Illegal Migration Bill

Liz Saville Roberts Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

Let me make some progress, and I will return to those Members who want to intervene.

It is important that we get the Bill right. I understand the complexity of the legal and operational challenges we face. In enacting this legislation, we must be alert to those who seek to use every possible tactic to thwart and frustrate its operation. We have seen that with our groundbreaking partnership with Rwanda, and we will see it again with this Bill.

Since its introduction, we have continued to examine how to make the Bill as robust as possible, as well as reflecting on the debates in Committee last month. The Government amendments before the House today reflect that further work and consideration. We have repeatedly made it clear that, as we reduce the number of illegal immigrants arriving on small boats and through other forms of clandestine entry, we will free up capacity for more people to come to this country through safe and legal routes.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

We know that, in 2021, 71% of asylum claims were successful, and that a further 47% were successful on appeal. This is not illegal migration. If those claims were successful, why are we not allowing people to work? Is the Minister trying to make it illegal for anyone to come in, thereby reducing our standing on the rule of law?

--- Later in debate ---

[Vicky Ford]

As I said on Second Reading, I support the premise of the Bill. Too many people’s lives are put at risk on small boats, and it is important to break the model of the people traffickers. We are also spending millions of pounds—indeed, billions—of our aid money on hotels for tens of thousands of people in the UK. That money should be spent on helping millions of people elsewhere in countries such as Sudan. I have just met representatives of Save the Children from South Sudan, who told me of their expectations that children who need help will be coming across the border. Without help, such countries will become even more unstable. More people will be forced to flee their homes, so more people will try to get on the small boats.

The small boats route is also extremely unfair. No country has an unlimited capacity to support asylum seekers. Those who arrive by illegal routes reduce and limit our capacity to provide the safe and legal routes that will help the most vulnerable. As I said on Second Reading, the introduction of new safe and legal routes needs to go hand in hand with closing down illegal routes. I am extremely grateful to the Government for listening to that point, and I have co-signed new clause 8.

On the issue of how children should be treated, I am extremely grateful to my right hon. Friend the Minister for Immigration for meeting me and my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) and listening to our concerns. I know that the Minister takes the welfare and safeguarding of children very seriously. I understand that we must be careful not to create perverse incentives for people traffickers that force them to target even more children and send them on small boat crossings, but depriving a child of their liberty is a very serious issue.

We have very strict rules in this country regarding the protection of children. I am very proud of those rules, many of which were introduced by this Conservative-led Government. Depriving a child of their liberty can have a serious and long-lasting effect on their mental health, so there need to be very strict rules. That is why I am a signatory to amendment 183, which makes it clear that a child’s liberty can be restricted only for a very limited period.

I am grateful to the Minister for listening to my concerns on the subject and to those of other former children’s Ministers. I listened closely to what he said at the Dispatch Box. I thank him for his assurance that he will work with my hon. Friend the Member for East Worthing and Shoreham to set out a new timescale on the deprivation of liberty issue. That timescale needs to be clear, and it needs to be set out in the Bill. It should be a handful of days, not a number of weeks. That is necessary to make sure that children are prioritised, because children are often those who are most at risk.

I agree that we need to be wary of the risk of creating an increased incentive for more adults to claim to be children. I recognise that some of those who claim to be claiming asylum are actually adults. However, roughly 50% of those whose ages are in dispute are children, and many of them will be very vulnerable. We need to ensure that there are short timescales for genuine, known children, but also that there is proper safeguarding for those whose age is disputed.

Another point of concern that has been put to me is that children who know they could be removed when they turn 18 may be at increased risk as they near their 18th birthday. They may be tempted to abscond from care, and may then fall into the hands of deeply worrying people and become subject to the modern-day slavery about which my right hon. Friend the Member for Maidenhead (Mrs May) speaks so eloquently. Members need to consider these risks, and to ensure that the Bill and the way in which it is implemented will not make vulnerable children even more vulnerable.

[Liz Saville Roberts]

New clause 1, which stands in my name, would give those detained under measures in the Bill the right to work in the UK after six months. I am pleased that it has received cross-party support and the backing of the Welsh Refugee Council. Words matter, and I hope to be as balanced as possible in my language, although there is much in this Bill that I find utterly abhorrent.

Those seeking asylum in the UK are currently effectively banned from working while awaiting a decision on their asylum claims. Permission to work is granted only in respect of jobs on the shortage occupation list, and then only after an asylum seeker has waited longer than 12 months for a decision, provided that the delay was not the fault of the asylum seeker. Once someone has been granted refugee status, that person has permission to work in the UK in any profession and at any skill level.

The Bill does not treat detainees as asylum seekers, and states that their asylum claims cannot be considered under the immigration rules. The spirit of new clause 1 is to do away with that false categorisation, and to recognise that these so-called detainees are asylum seekers. In doing so, it effectively removes the work restrictions that they would face if they were indeed classified as asylum seekers under the Bill. This builds on previous attempts to introduce a right to work after six months for asylum seekers, through proposed amendments in the other place to the Immigration Act 2016 and the Nationality and Borders Act 2022.

The present ban means that the majority of people seeking asylum in the UK end up living on £5.66 a day to cover almost all their needs, as they are excluded from mainstream benefits. That places them more than 70% below the poverty line. It cannot be right that asylum seekers are frozen in destitution while waiting for months, if not years, for a decision. Of the cases in the asylum backlog in December 2022, two thirds—nearly 110,000 people—had been waiting for more than six months, up from 44% of cases in December 2017, and that number will only grow as the Bill effectively freezes the asylum processing system altogether. If any Members present take issue with giving asylum seekers the right to work after six months of languishing in unsuitable accommodation and in poverty—that low, low-paid poverty—I say this to them: reject the Bill, and focus on rebuilding the asylum processing system so that people do not have to wait more than six months to receive an asylum decision.

