Border Security, Asylum and Immigration Bill

Judith Cummins Excerpts

Report stage
Monday 12th May 2025 Commons Chamber

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Judith Cummins)]

With this it will be convenient to discuss the following:

Government new clause 6—Timeframe for determination of appeal brought by appellant receiving accommodation support.

Government new clause 7—Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation.

Government new clause 8—Refugee Convention: particularly serious crime.

New clause 1—Duty to report and publish data on deaths in the asylum system and small boat crossings—

“(1) The Secretary of State must, on a quarterly basis, publish and lay before Parliament a report that includes the number of deaths that have occurred in relation to the UK asylum system in the three months preceding the date specified in that report.

(2) The specified date under subsection (1) must be no more than six months prior to the date of publication.

(3) A report under subsection (1) must include―

(a) The total number of deaths occurring, during the specified period, of persons who were, at the time of death―

(i) in receipt of accommodation under sections 4, 95 or 98 of the Immigration and Asylum Act 1999; or

(ii) awaiting the outcome of a claim for asylum while residing in other forms of accommodation or at no fixed abode; or

(iii) undertaking an unauthorised crossing of the English Channel;

(b) the cause of death for each person reported, if known; and

(c) the locations in which each death occurred, if known.

(4) The first report under this section must be made published no later than one year after the passing of this Act.

(5) For the purposes of this section―

(a) A “claim for asylum” is defined in accordance with section 167 of the Immigration and Asylum Act 1999; and

(b) an “unauthorised crossing” is a sea crossing made by an individual without leave to enter the United Kingdom, made from dry land in France, Belgium or the Netherlands for the purpose of reaching dry land in the United Kingdom.”

This new clause would require the Home Office to publish quarterly statistics and information on deaths in the asylum system and in small boat channel crossings.

New clause 2—Reports on restrictions on asylum seekers engaging in employment—

“(1) The Secretary of State must publish a report explaining what progress has been made towards providing asylum applicants with the right to take up employment whilst their application is being determined.

(2) A report under subsection (1) must be published—

(a) by 31 December 2025, or

(b) within three months of the passing of this Act, whichever is earliest

(3) The Secretary of State must make a further report under subsection (1) at least every twelve calendar month after the publication of the first report, until the restrictions on asylum seekers engaging in employment are removed.

(4) Any report under subsection (1) must include a review of—

(a) the current 12 month waiting period attached to the permission to work, and

(b) the restriction of roles to the Immigration Salary List.

(5) The Secretary of State must make arrangements for—

(a) a copy of any report published under subsection (1) to be laid before both Houses of Parliament before the end of the day on which it is published, or the next sitting day if it is published on a non-sitting day;

(b) the House of Commons to debate a motion, made by a Minister of the Crown, to the effect that the House of Commons has considered the report; and

(c) the House of Lords to debate a motion, made by a Minister of the Crown, to the effect that the House of Lords has considered the report.

(6) The debates required under subsections (5)(b) and (c) must take place within 25 sitting days of the day on which the report is laid before Parliament.”

This new clause would require the Secretary of State to report back to Parliament annually on the Government's working rights policies for people in the asylum system, and for both Houses of Parliament to debate a motion on the report.

New clause 3—Duty to publish a strategy on safe and managed routes—

“(1) The Secretary of State must, within six months of the passing of this Act, publish a strategy on the Government’s efforts to establish additional safe and legal routes for persons to seek asylum in the United Kingdom.

(2) A report under subsection (1) must be laid before Parliament.”

This new clause would require the Secretary of State to publish and lay before Parliament a strategy on the development of safe and managed routes for people to seek asylum in the UK.

New clause 4—Repeal of certain provisions of the Nationality and Borders Act 2022—

“The following provisions of the Nationality and Borders Act 2022 are repealed—

(a) sections 58 to 65, and

(b) sections 68 and 69.”

This new clause would repeal specified provisions of the Nationality and Borders Act 2022, relating to modern slavery victims.

New clause 9—Humanitarian Assistance—

“A person (“P”) does not commit an offence under section 13 (supplying articles for use in immigration crime), section 14 (handling articles for use in immigration crime), or section 16 (collecting information for use in immigration crime) if P’s action was for the purposes of providing humanitarian assistance.”

This new clause would ensure that individuals who provide humanitarian assistance would not be considered as having committed the new criminal offences created by clauses 13, 14 and 16 of this Bill.

New clause 10—Functions of the Commander in relation to sea crossings to United Kingdom—

“(1) In exercising the Commander’s functions in relation to sea crossings to the United Kingdom, the Commander must have regard to the objectives of—

(a) preventing the boarding of vessels, with the aim of entering the United Kingdom, by persons who require leave to enter the United Kingdom but are seeking to enter the United Kingdom—

(i) without leave to enter, or

(ii) with leave to enter that was obtained by means which included deception by any person;

(b) ensuring that a decision is taken on a claim by a person under subsection (1)(a) within six months of the person’s arrival in the United Kingdom; and

(c) making arrangements with a safe third country for the removal of a person who enters the United Kingdom without leave, or with leave that was obtained by deception.

(2) The Commander must include, in the strategic priority document issued under section 3(2), an assessment of—

(a) the most effective methods for deterring illegal entry into the United Kingdom;

(b) the most effective methods for reducing the number of sea crossings made by individuals without leave to enter the United Kingdom; and

(c) the most effective methods for arranging the removal, to the person’s own country or a safe third country, of a person who enters the United Kingdom illegally.

(3) For the purposes of this section—

(a) “sea crossings” are journeys from dry land in France, Belgium or the Netherlands for the purpose of reaching dry land in the United Kingdom; and

(b) illegal entry to the United Kingdom is defined in accordance with section 24 of the Immigration Act 1971 (illegal entry and similar offences).”

This new clause sets out objectives and strategic priorities for the Border Security Commander in relation to sea crossings and arrangements with a safe third country for the removal of people who enter the UK illegally.

New clause 11—Qualification period for Indefinite Leave to Remain in the United Kingdom—

“(1) The minimum qualification period for applications for indefinite leave to remain in the United Kingdom is a period of ten years.

(2) The qualification period in subsection (1) applies to a person who has—

(a) a tier 2, T2, International Sportsperson or Skilled Worker visa,

(b) a Scale-up Worker visa,

(c) a Global Talent, Tier 1 Entrepreneur or Investor visa,

(d) an Innovator Founder visa,

(e) a UK Ancestry visa, or

(f) a partner holding UK citizenship.

(3) A person who has lived in the United Kingdom for ten years or more but does not meet the criteria in subsection (2) cannot apply for indefinite leave to remain in the United Kingdom.”

This new clause would extend the qualification period for applying for Indefinite Leave to Remain in the UK to ten years and abolish the long-stay route, through which a person can apply for Indefinite Leave to Remain based on having lived in the UK for ten years or more.

New clause 12—Age assessments: use of scientific methods—

“The Secretary of State must, within six months of the passing of this Act, lay before Parliament—

(a) a statutory instrument containing regulations under section 52 of the Nationality and Borders Act 2022 specifying scientific methods that may be used for the purposes of age assessments, and

(b) a statutory instrument containing regulations under section 58 of the Illegal Migration Act 2023 making provision about refusal to consent to scientific methods for age assessments.”

