Illegal Migration Bill

Iain Duncan Smith Excerpts

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[Robert Jenrick]

I think that my right hon. Friend and I agree that the point at which individuals misuse the NRM is the point at which the state tries to remove them from the country. Our concern is that there is a significant increase in the number of people misusing the NRM—and the good work that my right hon. Friend has done on this issue—to bring about a spurious, frivolous, last-minute way of frustrating their removal from the country. So the statistics I referred to are the most relevant statistics, because that is the point at which individuals are in the detained estate for the purpose of removal. Their removal from the United Kingdom is imminent and we are seeing a very high proportion of them using the NRM to try to delay that removal. Delay, as she knows from her great experience, is particularly relevant, because once someone has delayed their removal, they are liable to be bailed and to go back out into the community. Some will be very difficult to bring back into the detained estate, or may abscond and never be seen again. Even under the current system, that makes it extremely difficult to remove people.

Under the scheme envisaged by the Bill, we will seek to remove many of those people to a safer country such as Rwanda, while today we predominantly remove people back home to their own countries, such as Albania and Romania, so the incentive to misuse the NRM will be significantly higher. It is reasonable to assume that a very large number of individuals will make use of that as a route to frustrate the scheme. As I said earlier, that risks driving a coach and horses through the purpose of the Bill, which is a swift and speedy form of removal to act as a deterrent to prevent people making the crossing in the first place.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

There are two elements here. First, the whole system can be massively speeded up, which is a fact of the NRM, straightaway. That was an obligation I was meant to have been given in the previous Bill, but it was never brought into the guidance. But the main point here is that nothing that happens outside the UK can be evidenced on this particular point. We are talking about the Minister’s fear that people are departing to within the UK and then subsequently making a claim. The real problem with the Bill right now—he knows I have concerns about this—is that much of the prosecution process against the traffickers can take place only because of the evidence given by those who have been trafficked. On Report, the presumption in the Bill suddenly changed dramatically—it was done without any notice. There is now a presumption that they do not need to be here at all, other than if there is some evidence that somehow they do, whereas before it was that in order to get that evidence, they do need to be here. Why are we knocking out the amendment, rather than amending it and specifying which categories are exempt? He runs the risk of people not giving evidence and not co-operating with the police, and us not getting prosecutions. If they are going to be cleared out of the UK while giving evidence—this is the point—the reality is that they will stop doing so, because they will be in danger of being picked up by the traffickers again outside the UK. Will he therefore rethink this and put something on the face of the Bill to define those who are exempt?

[Robert Jenrick]

First, I am grateful to my right hon. Friend and to my right hon. Friend the Member for Maidenhead for their advice and wise counsel. We have sought to make changes and to listen to their point of view. That is why we brought forward two significant changes. One, as I have outlined, with respect to retrospection, means that the cohort of individuals who entered the United Kingdom from 7 March to Royal Assent who have not been in the detained estate and are then, if you like, in the community at large—in many cases they are living in supported accommodation and in some cases are liable to exploitation by human traffickers and other criminals—will now not be included in the full extent of the Bill’s provisions and so can be supported in the ways that my right hon. Friend the Member for Chingford and Woodgreen wishes. That has significantly reduced the pool of individuals he has concerns about. We are also—I will come on to this in a moment—committing to bringing forward statutory guidance, which I hope will provide further reassurance on the question of how law enforcement authorities would interact with victims of modern slavery to ensure that they can be appropriately supported, and have the time they need to recover and bring forward their claims so that we can all achieve our shared objective, which is the prosecution of human traffickers.

--- Later in debate ---

[Robert Jenrick]

It is our intention that the statutory guidance will be provided and in place for the commencement of the Bill. I hope that that also answers the question of my right hon. Friend the Member for Chingford and Woodford Green about the fact that he feels that previous assurances in prior legislation were not fully delivered.

[Sir Iain Duncan Smith]

I welcome some of the moves the Government have made and I support the principles of what the Bill is trying to do. However, this is a really significant problem of the Government cutting off their nose to spite their face. The positive we have is that when victims give evidence and a prosecution takes place, it cuts down the likelihood that traffickers will be allowed to traffic boats across. When that is turned around, it contradicts the purpose of the Bill. The point I made to the Minister earlier was that the sudden change to the presumption power of the Secretary of State is really where the problem arises. Surely the way to deal with that is not through the guidance mechanism, but to ensure, on the face of the Bill, that that presumption is restricted, and clearly restricted. He talks about the intention of the guidance. I was given that assurance on the other Bill in December. No guidance emerged subsequently so he will forgive me, having sat in Government myself, if I do not always take the word of the Government absolutely as a categorical assurance. The only way we can get this is by doing something on the face of the Bill. The amendment, as amended, would really help enormously to reassure people and achieve the Government’s objective, which is more prosecutions and fewer boats.

[Robert Jenrick]

I understand my right hon. Friend’s position, but I hope he will accept that we intend to bring forward the statutory guidance and that it will set out the points I have just described. They do accord with ECAT. I appreciate that there are those who would like a longer period than 30 days, but that seems a reasonable place to settle, given that that is what the framers of ECAT themselves chose as the period for recovery and for bringing forward claims.