Illegal Immigrants: Offshore Detention and Deportation

Kieran Mullan Excerpts

Monday 13th July 2026 Westminster Hall

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

It is a pleasure to serve under your chairmanship, Mr Twigg. I thank Members for their contributions and the more than 700,000 people who signed the petition, including more than 1,000 in my constituency of Bexhill and Battle.

This is a very real issue in my part of East Sussex. The Government forced on us the Crowborough asylum camp, just over the border in the constituency of Madam Deputy Speaker, my hon. Friend the Member for Sussex Weald (Ms Ghani), but very close to my own. We met the Minister just last week, alongside local residents and councillors, and heard at first hand about groups of young men gathering in this small rural town to drink on the streets, smuggling alcohol back into the detention centre and working illegally, and all the distress that that is causing. I am not surprised that the Government targeted Wealden for a camp, considering that it is run by Lib Dems and Greens, with their refugee asylum safe haven policy.

At the heart of this debate is a question of control: whether the state and the people on whose behalf it operates have control of our borders or not. For the nation state to have meaning, a country must be able to remove people from within its borders who have no right to be there—whether to send them to offshore processing or detention, or to deport them entirely—and at scale.

I welcome the opportunity to set out the overwhelming rational and moral argument for ending small boat crossings and the illegal people-smuggling trade, which is at the forefront of the petition. Whatever opponents of strong border controls say, and however much they attempt to demonise and caricature those of us who want to see control returned, I know not only that is this what the vast majority of the British public want, but that it is the right thing to do.

We have to be clear-eyed about the status quo. Right now, not only is our asylum policy effectively determined by people’s ability to pay to get here, but the trade itself is putting money directly into the pockets of criminal gangs that are also involved in other crimes, such as drug dealing and violence. Whether someone makes the crossing is not a measure of their need, their comparative level of desperation or fear, or their vulnerability. In fact, it is quite the opposite. Small boat crossings favour the able-bodied, those with sufficient money to pay for the journey and those closest to Europe. They are not based on anything that Parliament or the Government have decided, nor are they a reflection of humanitarian crises.

We know for a fact that every single person making the crossing from France—because they are coming from France—is not fleeing directly from a war-torn country where they are at risk of persecution. Decent, caring and compassionate constituents of mine say to me all the time, “They are safe; they’re in France.” People may have a preference—a desire—to be here instead of in France, but that is not what the asylum system was set up for. That is not what the laws and protections were intended to enshrine and make sacrosanct. However much defenders of those laws and regulations choose to ignore that, the British public can see through it.

The first retort to those criticisms of the status quo is to say, “Well, that’s our fault. That’s our responsibility for forcing them to cross the channel”—as the spokesperson for the Liberal Democrats, the hon. Member for Woking (Mr Forster), said. But proponents of that argument entirely fail to play through the consequences of the safe and legal routes that they advocate for. I will do so now, in the hope that people might actually consider the matter.

If we set up places whereby people can apply in third countries easily, what would happen? First, those places would themselves become a focal point for potentially large numbers of people seeking asylum, as there are quite literally millions of people living under conditions that would qualify them to seek asylum here in the UK. However much people pretend otherwise, we clearly would have to refuse some of those applications. Of course, the Green party advocates open borders and no restrictions, so maybe it would not refuse any, but let us assume we would not take everybody who applied by a safe and legal route. What would happen then? Would those people simply turn around and say, “Oh well, I tried to get in. I tried to use the safe and legal route; I’ll leave it there”? Of course they would not. Those people would then turn to exactly the same people-smuggling gangs and illegal crossings, and we would be right back to square one, only then they would be coming on top of the ones granted asylum through safe and legal routes.

Even the most humanitarian-minded person would have to accept that there would be limits. If there are limits, we have to say no, and for “no” to mean anything, it has to be enforceable, or the whole thing collapses. Those opposed to deportation for those coming here illegally have no answer to that moral and logical question, so what must we do? We must make it absolutely clear that if someone comes here illegally, they do not get to stay—no ifs, ands or buts. Everything else, in terms of control and having a system that works, is underpinned by that. If we do not have meaningful control—because taking years to deport people will achieve nothing—then all the rest of the policies collapse.

To stand any chance of actually delivering that, we have to come out of the European Court of Human Rights. Anyone who has studied the expansion of the powers of that Court cannot reasonably argue that it is fulfilling the same function intended for it. Some may argue that they are happy with that and welcome it, but it impossible to say that it is operating as envisioned by its creators. Let us take one example: article 3 of the European convention on human rights, which gives the right to be protected from

“torture or…inhuman or degrading treatment”.

That right was constructed in the wake of world war two, in which, as well as being murdered, Jews, political prisoners, homosexuals and other minorities were subject to the most horrendous treatment imaginable: medical experimentation, starvation, death-inducing slave labour.

