Illegal Migration Bill

Debate between Laura Farris and Tim Farron

Tuesday 11th July 2023 Commons Chamber

[Laura Farris]

I will come back on two points. First, under the Bill, annual quotas will be decided upon with the consent of various local authorities that will be responsible for accommodating those people, and that is the right approach. On illegal migration, people arriving through irregular routes should not take precedence over those arriving lawfully through safe and legal routes. We could not allow a system where one displaces the right of the other, and that is a feature of this Bill.

The second thing I want to talk about is the effect of judicial reviews. Lords amendment 7 would permit judicial reviews. I cannot improve on the language used by David Blunkett when he was Home Secretary, introducing Labour’s flagship immigration Bill, the Nationality, Immigration and Asylum Act 2002, which was supported at the time by the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). I wanted to refresh my memory of what he said on Second Reading, because it was a powerful part of his speech. He said:

“At the moment the system is virtually unworkable. People can bring a judicial review during the process of the initial appeal, and when they reach the right to appeal to the tribunal they can judicially review the tribunal for not allowing the appeal to the tribunal. They can then judicially review the tribunal’s decision and they can judicially review whether they are entitled to go to the court of appeal following failure at the tribunal. The whole system is riddled with delay, prevarication, and, in some cases, deliberate disruption of the appeals process. Then they can judicially review the decision on removal even when the appeals have been gone through.”—[Official Report, 24 April 2002; Vol. 384, c. 355.]

We have simplified the system a bit since then, but effectively he is right. He was right then to seek to effect removal after one right of appeal had been exhausted, and the Government are right now to aim for swift removal without judicial review holding everything up.

My final point, briefly, is about the speech that the former Supreme Court Justice Lord Brown made on Second Reading of this Bill in the Lords. He sat as a Cross-Bench peer, and he died on Friday. He said:

“No doubt the Bill can be improved in various ways, but we must recognise that almost every amendment we make to soften it can tend only to weaken its essential objectives: stopping the boats… We really must…give the Government the opportunity by this Bill finally to confront this most intractable of problems.”—[Official Report, House of Lords, 10 May 2023; Vol. 829, c. 1806.]

[Tim Farron (Westmorland and Lonsdale) (LD)]

I start by referring Members to my declaration in the Register of Members’ Financial Interests for the support I receive from the Refugee, Asylum and Migration Policy project.

Despite their lordships’ best efforts, this remains in my 18-plus years in this place comfortably the worst piece of legislation I have seen come to this House. That is not because I disagree with it—I have probably disagreed with most stuff in my 18 and a bit years here—but because it is based on several bogus understandings of the truth. Within it, there is a deplorable bias towards the inhumane.

To start with Lords amendment 1, we have an attempt to get the Government to do something massively radical: to comply with international obligations. The notion that we should not do that, or that we do not need to do that, is based upon the desire to depict the current situation—the boats situation and the asylum situation in the UK—as an emergency. I will come to that in a moment.

The two likely consequences of the UK habitually choosing to not comply with its international obligations are: first, that we become a pariah, and are seen internationally as not a team player, and thereby we are less effective in all parts of our policy around the world, whether economic, defensive or otherwise; and, secondly, that others will copy us and, as a consequence, the whole system breaks down. I often hear Members on the Government Benches say, “France is a safe country, why don’t people stay there?”. The simple answer to that is, “Yeah, it is. So is Spain and so is Italy.” If we end up in a situation where other people copy us, the whole network breaks down and we end up in a desperate situation. If we care about our position internationally, we need to care about that.

Let us turn straight to the Government’s justification for not complying with their international obligations, including issues to do with modern slavery and child detention, on which the Lords has made helpful amendments. Their explanation is that the situation constitutes an emergency. Does it? In the Home Secretary’s words, we are currently being swamped by refugees. Let us look at some facts to see whether either of those things bears any scrutiny. As we speak, Germany takes four times more asylum seekers than the United Kingdom, and France takes 2.5 times more asylum seekers than the United Kingdom. If we were to add the United Kingdom back into the European Union for statistical purposes, just 7% of asylum seekers would come to the UK and, per capita, the UK would be 22nd out of 28. Demonstrably, the United Kingdom has not faced an especial problem. We are not being swamped, and such language is demeaning of this country and of the office of Home Secretary.