This new clause would require the Secretary of State to make regulations to specify scientific methods for assessing a person’s age and to disapply the requirement for consent for scientific methods to be used.

New clause 13—Revocation of indefinite leave to remain in certain circumstances—

“(1) Indefinite leave to remain in the United Kingdom is revoked with respect to a person (“P”) if any of the following conditions apply.

(2) Condition 1 is that P is defined as a “foreign criminal” under section 32 of the UK Borders Act 2007.

(3) Condition 2 is that P was granted indefinite leave to remain after the coming into force of this Act, but would not be eligible for indefinite leave under the requirements of section [Qualification period for Indefinite Leave to Remain in the United Kingdom].

(4) Condition 3 is that P, or any dependents of P, have been in receipt of any form of “social protection” (including housing) from HM Government or a local authority, where “social protection” is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules.

(5) Condition 4 is that P’s annual income has fallen below £38,700 for six months or more in aggregate during the relevant qualification period, or subsequent to receiving indefinite leave to remain.

(6) A person who has entered the United Kingdom—

(a) under the Ukraine visa schemes;

(b) under the Afghan Citizens Resettlement Scheme;

(c) under the Afghan Relocations and Assistance Policy; or

(d) on a British National Overseas visa,

is exempt from the requirements of Condition 2, Condition 3, and Condition 4.

(7) For the purposes of subsection (5)—

(a) the condition applies only to earnings that have been lawfully reported to, or subject to withholding tax by, HM Revenue and Customs; and

(b) the relevant sum of annual income must be adjusted annually by the Secretary of State through immigration rules to reflect inflation.

(8) The Secretary of State may by immigration rules vary the conditions set out in this section.”

This new clause would revoke indefinite leave where a person is a foreign criminal, has been in receipt of benefits, earns below the national median income, or (for those granted indefinite leave after the coming into force of this Act) would not meet the requirements sought to be imposed by NC11.

New clause 14—Borders legislation: Human Rights Act—

“(1) This section applies to any provision made by or by virtue of this Act, the Illegal Migration Act 2023, the Immigration Acts, and any legislation relating to immigration, deportation, or asylum, including the Immigration Rules within the meaning of the Immigration Act 1971.

(2) The legislation identified in subsection (1), including in relation to the enforcement of immigration policy, deportation, the granting, removal, revocation or alteration of immigration status, or asylum, or other entitlements, must be read and given effect to disregarding the Human Rights Act 1998.

(3) In the Asylum and Immigration Appeals Act 1993, omit section 2.

(4) In the Immigration Act 1971—

(a) in section 8AA—

(i) in subsection (2), omit “Subject to subsections (3) to (5)”; and

(ii) omit subsections (2)(a)(ii) and subsections (3) to (6);

(b) in section 8B, omit subsection (5A).

(5) In section 84 of the Nationality, Immigration and Asylum Act 2002—

(a) in subsection (1), after “must” insert “not”;

(b) in subsection (2), after “must” insert “not”;

(c) in subsection (2), for “section 6” substitute “any section”; and

(d) in subsection (3) after “must” insert “not”.

(6) Where the European Court of Human Rights indicates an interim measure relating to the exercise of any function under the legislation identified in subsection (1)—

(a) it is only for a Minister of the Crown to decide whether the United Kingdom will comply with the interim measure under this section; and

(b) an immigration officer or court or tribunal must not have regard to the interim measure.”

This new clause would disapply the Human Rights Act and interim measures of the European Court of Human Rights in relation to this Bill and to other legislation about borders, asylum and immigration.

New clause 15—Offences and deportation—

“(1) The UK Borders Act 2007 is amended as follows.

(2) In section 32—

(a) in subsection (1)(a), at the end insert “and”;

(b) in subsection (1)(b) leave out "and” and insert “or”; and

(c) leave out subsection (1)(c) and substitute—

“(c) who has been charged with or convicted of an offence under section 24 of the Immigration Act 1971”

(d) leave out subsections (2) and (3).

(3) In section 33, leave out subsections (1), (2), (3) and (6A).

(4) The Illegal Migration Act 2023 is amended as follows.

(5) Leave out subsection (5) of section 1 and insert—

“(5) The Human Rights Act does not apply to provision made by or by virtue of this Act or to—

(a) the Immigration Act 1971,

(b) the Immigration and Asylum Act 1999,

(c) the Nationality, Immigration and Asylum Act 2002,

(d) the Nationality and Borders Act 2022, or

(e) the Immigration Act 2016.”

(6) In section 6 of the Illegal Migration Act 2023, leave out subsections (4) and (5).

(7) In section 24 of the Immigration Act 1971, leave out all instances of “knowingly”.”

This new clause would prevent a foreign national who is convicted of any offence from remaining in the UK, as well as anyone who has been charged with or convicted with an immigration offence under section 24 of the Immigration Act 1971.

New clause 16—Restrictions on visas for spouses and civil partners—

“(1) The Secretary of State must make regulations specifying the maximum number of persons who may enter the United Kingdom annually as a spouse or civil partner of another (the sponsor).

(2) Before making regulations under subsection (1), the Secretary of State must consult—

(a) in England and Wales and Scotland, such representatives of local authorities as the Secretary of State considers appropriate;

(b) the Executive Office in Northern Ireland; and

(c) any such other persons or bodies as the Secretary of State considers appropriate.

(3) But the duty to consult under subsection (2) does not apply where the Secretary of State considers that the maximum number under subsection (1) needs to be changed as a matter of urgency.

(4) The Secretary of State must commence the consultation under subsection (2) in relation to the first regulations to be made under this section before the end of the period of three months beginning with the day on which this Act is passed.

(5) The regulations must specify that the number of persons from any one country who enter as a spouse or civil partner of a sponsor cannot exceed 7% of the maximum number specified in the regulations under subsection (1).

(6) If, in any year, the number of persons who enter the United Kingdom as a spouse or civil partner of a sponsor exceeds the number specified in regulations under this section, the Secretary of State must lay a statement before Parliament—

(a) setting out the number of persons who have, in that year, entered the United Kingdom as a spouse or civil partner of a sponsor; and

(b) explaining why the number exceeds that specified in the regulations.

(7) The statement under subsection (6) must be laid before Parliament before the end of the period of six months beginning with the day after the last day of the year to which the statement relates.

(8) Within six months of the passing of this Act, the Secretary of State must by immigration rules make the changes set out in subsections (9) to (11).

(9) The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement includes that—

(a) the applicant is married to, or the civil partner of, a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is, on the same occasion, seeking admission to the United Kingdom for the purposes of settlement;

(b) the applicant provides evidence that the parties under subsection (9)(a) were married or formed a civil partnership at least two years prior to the application;

(c) each of the parties intends to live permanently with the other as spouses or civil partners and the marriage or civil partnership is subsisting;

(d) the salary of the person who has a right to abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom equals or exceeds £38,700 per year; and

(e) the applicant and the person who has a right of abode in the United Kingdom are both at least 23 years old.

(10) Leave to enter the United Kingdom as a spouse or civil partner under subsection (9) is to be refused if the parties concerned are first cousins.

(11) For the purposes of this section, “local authority” means—

(a) in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and

(b) in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994.”

