All 3 Jonathan Gullis contributions to the Illegal Migration Act 2023

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Mon 13th Mar 2023
Mon 27th Mar 2023
Illegal Migration Bill
Commons Chamber

Committee stage: Committee of the whole House (day 1)
Tue 28th Mar 2023
Illegal Migration Bill
Commons Chamber

Committee stage: Committee of the whole House (day 2)

Illegal Migration Bill Debate

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Department: Home Office

Illegal Migration Bill

Jonathan Gullis Excerpts
2nd reading
Monday 13th March 2023

(1 year, 1 month ago)

Commons Chamber
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Yvette Cooper Portrait Yvette Cooper
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Indeed, I am very happy to. I hope the hon. Member will support our proposal for a cross-border police unit to go after the criminal gangs and bring up those convictions, which have totally collapsed on the Conservatives’ watch. I hope too that he will support our proposals for a fast track for Albania and other safe countries, which Ministers are not doing. [Interruption.] This is interesting, because the Immigration Minister says, “Oh, we are already doing it,” except that they are not. Only 1% of the cases from Albania have been decided. The Home Office is not taking fast-track decisions on safe countries such as Albania, for all the promises the Government made. Even where they have the powers to take action, they are not doing it. I hope the hon. Member will also support our proposals to work on not just return agreements with France and other countries, but family reunion arrangements and reforms to resettlement schemes to make those work.

Instead, we have a Bill that is a con and that will make things worse. We have been clear that the Home Secretary has nowhere that she can say she is going to return people to. Last year, the Government made exactly the same promises when they said that 18,000 people would be inadmissible because they had travelled through safe countries, yet just 21 people were returned. Of those the Home Secretary said were inadmissible, just 21 were returned. Now she wants to say that everyone is inadmissible, but if she still manages to return just 0.1% of them, the reality is that she will have tens of thousands of people left. She is simply creating misinformation and conning those on her Back Benches, who have been cheering for the things she says but will see them unravel in practice.

The Home Secretary says this legislation means that she can return people to designated safe countries such as Albania, but she can do that already. She does not need this law to do that. She already has the power to fast-track Albanian and other cases. We have been calling for it for months, the United Nations High Commissioner for Refugees proposed it two years ago and the Prime Minister even promised it before Christmas, but it is not happening and 99% of those cases are still in limbo.

Just 15 people who had arrived in small boats were returned last month. That is the equivalent of 180 a year, when over 10,000 people came from the designated safe country of Albania. The real problem is that Conservative Home Office Ministers just do not have any grip on the system that they are supposed to be in charge of.

Jonathan Gullis Portrait Jonathan Gullis (Stoke-on-Trent North) (Con)
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My focus goes back to clause 49, which looks specifically at interim measures of the Strasbourg court. We know that those measures have no actual effect in UK law, but UK courts may take them into account when passing their own judgments. Do the shadow Home Secretary and the Labour party support me in wanting to see that clause beefed up to make sure that the Home Secretary is under a statutory duty to remove unlawful migrants?

Yvette Cooper Portrait Yvette Cooper
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Perhaps the hon. Gentleman should have put that question to the Home Secretary, because he appears to disagree with his own Conservative Government’s policy and to be off on another bit of freelancing for himself, further undermining any possibility of getting international agreements, whether on returns or on anything else. He is planning to make it even harder to get the kinds of returns agreements we need and to get the kind of international co-operation we need as well.

Ministers say that they plan to lock everyone up before they are returned, and the Bill says that everyone is included. Children, unaccompanied teenagers, pregnant women, torture victims, trafficking victims, and people such as the Afghan interpreters and young Hongkongers we promised to help—all locked up because they arrive without the right papers. The Home Secretary has not said where, or how long for. It might possibly be at RAF Scampton, but the Tory right hon. Member for Gainsborough (Sir Edward Leigh) does not want that. It might possibly be at MDP Wethersfield, but the Tory right hon. Member for Braintree (James Cleverly)—the Home Secretary’s Cabinet colleague, the Foreign Secretary —does not want that either. In other circumstances, there might be pressure on the Home Secretary to put the site in her own constituency, except for the fact that she does not actually have one right now.

