Nationality and Borders Bill

Kate Osborne Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Kate Osborne (Jarrow) (Lab)]

Thank you for calling me to speak in this debate today, Madam Deputy Speaker. I would like to focus my contribution on the impact of detention on women. In 2016, the Government committed to reduce their use of detention. While the number of women in detention has fallen since then, the measures in the Bill will likely lead to an increase.

Research by Women for Refugee Women shows that many of those detained in immigration centres are survivors of torture, rape or trafficking, and locking them up severely impacts their mental health. In March this year, there were just 25 women detained in the UK. These are historically low numbers, yet the Home Office is to open a new detention centre for women at the Hassockfield site in County Durham in the north-east later this year. If the Home Office is committed tousb detention reduction, why the increase in detention capacity?

Then we dig into the detail of this Bill, and it becomes clear that measures are being put in place that will increase women’s detention. For example, clause 10 create two tiers of refugee. People claiming asylum will be recognised as a group 1 refugee if

“they have come to the United Kingdom directly from…where their life or freedom was threatened…and…they have presented themselves without delay to the authorities.”

Those designated as group 2 refugees will have more limited protections upon grant of status, including being given shorter periods of leave to remain. However, because many women often do not realise that their experiences of gendered violence make them eligible for asylum, they do not apply straightaway. This will mean that many women will be wrongly placed in group 2 and therefore liable for detention.

Furthermore, clauses 46 and 47 go against the Home Office’s own guidance on penalising individuals for not disclosing details of their exploitation. Such guidance is in place to recognise that trafficking victims may take time to disclose what has happened to them. The move to penalise individuals for not disclosing, will mean that fewer women are recognised as victims of trafficking. That means that they will become liable for detention or, if already detained, that they will not be released.

In addition, clause 48 raises the threshold for being recognised as a potential victim of trafficking through a “reasonable grounds decision” for the national referral mechanism. It means that a positive decision will now be made when there are “reasonable grounds” to believe that the individual “is”, rather than “may be”, a victim of slavery or human trafficking. Like clauses 46 and 47, it also makes it more difficult for women to be recognised as victims of trafficking, which again means that more women will be liable for detention. Overall the Bill signifies the Government’s attitude towards the safety and rights of vulnerable women who have fled abuse and violence. It disproportionately affects vulnerable women, and criminalises them. I reject this hostile environment, and I ask other Members to do the same by voting against the Bill.