We know that the majority of people who cross the channel will succeed in their claims to be refugees, and will eventually be able to work unrestricted once they have obtained their refugee status, provided that their asylum claims have been processed quickly and humanely. Asylum seekers have told me how the ban is affecting them. Seeye from Cardiff, for example, says:

“I am losing hope. All I want is a bright future. I am young, I can work. I am ready to start tomorrow and fund myself.”

Doesn’t he sound like a young Tory?

Overturning the ban has widespread public support, with a 2020 petition to the Home Office reaching 180,000 signatories and a 2022 poll showing that 81% of the public support people seeking asylum in the UK having the right to work.

[Yasmin Qureshi]

The right hon. Lady is making an excellent point. In fact, the Government should take this on board because we are told that one of the reasons for wanting to curb this is the cost to the public purse of maintaining people, but if they are allowed to work, we would not have to pay them to be in accommodation or pay them benefits. It is a win-win situation.

[Liz Saville Roberts]

Indeed it is.

We know that our economy is suffering from chronic labour shortages, and that is in part down to Brexit. Why can we not think out of the box? Why can we not stop looking at people as a problem and start looking at them as part of the solution? I know this because Ysbyty Tywyn in my constituency has closed its wards because it cannot get staff. I represent an area with an older demographic, and we cannot get carers. And yet we are a week away from the local elections in England and this is what we are talking about. We are not thinking sensibly in the 21st century. Meanwhile highly skilled asylum seekers are sitting idle in detention centres, eager to work and keen to contribute to our society but banned from doing so.

There are 1.2 million job vacancies in the UK. Businesses are crying out for workers, and 70% of businesses want to give asylum seekers the right to work after six months. New clause 1 would allow those people detained for six months or more to apply for permission to work, including self-employment and voluntary work. This could do so much; it could be such a boost for our economy when we are suffering after Brexit. The right to work is a fundamental human right and it is crucial for the wellbeing of asylum seekers and their integration into society. It is also beneficial for the economy, as businesses want to be able to access the skills and experience of asylum seekers.

I call on the Government not to look at asylum seekers as a political threat but to see this as the thing that the United Kingdom is proud to do well. We should be proud to do this well and proud to hold our heads up high within the global order. These people are always a potential, not a threat, and we should be working with that potential as best we can.

[Laura Farris]

I spent considerable time in the last debate addressing the European convention on human rights, and the House will be relieved to hear that I am not going to do the same thing again today, but I will just say one thing. My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) is correct to say that we have no say on who sits in the European Court of Human Rights, but no MP has any say on who sits in the Supreme Court in this country either, and the reason that nobody can give me an example of the European Court interfering with a material change to our domestic immigration laws is because there isn’t one.

I want to congratulate the Government on reaching an agreement with my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) on new clause 8, which I think gives the Bill moral clarity. The aim of this Bill is to extinguish a route, not a right. The Bill says that if someone enters the United Kingdom by small boat or any other illegal route, they cannot claim asylum now or ever, but we are maintaining compliance with our legal obligations under the refugee convention only when we can say in parallel that there are safe and legal routes that they could and should have taken as an alternative. It is already clear that this was envisaged by the Bill because it is dealt with in the provisions in clause 53 in the context of annual quotas agreed in conjunction with local authorities. It is plain that this is the direction that not only the United Kingdom but all our European neighbours are moving in, faced with the mass migration flows of the modern day that simply could not have been envisaged when the refugee convention was drafted.

I also want to talk about new clauses 22, 19 and 23 to 25. My first observation is how closely they resemble laws that were tried but ultimately failed under the last Labour Government. That is not me scoring a political point; this is difficult stuff. A lot of this is in the Nationality, Immigration and Asylum Act 2002 and the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 but it never really worked, and here is why I say that this is important today. I want to talk about identification documents, mobile phones and age verification, all of which I have experience of in immigration tribunals. All these things boil down to one critical principle: that he who asserts must prove.

I refer the House to the evidence of Dan O’Mahoney, the clandestine channel threat commander, to the Home Affairs Committee in September 2020. Asked about the number of small boat arrivals who have identification documents, he said:

“I can’t give you an exact figure, but I can tell you that it is almost none—very, very close to none. Generally speaking, encouraged by the facilitators, they will get rid of any sort of documentation …phones, SIM cards, anything…before they are intercepted by Border Force… They literally arrive in the clothes that they are wearing.”

I invite the House to contrast that with Operation Pitting. Every single person who left Kabul in haste in the summer of 2021 arrived in the United Kingdom with an identification document.

The lack of identification documents is a major problem, because it means the Home Office is entirely reliant on language tests and interviews to ascertain background facts. The best it can do is guess whether a claimant is genuine, which leads to a lot of economic migrants being given asylum when they probably would not have proved their case if they had documents. That has contributed to a huge degree of abuse in the system.

The same principle applies to mobile phones. In an era of mass technology, in which smartphones are as commonplace in sub-Saharan Africa as they are in London and in which 5 billion people use social media, it must be right that a negative assumption is reached about any individual who does not provide access to their phone as a way of establishing their identity.

I repeatedly dealt with age verification at the tribunal, the appeal tribunal and the High Court. It is not good enough to rely purely on a Merton-compliant test. Until very recently, we had no scientific method by which to establish a person’s age. Of course small children do not go through age verification, but the vast majority of children who arrive claim to be around the age of 17. We now have the technology to allow age verification, so it cannot be left as a matter of discretion or as an option for the applicant. If they say they are under 18, they must be obliged, as these new clauses require, to undergo proper age verification.