How is that article 3 right now interpreted? It is now used by potential deportees to successfully oppose their deportation if the standard of healthcare in the country they would be returned to is not sufficient to meet their medical needs—the same standard of healthcare that is all that is available to millions of their fellow citizens in the countries that we would seek to deport them to. When did a right to be protected from torture or inhumane or degrading treatment become a right to access a particular standard of healthcare?

We know that the convention has now gone as far as to be applied to questions of whether a particular Government is doing enough to tackle climate change. That is why even some of our most senior and respected jurists, such as former UK Supreme Court Justice Lord Sumption, are clear about the need to leave. I recommend anyone sincerely interested in this topic to listen to his 2019 BBC Reith lectures on it. He explains clearly how human rights laws are increasingly used in place of the practice of politics, democracy and elections. They have increasingly become questions of balancing. They always were, of course, but the balancing has become finer and more nuanced, and at their heart, those questions are societal and political, not legal.

We should ask how it has come to this situation. It has come about because, at its core, in its willingness to expand its remit and take expansionist interpretations of the law, the European Court of Human Rights is fundamentally misconceived. The law does not exist in isolation. In the nation state, there is an interplay between the courts and judges, the parliaments, the executives, and the people. They balance each other out. Courts are, of course, operationally independent, but if they act intolerably, and if they consistently and gravely make rulings out of keeping with the views of the public they serve, Parliament can step in, as the body accountable to the public. However much in very many ways we want our courts to be independent, it is vital that in the end, ultimately, they are not independent of the people.

This delicate interplay secures legitimacy for each actor in the system, and there is no such interplay in the European Court. That is how it has found itself so clearly removed from the expectations and views of the millions of people of the member states it seeks to advocate for. We can see, over many years, member states seeking to oppose the Court’s expansionist rulings; it has ignored them to its own detriment. We also see other countries—Canada, Australia and New Zealand—that are able to manage fair and balanced rules of law with rights for individuals without the need to be part of any supranational body.

Anyone who argues against these ideas must be careful what they wish for, because the patience and generosity of the majority of the public is at its thinnest, if not exhausted entirely. If we do not respond to that, others with views that we are more widely unhappy with will take control, and the Government who have failed to secure it will be as much to blame as anybody else.

As our current Prime Minister completes two years of his premiership, I hope that Members can reflect honestly. The promises of the Government to take control of our borders and to smash the gangs have undoubtedly been a failure. They gave the impression that tweaks could be made to significantly alter the number of crossings, but that has proven simply not to be the case, and they now have very little time left. The only country with a proven track record is Australia, and it implemented a policy of not allowing people to stay.

Tweaking will not help. One in, one out with France will not help. The sooner the Government realise that, the better for the taxpayer, the better for those who want to be compassionate but do not want to be exploited, and the better for the crime agencies fighting the people-smuggling gangs. Virtue signalling will not achieve anything. Doing whatever it takes to actually regain control of our borders is the only thing that will, and the Government must get on and deliver it.

[The Parliamentary Under-Secretary of State for the Home Department (Mike Tapp)]

It is a pleasure to see you in the Chair, Mr Twigg. I thank the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) for clearly and comprehensively articulating the key facets of the petition that has resulted in us all being here on this sunny afternoon. I am grateful to him, to the petitioners and to all other Members who have spoken. We have heard a wide range of views. I have listened with interest to the arguments advanced and the various points raised, and I will seek to respond to as many as possible in the time available.

Before I get into the detail, I must do two things. First, I assert again this Government’s unshakeable commitment to tackling illegal immigration. I am sorry to have to remind Members of the situation we inherited, but it was so dire that, two years on, the legacy of past failures remains. When we took office, smuggling gangs saw this country’s borders as a soft target. The enforcement of basic rules had ground to a halt. The system was in disarray.

We have worked hard since July 2024 to turn things around, and our efforts are having an impact. Over 44,000 channel crossings have been stopped in partnership with the French. Under our landmark returns agreement with France, those arriving can face immediate detention and removal. Removals and deportations of illegal migrants and foreign criminals have gone up, as have illegal working visits. We have more officers tackling organised immigration crime, and disruption of OIC is at record highs. Asylum costs, meanwhile, are down, as is the number of hotels being used to accommodate asylum seekers.

We are reducing the pull factors, and we will do whatever it takes to secure effective returns co-operation with our international partners. We will use every lever available to return those with no right to be in the UK. In November, we threatened visa penalties against Angola, Namibia and the Democratic Republic of the Congo. Within weeks, my Department had successfully negotiated new arrangements and it is now conducting returns on that basis. My message is clear: if foreign Governments refuse to accept the return of their citizens, they will face the consequences. That is just the start of our action. Countries that do not co-operate on returns cannot expect a normal visa relationship with the UK.

We do all of that and more, because the Home Secretary has said from day one that we must do whatever it takes to restore order and control to our borders, but we also know that there is much more to do.

[Dr Mullan]

Let us say that in a year from now, all this stuff has not worked and the Home Secretary has committed to doing whatever it takes. Does “whatever it takes” include withdrawing from the ECHR?

