Illegal Migration Act: Northern Ireland

Lindsay Hoyle Excerpts

Tuesday 14th May 2024 Commons Chamber

[Tom Pursglove]

I am very grateful to the right hon. Gentleman for his constructive tone as he eloquently makes his case. I note the narrative that he has advanced. The Government are considering judgment very carefully, as you would expect, Mr Speaker, and we are taking legal advice. I can reconfirm, as the Prime Minister said yesterday, that the Government intend to appeal the judgment.

We have consistently made it clear that the rights commitments in the Belfast/Good Friday agreement should be interpreted as they were always intended, and not expanded to cover reserved issues, such as illegal migration. We are equally clear that immigration is a reserved matter that has always been applied uniformly across the UK. We do not accept that the Good Friday agreement should be read so creatively as to extend to matters such as tackling illegal migration, which is a UK-wide issue and not in any way related to the original intention of the Good Friday agreement.

On the specific point about the common travel area, all immigration legislation provides a UK-wide framework for legal and illegal migration. We continue to have a constructive working relationship with the Irish Government when it comes to ensuring that abuse of the common travel area is robustly and appropriately tackled. On the specific point about asserting Parliament’s sovereign will around these matters, I would argue that the recent Safety of Rwanda Act clearly asserts Parliament’s sovereign will. While the latest judgment relates to the IMA, we are committed to appealing it.

[Mr Speaker]

I call the Chair of the Northern Ireland Affairs Committee.

[Sir Robert Buckland (South Swindon) (Con)]

This case, together with the case a few months ago about the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, have a common theme: the applicability of article 2 of the Windsor framework and the direct application of EU law. What are the Government going to do about that? Will they seek to expedite the appeal directly to the Supreme Court? It seems to me this is a fundamental issue that need resolving. Further, will they seek further clarification, either from the Joint Committee on the Northern Ireland protocol or by other means, to clarify the situation and protect non-devolved matters from being dealt with in this way?

[Tom Pursglove]

I am always grateful to my right hon. and learned Friend for his contribution. He speaks with real authority, given his professional background, his role in this House, and his former position as a distinguished Secretary of State and Lord Chancellor. He will recognise that the court will make its final order in two weeks, when an appeal can be brought. He made a number of observations, on which Ministers will reflect when taking decisions, but as I have said, and as the Prime Minister has made very clear, it is our intention to appeal this judgment. We think that it is right and proper to take all steps necessary to defend our position.

[Mr Speaker]

I call the shadow Minister.

[Stephen Kinnock (Aberavon) (Lab)]

The Conservative chaos continues. It truly beggars belief that just weeks after the Prime Minister negotiated the Windsor framework in February last year, he promptly brought forward immigration legislation that appears to have left Northern Ireland with immigration rules that are different from those for the rest of the UK. Concerns about the Illegal Migration Act 2023 were raised at the time by the right hon. Member for Belfast East (Gavin Robinson), as he has just pointed out; why did the Government choose to ignore his warnings? I do not believe that the Minister answered the questions that the right hon. Gentleman just put to him.

We on the Labour Benches are utterly committed to upholding both the Good Friday agreement and the Windsor framework in all their dimensions, but this Government appear to be more committed to their failing Illegal Migration Act. Can the Minister assure the House that nothing that the Government do will in any way compromise the Good Friday agreement or the Windsor framework?

For those who are understandably struggling to keep up with the never-ending stream of immigration legislation that has been flowing from this Government, the Illegal Migration Act was the second of three Bills, all of which had one goal in mind—sending asylum seekers to Rwanda—and all of which are completely failing on their own terms. It has been a shambles from start to finish. Meanwhile, we on the Labour Benches are clear about the problem that we face: large numbers of desperate asylum seekers are crossing continents, exploited by criminal smuggling gangs who operate routes across the English channel, and are being met by an incompetent and clueless Conservative Government who have lost control of our borders and are addicted to headline-chasing gimmicks.

In contrast, the Labour party would never have gone down the Rwanda rabbit hole. Instead of wasting taxpayers’ money on Rwanda, we would introduce a new border security command, with extra resource and new powers to go after the criminal gangs. Instead of using expensive asylum hotels, we will deliver our backlog clearance plan, and will have a new returns unit to remove people with no right to be in the UK. I once again urge the Minister to stop flogging this dead horse of a Rwanda policy, and to instead adopt Labour’s pragmatic plan to stop the Tories’ small boats chaos and fix our broken asylum system.

--- Later in debate ---

[Mr Speaker]

We come to the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

The SNP welcomes the judgment from the High Court of Belfast, and thanks the Northern Ireland Human Rights Commission and the individual in the other case for taking this matter forward. It is important that these awful pieces of legislation are challenged. I note to the Minister that this judgment came from a domestic court, not the international courts that the Government seem so terribly afraid of and consistently run down. The court found that the Illegal Migration Act 2023 was incompatible with article 2 of the Windsor framework and with the European convention on human rights; sections 2, 5 and 6 of the 2023 Act lead to a diminution of rights. The court also found incompatibility between the 2023 Act and the Human Rights Act 1998 on the duty to remove, obligations to potential victims of modern slavery and human trafficking, and responsibilities to children and their best interests—all extremely serious matters that remain of concern.

As the right hon. Member for Belfast East (Gavin Robinson) said, all this was entirely predictable. The Government were warned about the implications for the Good Friday agreement throughout proceedings on the Illegal Migration Act and the Safety of Rwanda (Asylum and Immigration) Act 2024. Can the Minister say why his Government failed to heed the warnings and expert advice? Why did they ignore the status of Northern Ireland, and what now for the applicability of the Rwanda Act in Northern Ireland?

My fellow Scottish MPs and I are disturbed by the fact that our constituents, neighbours and friends are not even afforded the same rights as those in Northern Ireland. What are the implications of that decision for the Union? Human rights should be for all of us.