Illegal Migration Bill Debate

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Department: Home Office

Illegal Migration Bill

Jonathan Gullis Excerpts
Jack Brereton Portrait Jack Brereton (Stoke-on-Trent South) (Con)
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I am pleased to contribute further to the debate on this vital Bill, which promises tangible action to address the frustrations of my constituents. As I have said previously, I very much support the actions of this Government and the Prime Minister in taking a tough new approach to tackling illegal migration. I want to challenge some of the things Opposition Members have said, particularly the hon. Member for Westmorland and Lonsdale (Tim Farron), who is not currently in his place. He spoke about there not being any safe and legal routes beyond those country-specific schemes. In fact, 50,000 people have come since 2015 through routes open to any country. Those include the refugee family reunion scheme, the UK resettlement scheme, the community sponsorship scheme and the mandate resettlement scheme. In total, that means that 480,000 people have come via safe and legal routes since 2015.

Stoke-on-Trent has been more generous than most other places in the country, and many feel that their generosity has been taken for granted and that their genuine concerns about irregular migration have been ignored, or even held in contempt, particularly by the Labour party and the lefty activist lawyers who are determined to frustrate the democratic will of the people. Because their determination to frustrate the will of this elected House is so strong, we need at this Committee stage to close all potential loopholes.

The amendments to which I have attached my name are those that I felt would make this a “belt and braces” Bill against scurrilous actions. The amendments in the name of my hon. Friend and neighbour the Member for Stone (Sir William Cash) will ensure that a successful suspensive claim will be the only way to prevent removal —no ifs, no buts, and no tying it all up in challenges to circumvent the intended will of this Parliament. Time and again, we have been shown that any lack of crystal clarity will be exploited by activist lefty lawyers. The danger is that people will lose faith in the democratic process, and in mainstream parties, if democratic mandates and Acts of Parliament are constantly frustrated by loopholes we have left.

Unprecedented pressure necessitates unprecedented actions, and the actions in the Bill will break the people smugglers’ model of taking money to get people illegally into Britain, with what has been a relatively small chance of ever being removed under the overwhelmed legacy system that this Home Secretary is having radically to reform. I hope those actions will be properly resourced, not just financially but in terms of available skills and workforce professionals, including some of those who will be based at the Home Office hub in Stoke-on-Trent. But our job today is to make this Bill unambiguous in confirming its intent to enable the removal of illegal migrants and ensure the primacy of this House in delivering on the democratic will.

Small-boat people smuggling is a dangerous and unacceptable trade in human lives, and only by smashing the traders’ business model can we really bring it to an end. That means we must also frustrate the business model of activist Labour lawyers who look for any loophole or ambiguity for their own political ends of making borders irrelevant and impossible to protect. Therefore, in addition to supporting the amendment in the name of my hon. Friend the Member for Stone, I support the amendments tabled by my hon. Friend the Member for Devizes (Danny Kruger) and my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke). The Human Rights Act should not be misused to remove control of our national border and the same applies to the European Court.

I welcome that the Government have stipulated in clause 1 the intention that the Bill will be exempt from section 3 of the Human Rights Act, and in line with the belt-and-braces approach that is necessary. As my right hon. Friend for Middlesbrough South and East Cleveland, who is not in his place, said, it makes sense to disapply sections 4, 6 and 10 to close the loopholes of any supposed incompatibility where it is impossible to use section 3.

Jonathan Gullis Portrait Jonathan Gullis (Stoke-on-Trent North) (Con)
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My hon. Friend is doing an excellent job of standing up for the people of Stoke-on-Trent and north Staffordshire. He has proudly put his signature to the amendment tabled by my hon. Friend the Member for Devizes (Danny Kruger) on the ECHR, which I have also signed. Let us be crystal clear about what that amendment will do. It is about making it perfectly crystal clear to UK courts that rule 39 orders that come from the European Court of Human Rights and are not based in law, are not to be taken into judgment by UK courts when it comes to the removal of illegal economic migrants who have come from safe, mainland France. We are simply reconfirming what was in the original convention back in the 1950s, when rule 39 orders did not even exist, or were not even mentioned. We want to ensure that we deliver on the will of the people in places such as Stoke-on-Trent that my hon. Friend serves so well.

Jack Brereton Portrait Jack Brereton
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I thank my hon. Friend for making that point. I entirely agree. The people of Stoke-on-Trent absolutely want robust action on this. We will not continue to tolerate the powers of Strasbourg and the European courts overriding the decisions of this House and our British courts.