This new clause would require the Secretary of State to specify a cap on the number of spouses or civil partners who may enter the UK, and on the number that may enter from any one country. It would also amend the immigration rules to set a salary threshold.

New clause 17—Restrictions on visas and grants of indefinite leave to remain—

“(1) Within six months of the passing of this Act, the Secretary of State must by immigration rules provide for all visa grants, including spousal visas, to be conditional on the following—

(a) the requirement that the applicant or their dependents will not apply for any form of “social protection” (including housing) from the UK Government or a local authority, where “social protection” is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules; and

(b) the requirement that the applicant’s annual income must not fall below £38,700 for six months or more in aggregate during the relevant qualification period.

(2) Immigration Rules made under subsection (1) must ensure that any breach of the conditions set out in that subsection will render void any visa previously granted.

(3) The Secretary of State is not permitted to grant leave outside the immigration rules or immigration acts.

(4) A person is not eligible to apply for indefinite leave to remain in the United Kingdom if any of the following conditions apply.

(5) Condition 1 is that a person is a “foreign criminal” under section 32 of the UK Borders Act 2007.

(6) Condition 2 is that a person, or any of their dependents, has been in receipt of any form of “social protection” (including housing) from the UK Government or a local authority, where “social protection” is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules.

(7) Condition 3 is that a person’s annual income has fallen below £38,700 for six months or more in aggregate during the relevant qualification period.

(8) A person who has entered the United Kingdom—

(a) under the Ukraine visa schemes;

(b) under the Afghan Citizens Resettlement Scheme;

(c) under the Afghan Relocations and Assistance Policy; or

(d) on a British National Overseas visa,

is exempt from the requirements of Condition 2 and Condition 3.

(9) For the purposes of subsections (1)(b) and (7)—

(a) the condition applies only to earnings that have been lawfully reported to, or subject to withholding tax by, HM Revenue and Customs; and

(b) the relevant sum of annual income must be adjusted annually by the Secretary of State through immigration rules to reflect inflation.

(10) The Secretary of State may by immigration rules make further provision varying these conditions, including by way of transitional provisions.”

This new clause would place certain restrictions on the granting of visas or indefinite leave to remain. It would require migrants to be self-sufficient and not to require state benefits, and would deny indefinite leave to remain to foreign criminals.

New clause 18—Cap on the number of entrants—

“(1) Within six months of the passing of this Act, the Secretary of State must make regulations specifying the total maximum number of persons who may enter the United Kingdom annually across all non-visitor visa routes, with such regulations subject to approval by both Houses.

(2) The Secretary of State may by regulations also specify a maximum number of entrants for individual visa routes, subject to the overall total.

(3) No visas may be issued in excess of the total maximum number specified in subsection (1).

(4) Any visas issued in excess of the number specified in subsection (1) must be revoked.”

This new clause would provide a mechanism for a binding annual cap on the number of non-visitor visas issued by the UK.

New clause 19—Removals from the United Kingdom: visa penalties for uncooperative countries—

“(1) The Nationality and Borders Act 2022 is amended as follows.

(2) In section 70, omit subsections (4) and (5).

(3) In section 72—

(a) subsection (1), after “A country”, for “may” substitute “must”.

(b) In subsection (1)(a) omit “and” and insert “or, (ab) is not cooperating in relation to the verification of identity or status of individuals who are likely to be nationals or citizens of the country, and”

(c) in subsection (1)(b), after “citizens of the country” insert “or individuals who are likely to be nationals or citizens of the country”,

(d) omit subsections (2) and (3), and

(e) in subsection (4), omit from “70” to after “subsection (1)(a)”.

(4) Omit section 74.”

This new clause would require the Secretary of State to use a visa penalty provision if a country is not cooperating in the removal of any of its nationals or citizens from the UK, or in relation to the verification of their identity or status.

New clause 20—Exemptions from the UK GDPR: illegal migration and foreign criminals—

“(1) The Data Protection Act 2018 is amended as follows.

(2) In subsection (2)(b) of section 15 (Exemptions etc), at end insert “, and makes provision about the exemption from all GDPR provisions of persons who entered the United Kingdom illegally and foreign criminals;

(3) In paragraph (2) of Schedule 2, after sub-paragraph (1) insert—

“(1A) GDPR provisions do not apply if the data subject entered the United Kingdom illegally or is a foreign criminal.

(1B) For the purposes of sub-paragraph (1A)—

(a) a person “entered the United Kingdom illegally” if they entered the United Kingdom—

(i) without leave to enter, or

(ii) with leave to enter that was obtained by means which included deception by any person; and

(b) “foreign criminal” is defined in accordance with section 32 of the UK Borders Act 2007.””

This new clause would disapply data protection laws from data on people who have entered the UK illegally or are Foreign National Offenders.

New clause 21—Removal of restrictions on asylum seekers engaging in employment—

“The Secretary of State must, within three months of the date on which this Act is passed, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for asylum applicants to take up employment whilst their application is being determined, if it has been over three months since the application was made, with no decision made.”

This new clause would remove the restriction on working for asylum seekers, if it has been over three months since they applied.

New clause 22—Additional safe and legal routes—

“The Secretary of State must, within six months of the passage of this Act, make regulations specifying safe and legal routes through which refugees and other individuals requiring international protection can enter the UK lawfully.”

This new clause would require the Secretary of State to make regulations specifying additional safe and legal routes, under which refugees and others in need of international protection can come to the UK lawfully from abroad.

New clause 23—Duty to meet the director of Europol—

“The Border Commander must meet the director of Europol, or their delegate, no less than once every three months.”

This new clause would require the Border Commander to meet with the Executive Director of Europol every three months.

New clause 24—Duty to establish a joint taskforce with Europol—

“(1) The Secretary of State must seek to establish a joint taskforce with Europol for the purposes of cooperation on the matters set out under subsection (3).

(2) The Secretary of State must, within six months of the passage of this Act, make a report to Parliament on progress made to date on establishing a joint taskforce under subsection (1).

(3) Any joint taskforce established pursuant to the Secretary of State’s activities under subsection (1) has a duty to promote cooperation on—

(a) the disruption of trafficking operations;

(b) the enhancement of law enforcement capabilities;

(c) the provision of specialised training for officials involved in border security and immigration enforcement; and

(d) any other matters which the Secretary of State or Director of Europol deem appropriate.”

This new clause would require the Secretary of State to seek a joint taskforce with Europol for the purposes of disrupting trafficking operations, enhancing law enforcement capabilities, and providing specialised training to officials involved in border security and immigration enforcement.

New clause 25—Participation in Europol’s anti-trafficking operations—

“(1) The Secretary of State must provide adequate resources to law enforcement agencies for the purpose of enhancing their participation in Europol’s anti-trafficking operations.

(2) The resources provided under subsection (1) must include technology for conducting improved surveillance on, and detection of, smuggling networks.

(3) For the purposes of subsection (1), “law enforcement agencies” include—

(a) the National Crime Agency

(b) police forces in England and Wales; and

(c) the British Transport Police.”

This new clause would require the Government to allocate adequate resources to law enforcement agencies to enhance their participation in Europol’s anti-trafficking operations, including through technological tools for better surveillance and detection of smuggling networks.

