Nationality and Borders Bill

Gareth Bacon Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Gareth Bacon (Orpington) (Con)]

This Bill, of course, reflects a manifesto commitment from the Conservative party at the last election—a manifesto that delivered an overwhelming majority for the Conservative party and a mandate to do precisely what we are doing today.

Since last spring, a great many of my constituents have been alarmed by a still ever-increasing number of migrants making the dangerous channel crossing. They are troubled by the risk to life, the reprehensible actions of illegal gangs exploiting vulnerable people and the challenges of protecting our own borders. This Bill meets all three key concerns of my Orpington constituents for reasons that I will set out, so I will be strongly supporting it this evening. Before I begin, however, I would like to pay tribute to Border Force personnel for all the work they do to save lives and keep our country safe—thank you to them.

This Bill is necessary because conflict and instability have displaced hundreds, if not thousands—or, indeed, millions—of people over the past few decades. In 2015 alone, more than 1 million migrants crossed into Europe. Over the last three years channel crossings have increased: 1,900 made this journey in 2019; that quadrupled in 2020 to over 8,400; and in the last six months alone, it has reached almost 6,000.

[Jonathan Edwards]

The House of Commons Library briefing on this issue indicates that, at the beginning of the century, the number of asylum claims was about 84,000 a year, which went down to 36,000 in 2019, the last year before the pandemic. Is not this narrative of a deluge of asylum seekers somewhat overstated by the Government?

[Gareth Bacon]

I do not believe so, and I do not recall using the word “deluge”. It is undeniably a problem, and it is one of the largest things to feature in my inbox on a daily basis.

This has been exacerbated by criminal gangs that are making an immoral profit from human smuggling and trafficking. Critically, migrants are crossing through safe European countries and refusing to claim asylum there. In ever growing numbers, migrants are being drawn to this country, and the situation is becoming unsustainable. The UK is one of the world’s most generous countries for refugee resettlement, and that is right.

[Duncan Baker]

My hon. Friend is making a wonderful speech. He has made two points that I have sat up at. The first was that it was a manifesto commitment to get this piece of legislation delivered. The second was that his inbox is full every single day with queries relating to the Bill. Is it not the case, therefore, that the British public overwhelmingly want to see this issue dealt with? It dominates the news every single day. That is why the Home Secretary is bringing this piece of legislation to get it dealt with once and for all.

--- Later in debate ---

[Gareth Bacon]

I agree with my hon. Friend entirely. Having listened to the debate on the monitor in my office, I have to say that the tone and content of some of the speeches from the Opposition underline and reinforce why they are the Opposition and not the Government.

Analysis has shown that many migrants might actually be economic migrants and not genuine refugees. Without this Bill, our asylum system is in danger of being continually abused, so we must take steps, as my hon. Friend has just said, to protect our own borders. Part 2 of the Bill, which deals with asylum, is understandably vast, so I will focus on some specific points arising from it. It is remarkable that all claims made by asylum seekers are processed in a homogeneous way and that there is absolutely no distinction between those who have entered the UK legally or irregularly. Some 62% of applicants in the 12 months ending September 2019 entered irregularly.

It is surely common sense that those who have respected our laws and entered our country via legal routes should be on a different footing from those who have sought more clandestine access. Clause 10 will change things by allowing for such differentiation to occur while making the distinction that all genuine refugees will continue to be afforded the same protections under international law. This will in turn help to deter people from making dangerous crossings. Clause 26 will make possible removals to a safe third country while an asylum claim is being heard, further deterring activities that put lives at risk and, in several tragic cases, claim them.

Clause 41 in part 3 is a key part of the Bill, because it gives more powers to Border Force to meet the specific circumstances faced. The problem, as I have said, is severe. Not only are criminal gangs responsible for facilitating these crossings, but they show no signs of stopping and are growing ever more expansionist, using larger vessels and carrying more people.

Migrants crossing in small boats have thus far been intercepted and brought back to the UK to have their asylum claims processed. At present, enforcement powers do not extend to ships in foreign or international waters, and clause 41 would change that by giving Border Force the ability to require migrant vessels to leave UK waters and deter them from our shores. The clause also provides for controlling the vessel and returning it to a safe country—most likely in these instances where it originated from, so the northern beaches of France or Belgium, or any other country accepting disembarkation.

Those who oppose the Bill have claimed that by legislating in this way, the UK would somehow be acting in breach of the 1951 UN refugee convention. That is false. It is fully compatible with all international obligations and conventions. The 1951 convention allows for different classifications where a refugee may not have come directly from a country of persecution. In this instance, if migrants have already transited through a safe European country where they could have claimed asylum, their return is not inconsistent with the convention. Who here in this House would consider France, Belgium, Germany or Italy not to be safe countries? If someone had been in a country where they have seen the worst atrocities possible, they would be lucky to settle there.

[Christian Wakeford (Bury South) (Con)]

My hon. Friend has made a very important point about travelling through safe countries, but does he not agree that these asylum seekers are not just travelling through one safe country? They are very often travelling through many safe countries. Essentially they have a shopping trolley as to what they want in this economic migration, so the best way to deal with this is to do so up front and have a meaningful policy, which is what the Bill is here for.

[Gareth Bacon]

I do agree with my hon. Friend. It is a fact that people will travel, often by land, through several safe countries to get to the border of northern continental Europe, thereby to embark for Dover or other parts of southern England.

The simple truth of the matter is that between 2016 and 2019, the UK settled more refugees from outside Europe than any other EU member state. Similarly, safe and legal routes for those needing protection or to reunite with their families still exist. More than 5,400 family reunion visas were issued to partners and children, and more than 29,000 family reunion visas have been issued in the past five years. There have been claims that the Bill reduces support for victims of human trafficking, which would be shocking if it were true, but part 4 of the Bill actually strengthens protections for victims of human trafficking and will be supported by a package of non-legislative measures as part of the new plan for immigration to provide enhanced support for victims.

The public, including my Orpington constituents, want strong but fair border controls. The Bill is about creating a fairer asylum system, both for those who need aid and for the British public. It does just that, and I congratulate my right hon. Friend the Home Secretary and her Ministers on introducing it.