If we do not stop illegal entry and misuse of the asylum system, we will not be able to give proper attention to those in genuine need. Nor will we enjoy the support of the general public. The Bill is about fairness and ensuring that resources are available for those in genuine need, but it needs to have belt and braces to ensure it does not end up in a lucrative legal battle for activist lawyers. Real change is needed to tackle the unprecedented pressures and to look to the improvements that are needed. I look forward to those constructive discussions with Ministers. We must never again allow our generosity and compassion as a nation to be abused by people smugglers with dangerous small boats.

Illegal Migration Bill Debate

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Department: Home Office

Illegal Migration Bill

Jonathan Gullis Excerpts
David Simmonds Portrait David Simmonds
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The hon. Member very clearly highlights the fact that this is sometimes to a degree a grey area. I completely understand the position of the Home Office in that, sometimes in the early days of an emergency situation when there is nowhere else for a child to go to have a roof over their head, the accommodation and support provided do not meet the standards that apply. However, ensuring, as our laws require, that we very swiftly move to a situation where they do seems to be a reasonable expectation, and certainly one that would be upheld by the courts.

That point draws attention to the situation of children in transit through the United Kingdom who come to be unaccompanied children because the adults with whom they are travelling are s arrested or found to have no direct responsibility for the child with whom they are travelling. As I know the right hon. Member for Hayes and Harlington (John McDonnell) will be aware, over the years at Heathrow airport, significant numbers of unaccompanied children have come into the care of a local authority not because they are seeking asylum, but, for example, because they are being trafficked into the sex trade on the continent from another country by way of the United Kingdom. Again, we need to ensure that appropriate care and support are provided for those children and young people, and that they are not simply placed into a process that is focused on immigration control when they being trafficked for nefarious purposes. All these issues are clearly fixable, and I am confident that the Government, once sighted on them, will be able to bring about their resolution.

I would like to finish with a note about the issue of “notwithstanding” clauses, which was much debated yesterday. One of the challenges I find is that in the case of a number of pieces of legislation, such as the Children Act and the Modern Slavery Act, it would be possible for the Government to say that, notwithstanding those provisions, they expect this Home Office process to be followed. Clearly, those are all matters within legislation of the United Kingdom passed by this sovereign Parliament, but it seems to me that there is a risk if we seek to introduce “notwithstanding” clauses to matters that are the subject of international law.

Any of us who has been the recipient of legal advice at any time in our working lives will be aware that, if we were to be offered a contract about which it was that said, “The other party has decided that, notwithstanding what it says in the contract, they don’t have to follow it if they choose not to, after the event”, we would not regard that as in any way sound. Therefore, it seems to me that there is a significant risk that, if we seek to apply “notwithstanding” clauses, we will get ourselves once again into a legal and reputational tangle. That would be more broadly addressed by looking at whether those international conventions are still fit for purpose.

Jonathan Gullis Portrait Jonathan Gullis (Stoke-on-Trent North) (Con)
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My hon. Friend will understand that I am a signatory of amendment 131, which is obviously intended to make it very clear that our concern is about rule 39 interim measure orders. Yes, they are not legally binding and they were not part of any conventions signed back in the 1950s, but they are far too often taken into account by UK domestic courts when it comes to the deportation or removal of individuals. He can therefore understand why Members such as me have signed such an amendment to make it very clear to UK courts that these non-legally binding interim measures should not be taken into account.

David Simmonds Portrait David Simmonds
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I entirely understand what my hon. Friend is seeking to achieve through the introduction of those “notwithstanding” clauses. We heard a great deal about this in the evidence to the Joint Committee on Human Rights on the Nationality and Borders Bill, on the issue of the margin of appreciation. This is the idea that the courts have perhaps gone further in interpreting the meaning of some conventions than was the case originally. That is often under pressure from parliamentarians, including British parliamentarians, who have argued in the Parliamentary Assembly of the Council of Europe, which supervises the operations of the European Court, that some of these laws needed to go further to take account of modern circumstances. The way to address that is not to say that we somehow seek to set aside the obligations that we freely signed up to, but rather to go and have that wider debate with our international partners and, if necessary, say that we wish to see an end to this process to make sure that what we feel we originally intended to achieve is what is achieved by the Bill.

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John McDonnell Portrait John McDonnell
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Exactly. In the children’s home where I was a house father, we dealt with some of the children who had been coming from detention. We understood the traumas they had gone through.