The Government say, “Ah, but it’s different here, because we’ve taken in 250,000 Ukrainian refugees as well as those coming in through other routes.” I am utterly proud that the United Kingdom has been among those countries who have taken in the most Ukrainian refugees, but we have not taken the most. Germany has taken 1 million Ukrainian refugees and, as I said, it still takes four times more asylum seekers than us, and Poland has taken 1.5 million Ukrainian refugees. It appears that talking about our support for Ukraine and Ukrainian refugees is an excuse for the Government in seeking to avoid their international obligations.

Britain’s problem needs to be put into overall context. The reality is that 70% of the millions of displaced people and refugees on planet Earth flee either to a different region of their country or to a neighbouring country. A steadily decreasing trickle of people end up at the end of the line—and, my goodness, the United Kingdom, over the channel, is the end of the line. Again, for us to state that we face an especial emergency in terms of the numbers of people coming here is totally bogus. It is important to state that and put it on the record.

Illegal Migration Bill

Debate between Laura Farris and Tim Farron

Committee stage
Monday 27th March 2023 Commons Chamber

[Tim Farron]

I thank the hon. Lady for articulating the case so clearly. When all is said and done, we should ask why we have a problem. I have set out irrefutable numbers showing where we are in the world, and in Europe, in terms of the number of asylum seekers we receive on our shores: far fewer than most European countries, far fewer than many smaller European countries, and an absolute blinking fraction compared with the likes of Lebanon, for instance. Nevertheless, we have a problem, and why do we have a problem? Because the Home Office is dysfunctional.

It is outrageous that there are people sitting in hotels and hostels being jeered at by right-wing protesters, wound up by those on the other side of the House who have used—if I am being generous—intemperate language. Why are there so many people in those places? Because the system is broken. We are not “swamped” by refugees; we have an asylum system run by an incompetent Government, and what is perhaps the most morally outrageous aspect of this whole debate is the fact that these people, whether or not they are genuine asylum seekers—and we will not know whether or not they are unless we blooming well assess them—are being blamed for the Government’s incompetence. What a moral outrage. There is, of course, a case for making changes in the law, and I do not believe in open borders, but what the Government are proposing is uncontrollable borders. As I have said, language has consequences, and we should be careful about how we use it.

[Laura Farris]

We in the Home Affairs Committee heard from Dan O’Mahoney, the clandestine channel threat commander, that the number of arrivals on small boats with any identifying documents is almost zero, because the people smugglers encourage them to dispense with all “pocket litter”, as he described it—passports, phones and SIM cards—on the basis that it will confuse those at the Home Office and make it impossible for them to distinguish between asylum seekers who are genuine and those who are not. Is not one of the problems experienced by the Home Office the fact that it is confronted with people who cannot prove who they are? Is not that, and the direction given by the people smugglers, at the root of this issue, rather than Government incompetence?

[Tim Farron]

In which case, the hon. Lady would propose a Bill that aimed to stop the boats and undermine—

[Laura Farris]

rose—

[Tim Farron]

I am trying to respond to the hon. Lady’s first point. [Interruption.]

[Tim Farron]

If the hon. Lady really wanted to deal with the issue that she has just articulated, she would do something to undermine the business case of the people smugglers. Of course these people are doing what they are guided to do—

[Laura Farris]

rose—

[Tim Farron]

I am happy to take another intervention.

[Laura Farris]

The hon. Gentleman is challenging the Government to pass legislation that requires the arrivals to produce documents. The last Labour Government tried that with the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which made an asylum claim contingent on the provision of adequate documents. I do not know what has happened to that legislation—perhaps the Labour Front Bencher who winds up the debate can illuminate us—but the truth is that successive Governments have tried to require the provision of identification documents, but 20 years later people are still arriving without them, and are being given asylum on the basis of what the Home Office cannot prove.

[Tim Farron]

I appreciate the hon. Lady’s intervention, but if she really wanted to achieve that, she would support safe and legal routes. That is the way to tackle those problems. The simple fact is that we are dealing with a political issue. Why? Because the Government have failed to retain control of the asylum process. They do not trust their own process. I believe in assessing people to establish whether they are genuine asylum seekers or not, and then returning them if they are not. I want a system that is fair and tough, but the Government are proposing a system that is unfair and weak.