New clause 26—Requirement to produce an annual report on cooperation with Europol—

“(1) The Secretary of State must, within one year of the passage of this Act, lay before Parliament an annual report on cooperation between UK law enforcement agencies and Europol.

(2) A further report must be published and laid before Parliament at least once per year.

(3) An annual report under this section must include—

(a) actions taken during the previous year to cooperate with Europol;

(b) progress in reducing people smuggling and human trafficking; and

(c) planned activities for improving future cooperation with Europol.”

This new clause would require the Government to provide an annual report to Parliament detailing the UK’s efforts to cooperate with Europol, its progress in reducing levels of people smuggling and human trafficking, and its plans to improve future cooperation.

New clause 27—Reuniting unaccompanied child refugees with family members—

“(1) Within six months of the passing of this Act, the Secretary of State must by immigration rules make the changes set out in subsections (2) to (6).

(2) The requirements to be met by a person seeking leave to enter the United Kingdom as a child relative of a person or persons given limited leave to enter or remain in the United Kingdom, as a refugee or beneficiary of humanitarian protection, are that the applicant—

(a) is the child, grandchild, sister, brother, nephew or niece of a person or persons granted limited leave to enter or remain as a refugee or beneficiary of humanitarian protection granted as such under the immigration rules; and

(b) is under the age of 18; and

(c) can, and will, be accommodated adequately by the person or persons the child is seeking to join without recourse to public funds in accommodation which the person or persons the child is seeking to join, own or occupy exclusively; and

(d) can, and will, be maintained adequately by the person or persons the child is seeking to join, without recourse to public funds; and

(e) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

(3) The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the close relative of a child with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection are that the applicant is—

(a) a parent, grandparent, sister, brother, aunt or uncle of a child with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection; and

(b) joining a refugee or beneficiary of humanitarian protection with limited leave to enter or remain in the United Kingdom who is under the age of 18 and not living with a parent or grandparent; and

(c) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds.

(4) Limited leave to enter the United Kingdom as an applicant under subsection (2) or (3) may be granted for five years provided that, on arrival, a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity. Limited leave to remain in the United Kingdom as an applicant under subsections (2) or (3) may be granted provided the Secretary of State is satisfied that each of the requirements of subsections (2) or (3) is met.

(5) Limited leave to enter the United Kingdom as an applicant under subsection (2) or (3) is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity. Limited leave to remain in the United Kingdom as an applicant under subsection (2) or (3) is to be refused if the Secretary of State is not satisfied that each of the requirements of subsections (2) or (3) is met.

(6) Civil legal services are to be provided to an applicant under subsections (2) or (3) in relation to rights to enter, and to remain in, the United Kingdom pursuant to schedule 1, subsection 30(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.”

This new clause would require changes to the immigration rules to extend the family members that could apply to join an unaccompanied child refugee in the UK, to include parents, grandparents, sisters, brothers, uncles and aunts, and to allow unaccompanied child refugees to sponsor close adult family members to join them in the UK. It also provides for legal aid to be available in such cases.

New clause 28—Good character requirement: illegal entry—

“The Secretary of State must, within three months of the passing of this Act, ensure that illegal entry to the UK is disregarded as a factor for the purposes of assessing whether a person applying for British citizenship meets the good character requirement.”

This new clause would require the Secretary of State to change current Home Office guidance stating that individuals who enters the UK illegally, regardless of how long ago, will "normally be refused" citizenship (if they applied after 10 February 2025).

New clause 29—Report on impact of carers’ minimum wage on net migration—

“The Secretary of State must, within 12 months of the passage of this Act, lay before Parliament a report on the impact of introducing a minimum wage for carers on levels of net migration.”

This new clause would require the Government to publish a report on how implementing a carers’ minimum wage would impact on levels of net migration.

New clause 30—A three-month service standard for asylum casework—

“(1) The Secretary of State must, within six months of the passage of this Act, implement a three month service standard for asylum casework.

(2) The service standard must specify that 98% of initial decisions on all asylum claims should be made before the end of three months after the date of claim.”

This new clause would require UK Visas and Immigration to reintroduce a three month service standard for decisions on asylum cases.

New clause 31—Exemption of NHS workers from immigration skills charge—

“The Secretary of State must, within six months of the passing of this Act, implement an exemption for National Health Service workers from the immigration skills charge for sponsoring a Skilled Worker or a Senior or Specialist worker.”

This new clause would require the Secretary of State to apply an exception to the NHS as an employer from having to pay the immigration skills charge when sponsoring skilled employees.

New clause 32—Repeal of certain provisions of the Nationality and Borders Act 2022 (No. 2)—

“(1) The following provisions of the Nationality and Borders Act 2022 are repealed—

(a) sections 12 to 65; and

(b) sections 68 and 69.”

This new clause would repeal specified provisions of the Nationality and Borders Act 2022.

New clause 33—Council of Europe Convention on Action against Trafficking in Human Beings—

“The Secretary of State must—

(a) within six months of the passing of this Act, introduce legislation to ensure the United Kingdom’s full compliance with the 2009 Council of Europe Convention on Action against Trafficking in Human Beings; and

(b) within 18 months of the passing of this Act, lay before Parliament a report on how the Government is ensuring full compliance with the Convention under this section.”

This new clause would require the Secretary of State to introduce legislation which incorporates the Council of Europe Convention on Action against Trafficking in Human Beings into UK law and report on compliance with the Convention.

New clause 34—Victims of slavery or human trafficking: protection from immigration offences—

“(1) The Modern Slavery Act 2015 is amended as follows.

(2) In section 52 (Duty to notify Secretary of State about suspected victims of slavery or human trafficking), after subsection (2), insert—

“(2A) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to ensure that notification under this section does not include the supply of information to relevant persons or authorities that might indicate that—

(a) the victim has committed an offence under sections 24 to 26 of the Immigration Act 1971, or

(b) the victim might otherwise meet the requirements for removal from the United Kingdom or for investigation pending removal.

(2B) For the purposes of subsection (2A), “relevant persons or authorities” include—

(a) a Minister of the Crown or a government department;

(b) an immigration officer;

(c) a customs official;

(d) a law enforcement officer;

(e) the Director of Border Revenue;

(f) the Border Security Commander;

(g) a UK authorised person; and

(h) the government of a country or territory outside the United Kingdom.””

This new clause would prevent a public authority, when determining whether a person is a victim of slavery or human trafficking, from sharing information with immigration authorities and other public authorities that might result in deportation or prosecution for an immigration offence.

New clause 35—Humanitarian travel permit—

“(1) On an application by a person (“P”) to the appropriate decision-maker for entry clearance, the appropriate decision-maker must grant P entry clearance if satisfied that P is a relevant person.

(2) For the purposes of subsection (1), P is a relevant person if—

(a) P intends to make a protection claim in the United Kingdom;

(b) P’s protection claim, if made in the United Kingdom, would have a realistic prospect of success; and

(c) there are serious and compelling reasons why P’s protection claim should be considered in the United Kingdom.

(3) For the purposes of subsection (2)(c), in deciding whether there are such reasons why P’s protection claim should be considered in the United Kingdom, the appropriate decision-maker must take into account—

(a) the extent of the risk that P will suffer persecution or serious harm if entry clearance is not granted;

(b) the strength of P’s family and other ties to the United Kingdom;

(c) P’s mental and physical health and any particular vulnerabilities that P has; and

(d) any other matter that the decision-maker thinks relevant.