Before 2010, just to remind the House, many of us, on a cross-party basis—Conservative, Labour, Liberals and others—campaigned to end child detention because the numbers were increasing year on year. Once a principle is established, it is interesting how the numbers increase. At one point, there was an estimated 1,000 children and families in Yarl’s Wood. The campaigns made it an issue in the run-up to the 2010 general election and many of us signed a commitment to make this country a place of sanctuary. Thank God, what happened was that the people of this country woke up to what we were doing to children and the way children were being treated. Children’s Society reports evidenced the individual experiences of children, as well as the research. We made the sanctuary pledge. Citizens UK, religious bodies, community groups and trade unions came together in one mass campaign.

We had a huge breakthrough after the election. David Cameron was convinced and was supported by, yes, Nick Clegg and—she is no longer in her place—the right hon. Member for Maidenhead (Mrs May). Over a decade ago, we ended, with unanimity in this House, the routine detention of children. No more children were imprisoned in Harmondsworth in my constituency, or in any other detention centre or prison-like facility. We took that pledge and we enacted it in legislation with cross-party support in 2014. There were some exceptions, obviously. I regretted some of them, but I could understand some reasons why. There were a small number where pre-departure accommodation was provided, but no child was left in a detention centre.

The Bill, whatever the Minister says, removes the protections we, cross-party, arrived at unanimously over a decade ago. My plea to this House is this: please do not take us back to those barbaric days. The lives of children are devastated. The estimate is that 8,000 children face detention under the proposals in the Bill. It will create lasting, almost irrecoverable damage to those children. I just appeal, in all humanity, for the House to reject the proposals.

Jonathan Gullis Portrait Jonathan Gullis
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I rise to speak to the amendments in my name: amendment 135, which intends to block courts from ordering individuals to be returned to the UK once removed; and amendment 136, which intends to restrict to the use of hotels. I put my name to other amendments that were debated yesterday, which I am proud to support.

First, I want to thank the Minister for Immigration, my right hon. Friend the Member for Newark (Robert Jenrick) for the assurances he gave yesterday evening at the Dispatch Box to meaningful engagement over the Easter recess to find a way forward on the amendments I signed or that are in my name. I look forward to working with him and colleagues, such as my hon. Friend the Member for Devizes (Danny Kruger), my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke), my hon. Friend the Member for Stone (Sir William Cash) and my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes). I will therefore not press any of my amendments to a Division this evening.

It is critical that the policy is delivered. In Stoke-on-Trent we understand generosity better than anyone, having 1,279 asylum seekers or illegal economic migrants in our great city. We have been a long-term member of the voluntary asylum dispersal scheme and now have 30% of that population purely in hotels in inappropriate places—directly opposite our railway station, right by levelling-up projects, undermining the work to regenerate and level up the great city of Stoke-on-Trent. It is abhorrent that this has been going on.

For far too long, Stoke-on-Trent has been at the forefront of stepping up and delivering. It was the fifth largest contributor to the asylum dispersal scheme and was voted the kindest city in the United Kingdom only last year. We as a city will do our fair share, but it is inappropriate that we continue to see more than 40,000 people illegally choose to put thousands of pounds in the hands of smuggling gangs when they are already in safe mainland France, to come across on small boats, needlessly risking their own lives and undermining our UK visa system, the rights of our borders and the democracy and sovereignty of this House. It is essential that we do everything we can.

When 73% of people voted to leave the European Union, they wanted to take back control of their laws and their borders. People in Stoke-on-Trent North, Kidsgrove and Talke were outraged to see only yesterday the Council of Europe’s commissioner for human rights interfering in this place, giving their opinion from Strasbourg and Brussels, demanding that we vote this legislation down. Yet again, foreign dignitaries and foreign judges are trying to interfere with the democratic rights and processes of our great country. It is simply not acceptable. That is why it is so important that the amendment of my hon. Friend the Member for Devizes is taken seriously. I would like it be fully supported. Ultimately, we must deliver this important legislation.

Stella Creasy Portrait Stella Creasy
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Will the hon. Gentleman give way?

Jonathan Gullis Portrait Jonathan Gullis
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I will happily take an intervention at the end of my speech, as I promise to keep within the 10-minute limit that you have asked of me, Dame Rosie.

