Border Security, Asylum and Immigration Bill

John Slinger Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Chris Philp]

I thank my hon. Friend for taking the time and trouble to visit Rwanda, which almost no supporter of the Bill has ever bothered doing. It is clear that the Rwanda scheme would have had a deterrent effect, had the Government allowed it to start. The National Crime Agency has said that, and we have seen it work in Australia. The fact that this Government are removing only 4% of people who cross by small boat—meaning that 96% are able to stay—explains why so many more people have crossed the channel under this Government than under the previous regime.

[John Slinger (Rugby) (Lab)]

Can the right hon. Gentleman and other Opposition Members look themselves in the mirror, with a hand on their heart, and say in good conscience that for a great nation like ours—a country that believes in the international rule of law—to outsource its asylum policy to a country like Rwanda is the correct way to behave? Can he really say that that is the right policy for this country?

[Chris Philp]

The right policy for this country is for the Government, not people smugglers, to decide who comes into this country. Unlike this Government, we have a plan to deliver that. I point out to the hon. Gentleman that France is a safe country. There is no need to cross the English channel to flee war or seek asylum. France has a perfectly well-functioning asylum system.

When it comes to people who are genuinely in need, this country has a proud record. The Home Secretary referred—rather generously, I might say—to initiatives undertaken by the last Government. They include the Ukraine scheme, which allowed in 200,000 or 300,000 people; the resettlement scheme that welcomed around 25,000 Syrians from about 2015 to 2020; the provisions made for British nationals overseas who came here from Hong Kong, and the Afghan citizens resettlement scheme and Afghan relocations and assistance policy. That is the record of this country, and of the previous Government, on people who are in genuine need. But people—overwhelmingly single young men—leaving France, conveyed here by people smugglers, are not the people whose entry we should be facilitating.

Let me move on to the Bill’s provisions to repeal much of the Illegal Migration Act 2023. One such provision to be repealed, therefore depriving the Government of the ability ever to use it, is section 2, which created an obligation on the Government to remove people who come here illegally. Let me point out to those people who are concerned about genuine asylum seekers that section 2(4) of the 2023 Act makes it clear that the provision does not apply if someone comes directly from a place of danger. That is consistent with article 33 of the 1951 refugee convention, which Members will be familiar with. But people who come here directly from France—a safe country where no one is being persecuted, which has a perfectly well-functioning asylum system—should not illegally enter the United Kingdom.

The Bill will also repeal section 32 of the 2023 Act, which prevents people who enter the country illegally from gaining citizenship. By repealing that section, the Bill will create a pathway to citizenship for people who entered the country illegally, and I think that is unconscionable.

The Bill will also repeal sections 57 and 58 of the 2023 Act —a topic on which the Minister for Border Security and Asylum and I have had some correspondence—which concern scientific age assessment methods. Every European country apart from this one uses scientific age assessment techniques, such as an X-ray of the wrist, although there are other methods. That is important because quite a few people entering the country illegally who might be in their early or even mid-20s falsely claim to be under the age of 18, and without a scientific age assessment method it is very hard to determine their age. That creates serious safeguarding issues. There have been cases of men in their mid-20s ending up in schools with teenage girls, which carries obvious safeguarding risks.

A statutory instrument passed in early 2024—quite soon before the election—commenced the power to use those age assessment techniques. I really hope the new Government will use those powers and start using wrist X-rays, or other techniques, to ensure that people cannot falsely claim to be under 18. I would be grateful if the Minister could provide an update on that in her winding-up speech, because we would certainly support her work in that area. As I say, there is an important safeguarding element to this matter, as well as a migration element. I note that in repealing section 57 of the 2023 Act, the Government will no longer be able to treat as over 18 somebody who refuses one of those tests. There are some predating provisions in the Nationality and Borders Act 2022, but the provision being repealed is stronger, and in the circumstances that may be rather unwise.

There are various things missing from the Bill. We will table various amendments during its passage that will seek to introduce much stronger measures, but I want to point to two in particular now. The first addresses the fact that there is no mechanism in the Bill for a binding annual cap on legal migration.

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[John Slinger]

Will the hon. Gentleman give way?

[Ben Obese-Jecty]

No, I will not.

The Bill repeals most of the Illegal Migration Act, removes the duty on the Home Secretary to make arrangements to remove persons who entered the UK illegally to their home country or a safe third country, and allows illegal migrants to obtain British citizenship—more incentives. The Illegal Migration Act blocked asylum seekers from claiming asylum based on their method of entry, so those who entered the country illegally via small boat were unable to claim asylum, not eligible for support and, crucially, not eligible to claim British citizenship.