(4) For the purposes of an application under subsection (1), the appropriate decision-maker must waive any of the requirements in subsection (5) if satisfied that P cannot reasonably be expected to comply with them.

(5) The requirements are—

(a) any requirement prescribed (whether by immigration rules or otherwise) under section 50 of the Immigration, Asylum and Nationality Act 2006; and

(b) any requirement prescribed by regulations made under section 5, 6, 7 or 8 of the UK Borders Act 2007 (biometric registration).

(6) No fee may be charged for the making of an application under subsection (1).

(7) An entry clearance granted pursuant to subsection (1) has effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order.

(8) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under subsection (7), that person is deemed to have made a protection claim in the United Kingdom.

(9) For the purposes of this section—

(a) “appropriate decision-maker” means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph(1);

(b) “entry clearance” has the same meaning as in section 33(1) of the Immigration Act 1971;

(c) “protection claim”, in relation to a person, means a claim that to remove them from or require them to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—

(i) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention (“the Refugee Convention”);

(ii) in relation to persons entitled to a grant of humanitarian protection; or

(iii) under Article 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 (“the European Convention on Human Rights”);

(d) “persecution” is defined in accordance with the Refugee Convention; and

(e) “serious harm” means treatment that, if it occurred within the jurisdiction of the United Kingdom, would be contrary to the United Kingdom's obligations under Article 2 or 3 of the European Convention on Human Rights (irrespective of where it will actually occur).”

This new clause would create a new “humanitarian travel permit”.

New clause 36—Refugee family reunion—

“(1) The Secretary of State must, within 6 months of the date on which this Act is passed, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for refugee family reunion, in accordance with this section, to come into effect after 21 days.

(2) Before a statement of changes is laid under subsection (1), the Secretary of State must consult with persons as the Secretary of State deems appropriate.

(3) The statement laid under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for family members of a person granted refugee status or humanitarian protection.

(4) In this section, “refugee status” and “humanitarian protection” have the same meaning as in the immigration rules.

(5) In this section, “family members” include—

(a) a person's parent, including adoptive parent;

(b) a person's spouse, civil partner or unmarried partner;

(c) a person's child, including adopted child, who is either—

(i) under the age of 18, or

(ii) under the age of 25 but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum;

(d) a person's sibling, including adoptive sibling, who is either—

(i) under the age of 18, or

(ii) under the age of 25, but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum; and

(e) such other persons as the Secretary of State may determine, having regard to—

(i) the importance of maintaining family unity,

(ii) the best interests of a child,

(iii) the physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person,

(iv) any risk to the physical, emotional or psychological well being of a person who was granted refugee status or humanitarian protection, including from the circumstances in which the person is living in the United Kingdom, or

(v) such other matters as the Secretary of State considers appropriate.

(6) For the purpose of subsection (5)—

(a) “adopted” and “adoptive” refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules, and

(b) “best interests” of a child must be read in accordance with Article 3 of the 1989 UN Convention on the Rights of the Child.”

This new clause would make provision for leave to enter or remain in the UK to be granted to the family members of refugees and of people granted humanitarian protection.

New clause 37—Children born in the UK: British citizenship—

“(1) The British Nationality Act 1981 is amended as follows.

(2) After section 1(3A) insert—

“(3B) A person (“P”) born in the United Kingdom on or after the relevant day who is not a British citizen by virtue of subsection (1), (1A) or (2) or section 10A shall be entitled to be registered as a British citizen if, when P was born, P’s father or mother—

(a) had previously entered the UK whilst holding leave to enter the UK; and

(b) was subsequently, and at the time of P’s birth, subject to UK immigration control.”

(3) The Immigration and Nationality (Fees) Regulations 2018 are amended as follows.

(4) In Schedule 1, Table 20A, insert—

“No fee is payable in respect of an application for registration as a British citizen under the 1981 Act where the application is made under section 1(3B) of that Act.””

This new clause would ensure citizenship for children born in the UK whose parents had leave to enter the UK but were not British citizens or had settled status at the time of their child's birth, and for fees for that registration to be waived.

New clause 38—Repeal of certain provisions of the Nationality and Borders Act 2022 (No. 3)—

“(1) The following provisions of the Nationality and Borders Act 2022 are repealed—

(a) section 12,

(b) section 16,

(c) sections 30 to 38, and

(d) section 40.”

This new clause would repeal provisions of the Nationality and Borders Act 2022 concerning: the creation of two separate groups of refugees, subject to differential treatment; the inadmissibility of asylum claims by persons with a connection to a safe third State; the interpretation of the Refugee Convention; and the creation of offences relating and similar to illegal entry to the UK.

New clause 39—Duty to deport in accordance with the Refugee Convention—

“(1) The Secretary of State must seek to remove anyone who, based on Article 1F and Article 33(2) of the Refugee Convention, does not have the benefit of the non-refoulement provisions of the Refugee Convention.

(2) This duty does not apply in relation to persons who would face a real risk of capital punishment or extra-judicial killing or whose removal would contravene the United Kingdom’s obligation under Article 3 of the United Nations Convention against Torture.

(3) If a domestic court or tribunal has ruled that a person’s removal would not contravene subsection (1) and (2), the court or tribunal may—

(a) Consider whether removal would be contrary to the Human Rights Act 1998,

(b) But if it considers that removal would be contrary to the Human Rights Act 1998, the Secretary of State may seek the removal of that person, notwithstanding the Act.

(4) The Secretary of State may delay the removal of an individual where subsection (3)(b) applies, until the Grand Chamber of the European Court of Human Rights has ruled on the compatibility of that removal.

(5) The Secretary of State must argue before the European Court of Human Rights that the European Convention on Human Rights cannot be interpreted as preventing the removal of an individual if such removal is compatible with the Refugee Convention and the United Nations Convention against Torture.

(6) If the Grand Chamber of the European Court of Human Rights rules that the European Convention on Human Rights takes precedence over the Refugee Convention and United Nations Convention against Torture, the Secretary of State may decide to comply with that Grand Chamber decision.

(7) If the Secretary of State decides to comply with a ruling of the Grand Chamber, they must publish a quarterly report setting out the anonymised details of those individuals who could be deported subject to subsections (1) and (2) but have not been deported because of a decision by the Secretary of State to comply with a decision of the Grand Chamber of the European Court on Human Rights.”

New clause 40—Detention of illegal migrants—

“(1) The Secretary of State must, within six months of the passing of this Act, set out plans to detain illegal migrants in secure accommodation.

(2) Detention under subsection (1)—

(a) must occur immediately upon a person’s arrival into the UK without leave to enter the UK;

(b) must be in accommodation with requisite security, not including hotels or residential accommodation; and

(c) must be for no more than 24 hours, during which any asylum claim must be assessed and decided.

(3) Any person whose asylum claim under this section is refused must be deported within 24 hours of refusal.

(4) A plan under subsection (1) must be—

(a) laid before Parliament, and

(b) implemented within twelve months of the passing of this Act.”

This new clause would require the Government to set up secure accommodation to detain illegal migrants as soon as they arrive in the UK, assess any asylum claim with 24 hours of detention, and deport any failed applicants.