Amendment 135 is about the block on returns. If we are to ensure the offshoring of illegal migrants, we cannot see people return to our United Kingdom, because that will undermine the Rwanda policy and other world-leading schemes that I hope we will agree with other safe third countries. I support the Opposition wanting safe and legal routes and returns agreement. Like many, I was outraged that we gave £500 million of UK taxpayers’ money without getting a returns agreement with France directly. I fully endorse that. It is essential that the law makes it clear that if someone tries to make a last-minute claim to an upper tribunal and they are removed, they have no right to return. They may win damages in court, but the right to return must not be granted. If it is, that will undermine everything. The imagery will be shocking, and will be used by smugglers across mainland Europe as an advert for what could happen if people were lucky.

It is essential that we deliver on the important policy of hotels. Rightly, the British public are livid at seeing £6 million a day of their hard-earned British taxpayers’ money going to house people in hotels. It is totally unacceptable in places such as Stoke-on-Trent, where we have a thriving hospitality and tourism sector, which has been undermined by the use of the hotels. People are losing their jobs. At certain hotels, people have lost the ability to take their children to the swimming baths to learn how to swim. They are unable to go to the gym and other such facilities because, sadly, this abhorrent trade has carried on. In Staffordshire as a whole, nine hotels have been taken up. It is not something that anyone in this House wants, and I hope my amendments get widespread support.

I thank the Minister for his engagement and for the fact that plans will come forward soon for alternative places to move people out of hotels. I was delighted that my petition to end Serco’s abuse of Stoke-on-Trent, which I presented on the Floor of the House, gathered more than 2,000 signatures. We have seen continued movement from the Minister, the Prime Minister and the Home Secretary to find suitable accommodation in the short term until we implement, very soon I hope, the policy to get people deported to safe third countries such as Rwanda.

Stella Creasy Portrait Stella Creasy
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I will let the hon. Gentleman gather his breath. He made a strong case that he was concerned about the work of the European Court of Human Rights making judgments about overbearing Governments and trying to stand up for citizens. Does he, therefore, deplore the recent judgment by the European Court of Human rights—another rule 39 interim measure—in the cases of Pinner v. Russia and Ukraine and Aslin v. Russia and Ukraine? They concerned British nationals who were members of the armed forces in Ukraine, who had surrendered to Russian forces and been sentenced to death. The European Court of Human Rights got stuck in to stand up for British citizens. But by his logic, I assume that he would oppose that because he does not like such bodies standing up for citizens being oppressed by Governments.

Jonathan Gullis Portrait Jonathan Gullis
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Rule 39 interim measures were not part of the European convention on human rights when we signed it in 1950. While we have obligations under the convention, they should never trump the sovereignty of what happens in this Parliament. We are democratically elected parliamentarians who speak on behalf of our constituents—well, we do on the Government Benches—and that is important to understanding why we deliver such policies.

The hon. Lady talks about the European court of human rights, but let us not forget that 47% of ECHR judgments have not been complied with over the past 10 years. In Spain and Germany, it is 61% and 37% respectively. The UK is, I believe, at 18%, so we are better at upholding our ECHR obligations than most mainland European countries, of which I know the hon. Lady is a huge fan. She would love to see us return to the European Union, which she so avidly campaigned for and continues to make the case for privately, I am sure, within the parliamentary Labour party. I commend her bravery in taking that stance but, of course, the people of Stoke-on-Trent North, Kidsgrove and Talke simply said, “No. Go away. Bye-bye, Labour”—hopefully for decades to come—after 70 years of failure, neglect and under-investment in our great area.

Returning to the debate, I thank Professor Richard Ekins of the University of Oxford and Sir Stephen Laws KC for their work with the Policy Exchange and for helping me and other colleagues with the changes we proposed today. When people are losing their jobs at hotels and the hospitality and tourism sectors of our towns and cities are being damaged, that undermines public confidence in our ability to deliver this policy. There are disused Army bases, and I have no issue with the use of portakabins or tents. They are perfectly acceptable short-term accommodation, so long as we deliver on the policy of ensuring that people are removed after 28 days to a safe third country. Rwanda is perfectly safe and has so far welcomed the fact that the UK Government have been so successful at explaining in UK domestic courts that our world-leading policy is something to be celebrated.

Despite the shadow Minister suggesting that this Government are worried about compliance, the fact that they are winning court battles on other legislation that was deemed to be on the line shows that they are confident that they will be on that side again. He talked about a Labour plan, but I am still searching for something other than processing people quicker, which would mean we would still accept seven out of 10 people coming here—70% of 45,000 would be completely unacceptable to the people of the United Kingdom—and would lead to smugglers advertising a 70% success rate. That is why I am unable to support many of Labour’s amendments today.