The Government talk tough on deportations, proudly boasting that they have deported record numbers of migrants, but more than 80% of those individuals are voluntary returns. When I asked the Home Office how much they were each awarded in financial incentives of up to £3,000 per person, the Minister for Border Security and Asylum could not provide that information. Why does she not know? Even those who lose the game still walk away with a cash prize.

With no credible deterrent since the election, we have seen numbers rocket and migrant hotels reopen. In just three months since the election, the number of migrants in asylum hotels rose by 6,000, which is roughly equivalent to the population of the third biggest town in my constituency. Indeed, in Cambridgeshire, the hon. Members for Peterborough (Andrew Pakes) and for North West Cambridgeshire (Sam Carling) have asked the Home Office to rethink its decision to move 146 male asylum seekers into the Dragonfly hotel in Peterborough. I imagine that was not on their bingo card for the first six months of a Labour Government.

The only deterrent in the Bill appears to be five years in prison if migrants refuse to be rescued in the channel by French authorities. I will be staggered if a single person is prosecuted for refusing to be rescued by the French. For reference, threatening someone with a weapon carries a maximum sentence of four years’ custody in the UK, so to suggest that migrants will receive a harsher sentence for not being rescued by French authorities is a nonsense.

This is a terrible Bill that pays lip service to controlling illegal immigration by talking tough while crossing its fingers behind its back. We know that Government Members are more comfortable signing letters to stop deportation flights than they are actually deporting people, but this Bill pours fuel on the fire of illegal migration. It encourages it and facilitates it, and I would not be surprised if Lord Hermer had advised on it. The Bill makes for a snappy headline, but it will not be the solution needed to curtail illegal immigration.

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[John Slinger (Rugby) (Lab)]

The Conservative party has a record of failure, and now it is failing to back our measures to put things right. On Rwanda, so much money was wasted to deport so few people, and with so little remorse. Imagine the howls that we would have heard if a civil servant or trade union had wasted just 1% of that sum. On the asylum backlog, the graph is like the NHS waiting list under the Conservatives: up and up it went to 166,261 by 2022—an elevenfold increase on the number that they inherited. That is what happens when those who do not believe in government are the Government.

While this Bill focuses more on asylum, the net migration figures also illustrate that the previous Government let things get out of control, with a 220% increase in net migration from 244,000 in 2010—then a record—to 782,000 in 2023. As with policing and defence, so it is with asylum and immigration: the previous Government failed, yet Conservative Members rail against us as we tackle the crisis that they bequeathed us. I do not want to rehearse the excellent policies set out by Ministers and by my Labour colleagues, so I will just gently ask right hon. and hon. Members on the Conservative Benches to put their hand on their heart and tell us that they are proud of their record. Do they think it is dignified for a great country such as ours to offshore our responsibilities to Rwanda, a country that they needed—with an Orwellian flourish—to define as safe? Hand on heart, do right hon. and hon. Conservative Members think that it is in the national interest to vote against the robust, practical and principled approach in this Bill?

It is a shame that the Conservative party continues to resort to false promises and populist language. We have heard that tonight, such as “surrender”, or the words of the hon. Member for Huntingdon (Ben Obese-Jecty), who spoke about the £49.18 per week that asylum seekers receive to pay for clothes and toiletries. These are human beings. I am sure that the hon. Member was not suggesting that a country such as ours should not be offering people the ability to clothe themselves.

[Ben Obese-Jecty]

I was not suggesting that people should not have the ability to clothe themselves; my point was that this is advertised on the Government website, and is a pull factor. What does this Bill do to address that pull factor?

[John Slinger]

I thank the hon. Member for his intervention. This Bill proposes numerous measures that will get tough on the evil criminal gangs that are bringing people here on those boats, and my hon. Friends on the Labour Benches have made that point very clearly.

With their hand on their heart, are right hon. and hon. Members on the Conservative Benches perhaps feeling ashamed of flirting with the idea of derogating from our international rights obligations? In time, I believe that the public will see that—led by a Prime Minister who has actually tackled criminal gangs—the Home Secretary and her team will leave behind the failure, gimmicks and populism of the past and replace them with effective action.

[Madam Deputy Speaker (Caroline Nokes)]

That brings us to the Front Benchers. I call Matt Vickers.