New clause 41—Impact of European Convention on Human Rights on border security—

“(1) The Secretary of State must, within six months of the passing of this Act, publish an assessment of the impact of the UK’s commitment to the European Convention on Human Rights on the UK’s border security.

(2) An assessment under this section must be laid before Parliament and must include—

(a) the number of additional persons likely to be deported from the United Kingdom annually if the UK were to depart from the European Convention on Human Rights, and

(b) of those, the number of foreign criminals likely to be deported annually.”

This new clause would require the Government to assess the impact of the ECHR on the UK’s border security.

New clause 42—Transparency in age dispute decision-making—

“(1) The Secretary of State must, within six months of the passing of this Act, and on a quarterly basis thereafter—

(a) prepare and publish a report on age assessments conducted for the purposes of immigration control, and

(b) lay a copy of the report before Parliament.

(2) The report must include—

(a) the total number of age disputes raised during the reporting period,

(b) the number of individuals who were initially treated as adults but were subsequently assessed to be under the age of 18,

(c) the number of individuals who were initially treated as children but were subsequently assessed to be 18 or over,

(d) the number and percentage of individuals referred for a formal Merton-compliant age assessment,

(e) the number of safeguarding referrals made as a result of age misclassification, and

(f) the number of legal challenges brought in relation to age assessments, and the outcome of those challenges.

(3) The report must also include an assessment of the impact of age dispute procedures on unaccompanied children, with particular regard to—

(a) the duration of time spent in adult accommodation, detention, or prison,

(b) any effect on access to education, healthcare, and social care services,

(c) any risks to mental and physical health arising from misclassification, and

(d) any referrals to or findings made by safeguarding professionals or regulatory bodies in relation to such cases.

(4) In this section—

“child” means a person who is under the age of 18,

“Merton-compliant” means compliant with the principles established in R (B) v Merton LBC [2003] EWHC 1689 (Admin),

“age dispute” means any case in which the claimed age of an individual for immigration purposes is challenged or reassessed by the Home Office or a relevant authority.”

This new clause would require the Home Office to publish a detailed analysis which includes the outcomes on age assessments. It aims to increase transparency in the current process and to support policy reform that better safeguards children at risk of being misclassified as adults. Its aim is to ensure a more transparent, and accountable approach to age disputes.

New clause 43—Management of immigration removal centres and asylum accommodation—

“(1) The Secretary of State must, within six months of the passing of this Act, make by regulations a register of prohibited providers of immigration removal centres and other forms of asylum accommodation.

(2) The register under subsection (1) must include all companies or persons—

(a) found guilty of or fined for—

(i) gross misconduct,

(ii) abuse,

(iii) overcharging, or

(iv) fraud

in relation to their operation of immigration removal centres and other forms of asylum accommodation, or

(b) who have not, following inspection by the Independent Chief Inspector of Borders and Immigration (ICIBI), met the recommendations of the subsequent report within 6 months.

(3) The Secretary of State or department must not enter into further contracts or renewal of contracts with any prohibited provider.”

This new clause would require the Home Office to make a register of prohibited providers of immigration removal centres and other forms of asylum accommodation who have been convicted of gross misconduct, abuse, overcharging or fraud, or have not met the recommendations of an inspection report. The Home Office cannot renew or enter into further contracts with prohibited providers on the register.

New clause 44—National Referral Mechanism: duty to create a new visa scheme—

“(1) The Secretary of State must, by immigration rules, create a new visa scheme for persons who—

(a) are regarded by a first responder organisation as eligible for referral into the National Referral Mechanism for modern slavery; and

(b) are in receipt of an Overseas Domestic Worker visa under the terms of the Immigration Rules Appendix Overseas Domestic Worker; or

(c) have been in receipt of such a visa within the six months prior to a referral under paragraph (a).

(2) Immigration rules under subsection (1)—

(a) must be laid before Parliament within six months of the passing of this Act; and

(b) must be commenced within six months of being laid before Parliament.

(3) Immigration rules under subsection (1) must—

(a) enable an eligible person to remain in the UK until the later of—

(i) the date on which a conclusive grounds decision is made; or

(ii) the date on which any reconsideration or judicial review of a conclusive grounds decision has concluded; or

(iii) for persons recognised as a victim of modern slavery through a positive conclusive grounds decision, the date on which the person is granted either Discretionary Leave under the Immigration Act 1971 or Temporary Permission to Stay under section 65 of the Nationality and Borders and 2022; and

(b) enable the eligible person to work as a domestic worker for any eligible employer during the period specified by this subsection.

(4) For the purposes of this section—

“first responder organisation” is to be defined by immigration rules under this section;

“National Referral Mechanism” means the national framework for identifying and referring potential victims of modern slavery and ensuring they receive appropriate support;

“conclusive grounds decision” means a decision by a competent authority as to whether a person is a victim of slavery or human trafficking.”

This new clause would require the Secretary of State to introduce a new visa scheme for victims of modern slavery who have been granted an Overseas Domestic Worker visa, to avoid visa concerns acting as a deterrent against referral for support under the National Referral Mechanism.

New clause 45—Good character requirement—

“(1) The British Nationality Act 1981 is amended as follows.

(2) In section 41A, (Registration: requirement to be of good character), after subsection (4), insert—

“(4A) The good character requirement under this section must not be applied in a manner contrary to the United Kingdom’s obligations under any international agreement to which the United Kingdom is a party.

(4B) The Secretary of State must ensure any guidance issued regarding the good character requirement reflects the following—

(a) any assessment of good character may only take into account the illegal entry, arrival or presence of a person (P) in the United Kingdom if at the time of P's entry to or arrival in the UK—

(i) P was aged 18 years or over,

(ii) P would have been given leave to enter under the immigration rules, if P had sought it, and

(iii) the assessment of P's good character is made on the basis of guidance, which was published.

(b) It is for the Secretary of State to prove, on the balance of probabilities, that—

(i) P would have been given leave to enter under the immigration rules, if P had sought it; and

(ii) it would have been reasonable to expect P to have sought and obtained such leave to enter.

(4C) In this section—

“the good character requirement” refers to the provision regarding a person being of good character in section 41A (Registration: requirement to be of good character), section 4L (Acquisition by registration: special circumstances), and paragraphs 1 and 5 of Schedule 1 to the British Nationality Act 1981.

“immigration rules” means rules under section 3(2) of the Immigration Act 1971.’

This new clause would ensure the good character requirement is not applied contrary to the UK’s international legal obligations. It also ensures that guidance would only take into account a person’s illegal entry, arrival or presence, if they arrived as an adult, when there was a safe route under the Immigration Rules available to them, and it would have been reasonable to expect them to have used that route.

Amendment 1, clause 3, page 2, line 28, after “such threats”, insert—

“including the threats posed to UK biosecurity by illegal meat imports,”.

This amendment requires the Border Security Commander (“the Commander”), to have regard to the threats posed to UK biosecurity by illegal meat imports.

Amendment 31, page 2, line 36, at end insert—

“(2A) The strategic priority document issued under subsection (2) must support the Home Office’s UK Border Strategy.”

This amendment would require that the Border Security Commander’s strategic priority document supports the UK Border Strategy.