The only exception that intrigued me was the new clause—I forget the number—that proposed engagement with local authorities. However, the assurances that the Minister gave yesterday to one of my hon. Friends who tabled a similar amendment gave me confidence, and I will be unable to join Labour in the Lobby today. I am delighted that Councillor Abi Brown was brave enough to force this Government to remove the voluntary opt-in and ensure that all local authorities are part of the asylum dispersal scheme after threatening to legally withdraw from the scheme.

Thank you for the time, Dame Rosie, and apologies for going one minute over.

Hywel Williams Portrait Hywel Williams (Arfon) (PC)
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I would have liked to say it was a pleasure to follow the hon. Member for Stoke-on-Trent North (Jonathan Gullis), but unfortunately I cannot.

I rise to speak to new clause 29, which stands in my name and in the name of right hon. and hon. Friends. I share the wish of hon. Members across the Committee to see an end to small boats crossing the channel, but the Bill is an affront to the values of my party and of so many people in Wales and across the UK. It is at odds with the objectives and the spirit of the international human rights treaties to which the UK is a signatory. It is contrary to the Welsh Government’s wish for Wales to be a nation of sanctuary. It is contrary to the democratically expressed will of the people of Wales, and if we had our own way it would not apply in our country.

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I am talking about children who have experienced sexual assault because of the failures of safeguarding in hotels in this country; children who have not had education places; children who have not had clothes on their back, apart from those they fled with, to cope with the British weather; and hundreds of children who have gone missing and not been found. The Government will point to the Children Act 1989 and say this is all about local government, but the safeguarding of these children cannot be done without the active involvement of the Home Office. What we have seen to date shows that very clearly, because those children have gone missing, have experienced sexual assault and have not been in school. I am sure that even the hon. Member for Stoke-on-Trent North would agree that it would be a good thing for any child to be in school and learning.
Jonathan Gullis Portrait Jonathan Gullis
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Will the hon. Lady give way?

Stella Creasy Portrait Stella Creasy
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I will happily give way to the hon. Gentleman, as long as he will clarify on the record that his comments about me were mistaken. I am sure that he would not wish to malign somebody’s good reputation, even if he disagreed with them.

Jonathan Gullis Portrait Jonathan Gullis
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I do not remember seeing the hon. Lady on the streets of the west midlands, campaigning to vote leave in the 2016 referendum, so I feel confident that my comments about her being a pro-European are perfectly acceptable.

When the Minister came to the Dispatch Box with regard to the 200 missing children, he said that 95% of them were 16 to 17 years old—smugglers encourage people who they think can get away with looking that age—and 88% were Albanians. Why would any parent spend £4,500 on sending their child here illegally on a small rubber boat, when they could go on an aeroplane for £30? Also, it is important to understand that the Minister made clear that there was no evidence that any of those 200 had been kidnapped—they left of their own accord.

Stella Creasy Portrait Stella Creasy
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When the Immigration Minister was dismissing concerns about locking children up, suggesting that they probably were not children because of concerns about age verification, the right hon. Member for Orkney and Shetland (Mr Carmichael)—I am sorry that he is no longer in his place—used a gentle phrase that his mother might say: “Have a long look in the mirror.” Well, I suggest that the hon. Member for Stoke-on-Trent North gives his head a wobble for what he has just said about children who have gone missing; 16 and 17-year-olds are children—[Interruption.] He is chuntering from a sedentary position. If those children turn up, I hope to goodness that they all turn up safe and well, because if they do not, what the hon. Member has just said will come back to haunt him—[Interruption.] He can keep shouting all he likes, but the vast majority of the British public are horrified by the idea that 200-plus children have gone missing from hotels that the Home Office was supposed to be overseeing.

There is due to be a public inquiry into the Manston centre. The Government have accepted that because of possible article 3 breaches—basically, concerns about how we were treating pregnant women and young children going into Manston—but that investigation has not yet happened and cannot yet inform this legislation. Clause 11 extends detention for families and pregnant women, and clause 14 removes the duty to consult the independent family returns panel about the treatment of children. Children are under the age of 18; we accept that in law.

We have provisions in law—on, for example, the use of bed and breakfasts—that have not been mirrored to date in our treatment of children who have come in through this system. I can hear why in the callous disregard of the hon. Member for Stoke-on-Trent North, but I go back to this simple principle: whatever we think of the parents of these children, we should not be punishing children by agreeing in law that they have second-class citizenship. That is what this legislation will do to refugee children.

