Nationality and Borders Bill

Debate between John Hayes and Bambos Charalambous

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Bambos Charalambous]

Criminalising people who have come to this country irrespective of what they have left behind makes them criminals. What law have they broken when they are seeking refuge here?

What we have seen playing out in the channel crossings over the past few days occurred because the Government have closed down all safe routes for refugees to travel to the UK for protection. People are being driven to make dangerous journeys because they are out of options. To this callous Government, it is all a game—pure theatre. The Tories use all migrants, an ever-easy target, as a distraction from their own institutional failings and the gross inequality that falls upon their citizens.

The Bill does nothing to propose refugee resettlement or family reunion routes and will only put more pressure on Britain’s broken asylum system. About 10% of arrivals are expected to be unaccompanied children. The Government should be properly addressing the issue of safe routes for claiming asylum and helping unaccompanied children. Penalising refugees is a clear breach of article 31 of the refugee convention, but even more disconcerting is that clauses 27 to 36 seek to interpret the refugee convention to suit the Government’s whim. Unilaterally deciding how international law should be interpreted never ends well for the Government. The reason they feel the need to do so here is that they know they will be humiliated when those clauses are challenged. Once again, it is not so much a case of marking their own homework; more a case of being judge, jury and executioner.

One thing the Bill will almost certainly do is ensure that people seeking asylum here are kept longer. Whether through imprisoning asylum seekers for four years in our prisons or detaining them in barracks, that is an awful lot of money to spend on something that is not going to work. I dread to think what impact that will have on our creaking criminal justice system. Again, we have not seen the sums. Why not? Surely the Home Secretary will have cleared this with the Chancellor and costed it?

[Sir John Hayes]

Will the hon. Gentleman give way?

[Bambos Charalambous]

I am conscious of time. I have to sit down in three minutes.

The Law Society of England and Wales warned yesterday that the Bill risks putting England’s global reputation for justice at risk—shameful. This is the Government who are reducing the country’s global standing so significantly. As if the inhumanity in the way the Government propose to treat asylum seekers is not bad enough, they go further by deciding to punish victims of modern slavery. The Bill peddles the Government’s signature toxic politics of fear and hostility by changing the standard of proof for determining if someone has a well-founded fear of persecution and making it more difficult for people to be recognised as victims of human trafficking. Despite choosing to start by disbelieving trafficked victims, there is nothing in the Bill about setting up a national operating standard procedure to train those whose first point of contact is clearly to identify victims of modern slavery. Why is that not in the Bill? Once again, it is just like the Queen of Hearts: sentence first, verdict afterwards.

We should most definitely be going after the traffickers and people-smuggling criminal gangs, but without international co-operation we will struggle to do that. The Bill is high on rhetoric, but low on action. Without introducing any safe routes, the Bill will be a boon for the international criminal gangs and a boost for their profits. Rather than breaking the business model, the Government have breathed new life into it by pushing people further into the arms of smugglers. Having reduced our ties with Interpol and tarnished our reputation with the international community, we have lost the soft power that things such as our commitment to international aid bought us.

We have been asking for safe routes to replace Dublin III since last year, but we have had nothing from the Government. Meanwhile, the Bill gives the Secretary of State new powers to act like the playground bully in delaying or suspending visa processing for citizens of countries that she believes are unco-operative with removals. In all honesty, if the Government seriously think that that will work in getting international co-operation, they are deluded. It is the same desperate politics that created the hostile environment and the Windrush scandal. Labour strongly opposes this misleading and deeply flawed legislation, and urges the Government to engage responsibly in a debate that recognises the humanity of those who have to flee their homelands and seek protection, no matter how they arrive in the UK.

This Bill is nothing more than a house of cards. It does nothing to address the crisis in our asylum system. It is deeply flawed and will end up collapsing if there are no bilateral agreements with our EU neighbours. We on the Labour Benches will be opposing the Second Reading of the Bill.

Short Prison Sentences

Debate between John Hayes and Bambos Charalambous

Thursday 7th March 2019 Westminster Hall

[Sir John Hayes]

Yes, but if we look at the number of crimes committed in the year of my birth, 1958—I know that is hard to believe, but that is the year—compared with the number of crimes committed now, in almost every category crimes have grown. The number of homicides, for example, in that year, the number of violent crimes in that year, the number of sex-related crimes in that year—if the Minister looks at the figures, which by the way are available from the Library, he will see that in all those categories and many others, the number of crimes has grown immensely over my lifetime, the period I mentioned at the beginning of my remarks.

I want to address the specifics of the debate introduced by the hon. Member for Lewisham West and Penge (Ellie Reeves). It is useful that she has brought this matter to the attention of the House, because the figures from the Minister’s Department make clear that the effect of doing what I understand the Minister has advocated, and with which others may agree, would essentially be that 34,000 offenders who currently go to prison would no longer do so. Roughly speaking, 30,000 of those are repeat, not new offenders. Their offences include burglary, theft, public order offences and weapon and drug possession, as well as drink-driving and other similar things.

Those are not offences that most members of the public would regard as inconsequential, slight or not a cause for worry—far from it. I suspect that the vast majority of our constituents would anticipate that those sorts of things should attract a prison sentence. If any hon. Members take the opposite view, I would be happy to debate with them in their constituencies on a public platform, and see who held the majority view and who was seen to be on the margins. I wonder whether the hon. Member for Enfield, Southgate (Bambos Charalambous) is on the margins; I will give way to him.

[Bambos Charalambous]

I thank the right hon. Gentleman for giving way. He has just said that there are 30,000 repeat offenders. Those are people who have already been to prison, so clearly that would indicate that prison has not worked for them and we should look at other forms of punishment. Does he agree that prison is not the only form of punishment that would act as a deterrent, and that other options might work better and stop people being recycled into prison?

[Sir John Hayes]

I mentioned recidivism a moment ago, but since the hon. Gentleman was clearly listening, I cannot have made myself clear. I did not say people who had been to prison once; I said repeat offenders. These may be people who have had other kinds of sentences and then gone to prison, because very often, for a first offence, people do not go to prison; they go to prison for a second or later offence. When I speak of repeat offenders, I do not necessarily mean people who are in and out of prison regularly. It is very important to be precise about these things.

The problem with that kind of policy is not only what it would do to public faith in criminal justice, on which it would have a devastating effect—in its response to the Government’s proposals, Civitas, the think-tank, says that it would unleash a crime wave on hundreds of thousands of citizens—but that it would reinforce the idea that prison cannot work. We have profound problems at present; the Minister is aware of that and has spoken very openly and straightforwardly about it. The hon. Member for Enfield, Southgate has just alluded to those problems—prisons becoming universities of crime, where people who go in are worsened by the experience, rather than rehabilitated.

Even from the rehabilitative perspective, therefore, prison is not doing what it could, but that is not a good enough reason to say to the public, “We are worried about sending people to prison, because they might get worse, so we will leave them on the streets.” That cannot be the signal that this place or this Government want to send. Let us get our prisons right, not be embarrassed or ashamed to send people there.