Amendment 2, page 3, line 2, after “borders”, insert “, including biosecurity”.

This amendment is consequential on Amendment 1, and clarifies that UK biosecurity is an element of border security.

Amendment 4, page 7, line 12, at end insert—

“(1A) For the purposes of subsection (1), P cannot commit an offence if P is—

(a) an individual forced or coerced into criminal activities,

(b) a parent, family member or guardian accompanying minors,

(c) a victim of human trafficking or modern slavery,

(d) a survivor of torture, gender-based violence or severe trauma,

(e) an unaccompanied child,

(f) a person at risk of persecution,

(g) a pregnant woman, or

(h) a person holding refugee status.”

This amendment would specify that the offence created by clause 13 (supplying articles for use in immigration crime) cannot be applied to certain categories of individual.

Amendment 36, in clause 14, page 8, line 21, at end insert—

“or,

(c) their action was—

(i) solely as part of their own journey, and

(ii) they did not gain financially from the action.”

This amendment seeks to ensure that the new criminal offence is targeted at people smugglers rather than those seeking asylum by amending the statutory defence.

Amendment 30, page 8, line 26, at end insert—

“(6) For the purposes of subsection (1), P cannot commit an offence if P is—

(a) an individual forced or coerced into criminal activities,

(b) a parent, family member or guardian accompanying minors,

(c) a victim of human trafficking or modern slavery,

(d) a survivor of torture, gender-based violence or severe trauma,

(e) an unaccompanied child,

(f) a person at risk of persecution,

(g) a pregnant woman, or

(h) a person holding refugee status.”

This amendment would specify that the offence created by clause 14 (Handling articles for use in immigration crime) cannot be applied to certain categories of individual.

Amendment 37, in clause 15, page 9, line 2, at end insert—

“(i) a telephonic device

(j) means for charging a telephonic device”

This amendment adds to the list of articles that aren’t included as relevant articles for the purposes of the new criminal offences of supplying or handling items to be used by people making a dangerous journey.

Amendment 38, in clause 16, page 9, line 38, leave out from “journey” to end of line 39 and insert—

“that they would not benefit from financially.”

This amendment seeks to ensure that the new criminal offence is targeted at people smugglers rather than those seeking asylum by amending the statutory defence.

Amendment 5, in clause 18, page 11, line 36, at end insert—

“(E1C) For the purposes of subsections (E1A) and (E1B) a person cannot commit an offence if the person is—

(a) an individual forced or coerced into criminal activities,

(b) a parent, family member or guardian accompanying minors,

(c) a victim of human trafficking or modern slavery,

(d) a survivor of torture, gender-based violence or severe trauma,

(e) an unaccompanied child,

(f) a person at risk of persecution,

(g) a pregnant woman, or

(h) a person holding refugee status.”

This amendment would specify that the offence created by clause 18 (Endangering another during sea crossing to United Kingdom) cannot be applied to certain categories of individual.

Government amendments 6 to 12.

Amendment 32, page 30, line 29, leave out clause 37.

This amendment would remove the clause relating to the repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024.

Amendment 33, page 30, line 31, leave out clause 38.

This amendment would remove the clause relating to the repeal of immigration legislation.

Amendment 35, in clause 38, page 30, line 34, leave out “11” and insert “12”.

This amendment would add section 12, concerning the Secretary of State’s powers to detain people under the Immigration Act 1972, to the list of sections of the Illegal Migration Act 2023 to be repealed.

Amendment 34, page 31, line 1, leave out “28” and insert “29”.

This amendment would repeal Section 29 of the Illegal Immigration Act 2024, which requires the Secretary of State to remove people who have sought to use modern slavery protections in “bad faith”.

Amendment 3, page 31, line 5, at end insert—

“(i) sections 29 and 59.”

This amendment would add sections 29 and 59 to the list of sections of the Illegal Migration Act 2023 to be repealed.

Government amendments 13 to 29.

--- Later in debate ---

[Mike Tapp]

I thank the shadow Home Secretary for his condescending tone after his deluded rant. I must say to him that he is misleading the House: 400 crossed in 2018, and more than 150,000 have crossed since. The majority of those were on the Conservative Government’s watch, so how they can claim that that happened on Labour’s watch is beyond me. As the new expert—

[Madam Deputy Speaker (Judith Cummins)]

Order. I think the hon. Gentleman has had long enough for his very brief intervention.

--- Later in debate ---

[Tom Hayes (Bournemouth East) (Lab)]

The right hon. Member is clearly concerned about child protection. Did he read the testimony of the Children’s Commissioner about the children who made their way to our country and went missing in the system? They were victims of rape, sexual abuse and exploitation—some of the most horrendous things that can happen. Does he regret the role of his Government in facilitating such abuse?

[Madam Deputy Speaker (Judith Cummins)]

Order. I am sure the shadow Home Secretary is aware that time is running on.

[Chris Philp]

Madam Deputy Speaker, I will follow your injunction to wind up. Of course, we need to pay attention to the rights and protection of children, but having people smuggled across the English channel on boats does not in any way help with that.

If the Government are serious about getting back control of the immigration system and stopping illegal immigration, they will support our measures that would put a cap on migration and repeal the Human Rights Act in relation to immigration matters.

[Several hon. Members rose—]

[Madam Deputy Speaker]

Order. We will start with an immediate four-minute time limit, with the exception of Front-Bench speeches and any maiden speeches.

--- Later in debate ---

[Ms Creasy]

Absolutely. Let me be clear: I recognise that my suggestion will not address all the issues with overseas domestic workers, but a worker’s justice visa could be the start of ensuring that our immigration system is more functional.

I also draw the Minister’s attention to new clause 45, which is about the “good character requirement”. It makes no sense to those of us concerned about integration to say to somebody that they may stay in this country—that they have a well-founded fear of persecution—but that they will never be able to make a life here, that they will always end up paying more for their mortgage because they will not be able to get a proper income, and that they will never be able to get jobs as easily as others, so they might be more dependent on benefits. That is what happens when we start denying citizenship to people who have the right to be here.

The Refugee Council recognises that the requirement will affect 71,000 people because it is retrospective. It is little wonder that a court case is now in train. Bad policymaking in the face of social media tropes does nobody any favours, and I urge Ministers to look again at the provision. New clause 45 is simple: it is about us upholding our international obligations. It is about saying that if there was a safe route, absolutely it would be bad character not to use it, but I would love some Opposition Members, who are no longer in their place, to tell me what the safe route from Iran is, when many people on the boats are from Iran.

We have to get immigration policy right. I stand here as somebody who does not want open borders. I want a fair and just immigration service. I learned in my first year in this place from the former Home Secretary Jack Straw, who told me there were two divides: left and right, and those people who had to deal with the UK Border Agency and those who did not. The legislation before us does many welcome things, but it also does things that I fear we will come to regret in future—just as we will come to regret pandering to those who wish to divide us, rather than getting on and sorting out why we still have a cost of living crisis.

The Government will have my support if they want to do more to bring people together, not just by sorting out bin collections—that perennial challenge—but by investing in everybody, whether they were born here or have come here to make a contribution. After all, those of us with refugee heritage—whether we were Huguenots, Farages or Creasys—deserve and need better.

[Madam Deputy Speaker (Judith Cummins)]

We will now start a three-minute time limit.