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Stella Creasy Portrait Stella Creasy
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Nobody is encouraging the smugglers. Given the heat that has been generated in this Chamber, it is important to recognise that nobody across the House supports the smugglers. Equally, there are no safe and legal routes. The example of Iran proves that very clearly. The fact that the Minister does not seem to understand that is troubling. If a child does come here, what happens to them? New clause 18 would provide parity of treatment for all children resident in the United Kingdom—for example in the rules around bed and breakfasts and putting a child in with a single adult. If the hon. Gentleman were to find that happening in his constituency, he would probably, rightly, challenge his local authority about it. Why are we saying that, because a child has refugees as parents, it does not matter how they are treated? That is what this legislation is saying. All new clause 18 is looking for is parity. The hon. Member for Stoke-on-Trent North may disregard those children, but I wager that there are other Members in this Chamber who recognise that when it comes to children, we have responsibilities and obligations.

I hope that, in his summing up, the Minister will say on the record that, yes, absolutely, the same standards of safeguarding will apply. The Home Office failed to put safeguarding in the contracts. I had to use a freedom of information request to get the contract from his Department to be able to check it. I did check it, because the Minister does not do his own homework, so somebody else has to. The contract very clearly does not mention it. [Interruption.] It is not a fantasy. What is a fantasy are the figures that the Home Secretary and the Minister just came up with on the safe and legal routes from Iran. Perhaps the Minister might want to reflect on that and on what the UK Statistics Authority said about the Home Office’s relationship with the truth when it comes to the numbers and to asylum.

I wish to finish simply by urging the Government to stay on the record. If I am wrong, they should correct me. They could say that every single child in this country will be covered by safeguarding, and that the Home Office itself will take a direct safeguarding duty for these children. It would not be that difficult.

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Ben Bradley Portrait Ben Bradley (Mansfield) (Con)
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It is a pleasure to serve under your chairmanship today, Dame Rosie. I would like to echo what my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) said earlier about how strongly people feel about this issue. He provided the statistics to back that up. Some 35% of all policy inquiries to my office last week related to this issue of illegal migration and small boats. People often say to me, “You are in the middle of the country in Mansfield, so why do people care?” It is a simple matter of fairness. It is a massive Government commitment. One of the Prime Minister’s key pledges to the people of this country was to tackle the issue of small boats.

The people of Mansfield are generous, but they believe in the rules and they believe in law and order. They are happy to help those people who follow the rules, but when they are struggling and when they see people facing genuine safeguarding and personal safety issues, they feel the unfairness when they see others coming from the safe country of France and jumping the queue. When they are sat on housing waiting lists and unable to get a home, but someone who has no legal right to be here is able to get accommodation, they feel that unfairness. It is very easy for us in this Chamber, none of whom, I would imagine, rely heavily on our public services, to say that there is no negative impact to all of this. In reality, though, if a person is on that housing waiting list and unable to get a permanent home for themselves or their family, if they are struggling to access primary care, if they are told that they cannot get the help that they need, if they are sacked from their job at a hotel because it has become a migrant accommodation, or if they are seeing public funds intended to support people in this country being diverted to support people who have no legal right to be here, then, of course, they feel the unfairness. To suggest that that is not a problem is to deny the experience of many of my constituents, and of many people around the country, who feel that very strongly.

Jonathan Gullis Portrait Jonathan Gullis
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The hon. Member for Walthamstow (Stella Creasy) was talking about safeguarding. Does my hon. Friend, who is a local authority leader, agree that we all have a duty to safeguard the young people of our country, as opposed to those who do not have any documentation to prove the age that they claimed when they arrived on the shores of this United Kingdom illegally? Therefore, until age verification can be guaranteed, we have to make sure that those alleged children—and alleged until we can prove it—are not mixing with genuine, birth certificate-holding UK residents who we know are under the age of 18.

Ben Bradley Portrait Ben Bradley
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My hon. Friend is right: I do have that role, and it does present significant safeguarding risks and resource challenges. The hon. Member for Walthamstow said earlier that everyone should have a right to education, but I do not know where she thinks those school places just emerged from. We cannot plan for hundreds of school places when 40,000 people arrive in one year. I have British children in my county unable to access a school place near their home because of the sheer volume of genuine asylum seekers who have come through genuine routes who are accessing those places instead.