[Mike Tapp]

We must remember that the ECHR, which I will say more about later in my speech, underpins many of the exact returns agreements that we rely upon to deport and remove people.

[Dr Mullan]

Does the Minister really think that Canada or Australia do not get to deport people? Those countries are not in the ECHR, but they have deportation agreements with third countries, so in no way is it a necessity to be in the ECHR to have deportation agreements.

[Mike Tapp]

It is an absolute fact that many of our returns agreements are underpinned by our membership of the ECHR. I will now make some progress.

That is why we are embarking on the most significant set of asylum reforms in a generation. Under our plans, the UK will continue to play its part in helping the world’s most vulnerable people. However, to meet the challenges of today, we must address the fact that this country is more attractive to asylum seekers than other countries in Europe, so we are acting, including through the introduction of new legislation, to build a new fair but firm asylum model, based on contribution, integration and respect for UK laws.

Of course, the reason I mention all that is that it goes to the heart of the problem that this petition seeks to answer, which is the arrival of illegal migrants and their continued presence in this country. We understand why people are frustrated after years of chaos and crisis. That is why we are taking concerted and decisive action to restore order and control.

I will now move on to my second point, which is to address the specific thrust of this petition, namely that the Government should seek to establish offshore detention facilities for individuals who enter the UK illegally.

We have been clear that we will continue to work with international partners to tackle the global challenge of irregular migration. However, interventions must work in practice, they must offer value for money and they must comply with the UK’s international obligations. The Government are doing whatever it takes to secure our borders, including the introduction of the most sweeping asylum reforms in a generation.

The petition also refers to deportation, to which I would reply that more people with no right to be here are being removed from British soil under this Government than at any time in years. Since the election, we have removed or deported nearly 70,000 people who were here illegally.

I turn now to some of the specific points made by Members. My hon. Friend the Member for Hartlepool (Mr Brash) made an absolutely fantastic contribution. I agree with him wholeheartedly that it is important that we get the rhetoric right and that it is our responsibility —the responsibility of all of us in this Chamber—to ensure that we do not pitch neighbour against neighbour. Unity is British; division is not.

I turn to the contribution of the hon. Member for Runcorn and Helsby (Sarah Pochin). She made a good point about visa overstayers; they do make up a large proportion of those who are here illegally. We have paused the health and social care route and we have also paused automatic family reunion. We are imposing stricter measures on universities to ensure that that route is not abused, and we have already seen the number of those who are seeking to claim asylum after signing up to a university drop significantly. But of course, we are looking to go further across the board on legal migration and overstayers.

The hon. Member also talked about rapists and paedophiles. Everyone here agrees that if a rapist, a paedophile or a criminal has come to this country, they should not be here, and it is important that we make changes to the ECHR—a process that is ongoing at this time—to deport and remove those people.

[Dr Mullan]

But we do not deport all rapists and paedophiles, because some of them make successful ECHR claims and get to stay in the country. Again, unless the Government are willing to tackle that, they will not get to do the things that the Minister has so much rhetoric about.

[Mike Tapp]

The hon. Member’s party had 14 years to make changes, but they absolutely failed. We inherited their open borders and their broken system, but we are working hard behind the scenes, as we speak, to make the ECHR more fit for purpose.

Let me move on to the contribution of my hon. Friend the Member for Clapham and Brixton Hill (Bell Ribeiro-Addy), who made very good points about the cost of some of these proposals. Everything that we do in the Home Office must be costed and must be affordable to the British taxpayer, and of course we have a duty to protect those who are fleeing war and persecution, which is one of the things that makes Britain so great.

The right hon. Member for Tatton (Esther McVey) made a good point about the single dinghy having more individuals on it over the weekend. The reason is that we are attacking the supply chains and taking boats out of the supply chain, which means that more people are being forced on to these boats. We acknowledge that that is dangerous, which is why we are working hard with our international partners to stop these boat crossings. Disruptions of boat crossings are now at around 44,000.

--- Later in debate ---

[Mike Tapp]

My hon. Friend makes an important point. We saw the start of the boat crossings crisis only after we left the EU; of course, the Dublin agreement provided some sort of deterrent. However, reopening the Brexit wound is not something I want to do, which is why we are looking at introducing more returns agreements, so that we can deport and remove more people.

[Dr Mullan]

I do not know whether hon. Members know this, but just for the record, we took more people than we sent back under the Dublin agreement. It did not act as any deterrent, because a person was more likely to get to the UK on the basis of the Dublin agreement than they were to be sent away.

[Mike Tapp]

I thank the hon. Member for his intervention, which is now on the record. I would be keen to discuss why he thinks the numbers went up, and why we saw about 180,000 people cross after 2018. [Interruption.] Perhaps that is something to discuss outside this room.

I will now move on to some broader points. I have tried to get around everybody who spoke; my apologies if I have missed anybody.