[Mr Will Forster (Woking) (LD)]

My constituency has a proud and long history of supporting those fleeing persecution. It was home to the Ockenden Venture, a trailblazing charity founded in the 1950s to help resettle refugees from post-war Europe, Vietnam and beyond. Humfrey Malins, the former Conservative MP for Woking even set up a national immigration service. That legacy reminds us of the best of British values. It is important, especially today, that we reflect on that and on what makes Britain great. However, this Bill falls far short of those values—it is not very great at all. I sat on the Public Bill Committee, where I tabled 15 amendments. Although I support the parts of the Bill that seek to tackle the cruel trade of people smuggling, I am deeply concerned that once again this Government are prioritising punitive-sounding headlines over practical solutions.

The Bill completely fails to lift the ban on asylum seekers working while they await a decision. That is why I support new clause 21. People spend years in limbo waiting for their application to be processed, with no right to contribute, no right to earn and no hope of building their lives. We heard in Committee that, as a result of the Conservative Government’s mishandling of the situation, 19 people have waited 10 years or more for their claim to be settled. They are capable adults who should have been contributing to the economy. Letting people work is the right thing to do. That is why Australia lets people work straightaway, why Canada allows refugees to apply for a work permit while their applications are being processed, and why the United States allows people seeking asylum to work after six months. Human beings are amazing creatures, capable of so much. It is waste for people essentially to be kept away from society. We want to support them; that is what new clause 21 would do, by giving people the right to work after three months. I urge colleagues to support it.

I will briefly address safe and legal routes. Ukraine has shown us that providing safe and legal routes takes away the people smuggling and illegal immigration. That is why I support Liberal Democrat new clauses 22 and 36, and SNP new clause 3. Those vital measures would tackle the root causes of dangerous crossings, and I hope that Members will support them.

Critically, we talked in Committee about Interpol. We are turning our backs; we are not asking Europe to help us with this problem—the Government refuse to do so. Instead of isolating ourselves, we should be leading the efforts to tackle people-smuggling gangs. We cannot solve the global crisis without resolving those main issues, but we can do better. Britain has a proud history, and this Bill should be a lot better.

[Olivia Blake (Sheffield Hallam) (Lab)]

I refer the House to my declaration in the Register of Members’ Financial Interests about the help that I receive from the Refugee, Asylum and Migration Policy Project. I am also the co-chair of the all-party parliamentary group on migration. I welcome the Government’s action in the Bill to repeal parts of the previous Government’s repeated gimmicks and nonsense legislation in the last Parliament. I will speak to new clauses 1, 2 and 37, all of which I have sponsored.

New clause 1 was tabled by my right hon. Friend—apologies, I should have said my hon. Friend the Member for Nottingham East (Nadia Whittome); she is not right honourable, but she should be. The new clause would require the Home Office to publish quarterly statistics and information on deaths in the asylum system and small boat channel crossings. Under the last Government, a horrifying number of refugees and people seeking asylum died trying to cross the channel and in Home Office accommodation. In 2024, that number reached a record high. Despite daily and weekly reports on the number of people stopped or deported, we still do not have regular, clear and transparent reporting on those who have lost their lives in the system. That is incredibly important, not just morally but in order to address the evidence gap, so that we get policy right.

New clause 2 would require reports on the right to work. I heard what the Minister said about this being a discussion about time, but mental health and working rights are not separate issues. The majority of asylum seekers in the UK are unable to work and use their skills to support themselves and their families or even to save enough to rent a home. Instead, they are trapped, isolated, inactive and dependent on state support. There are countless compelling reasons why asylum seekers should be allowed to work like the rest of the population. Given the huge amount of support that idea has from the public and businesses, we should at least have the opportunity to scrutinise why the ban remains and the impact that it is having. If we want integration, why not let people work in their communities and build English language skills?

Finally, new clause 37, tabled by my hon. Friend the Member for Clapham and Brixton Hill (Bell Ribeiro-Addy), seeks to ensure that children born in the UK who have grown up here and know no other home are not priced out of citizenship simply because of their parents’ immigration status at the time of their birth. Such young people are part of our communities, schools and the fabric of our future. They should not be denied their rights or go on to face barriers in education, housing, healthcare and across society. They are not “strangers”; they are our friends and neighbours.

Some have stoked racist divisions against migrants—a drum that the far right have continually banged since—and the whole House must oppose that rhetoric. Amid rising anti-refugee sentiment, including last year’s shocking riots, it could not be more urgent or valuable to enable people to feel secure and contribute to their communities. I am aghast at some of the amendments tabled by Opposition parties, particularly new clause 41. I wonder how many ruined lives those Members will consider too many. It is shameful to see the victimisation of people who have come here to find safety.

[Madam Deputy Speaker (Judith Cummins)]

I call Sarah Pochin to make her maiden speech.

--- Later in debate ---

[Carla Denyer (Bristol Central) (Green)]

The Government’s repeal of the vile and illegal Safety of Rwanda (Asylum and Immigration) Act 2024 and large parts of the Illegal Migration Act 2023 are welcome, but they must do more to repeal the underlying legal framework, which continues to undermine the UK’s ability to uphold the rule of law and human rights. The Illegal Migration Act simply does not belong on the statute book, and my preference would be to scrap the lot of it. My amendment 35 at least seeks to restore judicial oversight of decisions about detention. The Immigration Law Practitioners’ Association points out that without my amendment 35, a software engineer who overstayed her visa could be detained for longer than a suspected terrorist, and with far less judicial oversight.

Turning to my new clause 38, I am disappointed that the Government have not used the Bill to repeal the Nationality and Borders Act 2022, when Labour rightly opposed that legislation in its entirety on its Second Reading. That Act marked the UK’s move away from upholding the 1951 refugee convention and instead denies the right to territorial asylum, yet this Labour Government have chosen to leave the Act on the statute book, untouched by this Bill. My new clause 38 focuses on undoing the provisions that penalise and criminalise people who make unsafe journeys to the UK to seek sanctuary. It scraps the parts that create an unfair two-tier asylum system with differential treatment for different groups of people—a proposal so unworkable that the right hon. Member for Newark (Robert Jenrick) had to pause it when in government. Crucially, it scraps the law that criminalises people arriving in the UK without permission or the right paperwork with a penalty of up to four years in prison. This law is clearly contrary to article 31.1 of the 1951 refugee convention, which provides immunity from penalties in recognition of the fact that refugees are often compelled to arrive without appropriate documents in order to access their human rights under that convention. Lastly, my new clause 38 would scrap sections 30 to 38 of the Nationality and Borders Act 2022, which sought to—I will put it charitably—poorly reinterpret the refugee convention.

I wish to highlight the fact that the Government are leaving on the statute book measures that unjustly penalise and criminalise refugees for arriving irregularly when there are no safe and managed routes to travel here to claim asylum for the vast majority of people who might need and be eligible to do so. In the words of Warsan Shire:

“no one puts their children in a boat

unless the water is safer than the land”.

This Government are clearly focused on appearing tough on immigration, and to do so they have brought in some of the previous Government’s cruel policies and introduced some of their own—

[Madam Deputy Speaker (Judith Cummins)]

Order. I call Bell Ribeiro-Addy.