Illegal Migration Bill

John McDonnell Excerpts

Tuesday 11th July 2023 Commons Chamber

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

Thank you, Madam Deputy Speaker. I will endeavour to be swift and to the point. Like the hon. Member for Westmorland and Lonsdale (Tim Farron), I must draw the attention of the House to my entry in the Register of Members’ Financial Interests as someone who is sponsored by the Refugee, Asylum and Migration Policy project—RAMP—to provide research capacity.

As the Minister outlined, the UK has proved willing to rise to the challenge of the international refugee situation, with 550,000 people settled in the UK through humanitarian routes. In 24 years in a local authority covering the area of Heathrow airport, I certainly have experience of being on the receiving end of many different sets of Government policy—not just from the coalition and Conservative Governments, but from Labour Governments, too—many of which sounded very good when debated in this place but which did not always work in contact with the real world. I would express the concern that until we have a fully comprehensive asylum visa system, we will not have full control of the way in which we interact with the global refugee situation.

I want to see this policy pass through Parliament and be implemented in a way that works operationally to stop the boats and deliver all the other objectives that Members throughout the Chamber broadly support. There are clearly plenty of disagreements about the detail, but none of us wishes to see the continuation of the cross-channel traffic in human misery and criminal activity that the Bill seeks to address. I know that my constituents share the concern, beautifully expressed earlier, about the fact that we, as British people, believe in the fine old British tradition of queueing. When we see people using criminal means to jump that queue at a time when our country is seeking to be more compassionate through resettlement in a global world, we are concerned about that.

I remain concerned about a number of aspects of how the Bill will operate in the real world. It is enormously positive that the courts decided, having considered the matter, that the Rwanda policy was lawful and compatible with the UK’s international human rights obligations, but we cannot provide sufficient evidence of the effectiveness of one element of our agreement with Rwanda. That element is one example of the things that could, operationally, derail what we all agree are worthy objectives in the Bill. I took part in the Joint Committee on Human Rights evidence session that considered modern slavery in detail, and that has convinced me to follow the lead of my right hon. Friend the Member for Maidenhead (Mrs May) this evening.

We need to ensure that we live up to the standards we have set for ourselves in this House, and that the positive obligations that much legislation, including the Modern Slavery Act 2015 and the Children Act 1989, places on our public authorities do not undermine the objectives of the Bill. Detention is a good example of that. I totally agree with what the Minister said about his approach to the detention of unaccompanied minors. A major challenge for Hillingdon Council was the arrival of unaccompanied children at Heathrow airport. The right hon. Member for Hayes and Harlington (John McDonnell) will know that many of them were accommodated in his constituency, at Margaret Cassidy House and at Charville Lane children’s home, both of which I visited.

It was at the point of arrival that those children were at the greatest risk from traffickers. The right hon. Gentleman will remember examples of traffickers arriving on Bath Road to collect girls whom they had targeted for trafficking. We as the local authority were powerless to stop that, because there was no power of detention that we could use to keep those young people safe. In one case that I am aware of, Hillingdon recovered a girl from the sex trade on the continent of Europe, after six months of tracking her from place to place. During that time, she suffered a great deal of abuse, which potentially could have been prevented if we had been able to intervene more swiftly at the beginning.

I am entirely sympathetic to the Minister’s motivations for introducing provisions on that issue, but these questions need to be answered: who will ensure that the places where those children are accommodated and detained are of an appropriate standard? What discussions have taken place with local authorities, such as Hillingdon and Kent, to ensure that a secure estate, based perhaps on secure children’s homes, is available, so that the children coming through the system can be appropriately accommodated? What arrangements have been made with Ofsted—in my view, it is Ofsted, rather than the chief inspector of prisons, that needs to regulate this—to ensure that regulation will give us confidence that the accommodation for children, and for families, is appropriate for children?

Finally, I have asked this question many times, but I do not get the sense that we have reached an appropriate answer. The Bill sets out how individuals are to be dealt with under the asylum and immigration process, but it does not take away the obligations on local authorities under the Children Act, the Children (Leaving Care) Act 2000 or the Modern Slavery Act, or the other many obligations on local authorities. Members will say, “Let us pass this legislation and demonstrate that we are tough, and wish to stop the boats,” but in six months, will we be looking at a slew of judicial reviews that say that the policy was in conflict with the obligations on local authorities and the police under the Modern Slavery Act and the Children Act, and is therefore not effective?

