dangerous foreign criminals. Any foreign national who comes to this country and abuses our hospitality by breaking the law should be in no doubt of the UK Government’s determination to deport them.

When assessing the needs of individual asylum claimants, knowing the age of applicants is really important for ensuring that children get protected and properly looked after. The UK is currently one of the very few countries in Europe that does not commission or employ scientific methods of age assessment when determining how old these young people are. As a consultant paediatrician, the welfare of children is of the utmost importance to me. As a doctor, I have participated in the past in the assessment of asylum-seeking children, and the current system in place is nowhere near accurate enough for making such crucial and important decisions. I welcome the fact that the Bill will enable the use of scientific age assessment techniques, and that there will be increased research into their accuracy, so that we can best direct our efforts to support the youngest and most vulnerable people.

Finally, the Bill addresses a number of anomalies in the system of British nationality law. Behind each of these anomalies is a person and a family, and I am pleased to see a change in the law that I have lobbied for since 2019: nationality for children whose fathers are not the husband of their mother at the time of their birth. One of my constituents, who has served this country on military operations, was shocked to discover that he was unable to get British citizenship for his son, despite the fact that he is British and the son was born in Britain. This is because his European mother was still legally married to a foreign national at the time of their son’s birth, and under the current legislation a child’s father is legally deemed to be the husband at the time the woman gives birth. However, in this particular case my constituent is the father in all biological, emotional and practical terms.

New measures in the Bill will provide an entitlement to British citizenship for people who were previously unable to acquire it because their mother was married to someone other than their biological father at the time of birth. This will fix an outdated rule and ensure that my constituent and many others can rightfully pass on their nationality to their children. I am pleased to support this Bill.

[Madam Deputy Speaker (Dame Eleanor Laing)]

For the sake of clarity, I ought to reiterate what Mr Speaker said to the House earlier today. As the right hon. Member for Doncaster Central (Dame Rosie Winterton) has been required to self-isolate and therefore cannot take her usual place in the Chair, the hon. Member for Bradford South (Judith Cummins) will shortly be taking the Chair having been appointed a temporary Deputy Speaker, and I hope that the House will be gentle with her.