If the Minister wishes to enjoy the full confidence of all Conservative Members, and wishes them to vote with the Government tonight and over the next few days, I urge him to address those points. Literally decades of policies from Governments of all parties have not quite managed to get to the heart of these issues. He must demonstrate that this policy will do that, and that it has properly covered all bases across government. He must demonstrate that the policy does not leave us vulnerable to finding that the boats do not stop coming; that the frustration of the challenges continue; and that people continue to die. This country wishes to show that it will not walk on by and ignore the needs of refugees, that we will be compassionate, and that we will prioritise our resources on international and global resettlement.

[John McDonnell]

I, too, want to focus on the issue of children. The hon. Members for East Worthing and Shoreham (Tim Loughton) and for Westmorland and Lonsdale (Tim Farron) discussed the coalition Government effectively banning the detention of children in 2014, which we all welcomed. I was part of the campaign to achieve that ban, because of my experience of the detention of children in Harmondsworth detention centre in my constituency. I visited those children, and when we explained to the world what they were going through, how they were traumatised and what impact that was having on them and their families, the world recoiled. We decided we would never have such a regime again, but my fear is that, gradually and incrementally, we are reverting to it. That is why I support Lords amendments 8, 50, 51, 31, 33 and 89.

First, I am concerned that we are bringing forward legislation that makes it inadmissible for unaccompanied children who come via the channel route to apply for asylum. Yet 96% of them, I think, actually get refugee status, which shows what need they have.

I am also worried about what happens to children who are detained. I am concerned that we are potentially reverting to the brutal regime of the past. When children were detained in detention centres and even other accommodation, the mental health impact was gauged as extremely severe, and it was lasting. Today, we have seen the amendment that the Government have brought forward on the time limit for detention, increasing it from 24 hours to eight days—as others have said, it is eight days before someone can apply for bail to a first-tier tribunal. My worry is that, in that very vulnerable period of their life, a child will be detained and trapped in the system, and the issue then is, detained where?

I raised the use of Harmondsworth with the Minister, and he gave me an assurance that that is not Government’s intention or the ministerial intention. I am sure that it is not this Minister’s intention, but Ministers and Administrations change. Unlike with the 2014 legislative commitment that we got, I do not believe that Government statements of intention are sufficiently strong to prevent us from reverting, unfortunately, to the detention of children in unsuitable accommodation and even detention centres. The reason we supported local authorities taking these traumatised children into care was that they have the range of expertise to provide them with the support they need. I am worried that we are reverting to type; time and again, we have explained in the House that the Home Office accommodation that has been provided is inadequate, as we have seen as a result of the number of children who have gone missing, some of whom have not even been found again.

I do not want to delay the House, because others want to speak, but I feel that the Bill is a reversion to pre 2014, and that is the result of the Government’s failure to take into account the range of views expressed in this House and elsewhere. It is the most vulnerable who need our support—our succour and our kindness—the most. The children are the ones who will probably suffer the most as a result of this legislation, and that is why I urge those in the other House to hold to their task of bringing some light of humanity to the discussion of this issue. I hope they will hold to their amendments so that this appalling Bill can at least be in some way ameliorated.

[Anna Firth (Southend West) (Con)]

I rise to speak in support of the Government amendments in lieu of Lords amendments 2, 12, 20 and 22 and also Lords amendment 38, on pregnant women. I also want to touch on Lords amendment 104, which I oppose.

People in Southend West want a tough but fair policy on illegal immigration that stops people unfairly jumping the queue, stops evil people smugglers and, above all, stops vulnerable people drowning in the channel. Those, in a nutshell, are the reasons why I support this Bill, subject to the amendments I have just alluded to.

I reject entirely the characterisation we have heard from Opposition Members that we are, in some way, an ungenerous country. I believe we should all take pride in the UK’s rich history of rehoming some of the world’s most vulnerable and persecuted people. The Minister reminded us that we have taken more than 550,000 refugees from around the globe since 2015—the highest number since the second world war—including 100,000 Ukrainians, but people in Southend West do not think this generosity and humanitarian spirit should be extended to healthy young men from safe countries who have paid people smugglers to help them illegally cross the channel. That is what the Bill is all about.