Border Security, Asylum and Immigration Bill

Luke Evans Excerpts

Report stage
Monday 12th May 2025 Commons Chamber

[Dame Angela Eagle]

Yes in some circumstances, but no in others, because some people who come over are genuine asylum seekers. Even under the right hon. Gentleman’s Government—when he, too, was in the Home Office—such people were granted asylum. As always, there are many different circumstances and each case has to be looked at and judged on its merits.

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

rose—

[Dame Angela Eagle]

I am sorry, but I need to get on, because we do not have a lot of time and I think I have been generous.

The Government have tabled further amendments, to which I now wish to turn, to strengthen the Bill. First, new clause 5 extends right-to-work checks. Preventing illegal working forms a critical part of the Government’s plan to strengthen the immigration system and restore tough enforcement of the rules, undermining the proposition sold by unscrupulous criminal gangs that individuals can work in the UK. In reality, such work is illegal and puts individuals in a vulnerable position and at risk of exploitation. Legitimate businesses are undercut and the wages of lawful workers are negatively impacted, with links to other labour market abuse such as tax evasion, breach of the national minimum wage and exploitative working conditions.

Those working illegally in the UK are exploiting a loophole in the existing right-to-work scheme, whereby only those organisations that engage individuals under a contract of employment are required to carry out right-to-work checks. Government new clause 5 means that those who engage individuals to work as casual or temporary workers under a worker’s contract, individual subcontractors, and online matching services that provide details of service providers to carry out work or services for potential clients or customers for remuneration, will be legally required to check a person’s right to work. Individuals who are self-employed in the traditional sense, and who contract directly with clients, will not be in scope of new clause 5, ensuring that a member of the public directly engaging a tradesperson or business will not have to carry out a right-to-work check. That is a long overdue extension of right-to-work checks to include sectors that were previously out of scope and to crack down on the unscrupulous exploitation of employment law loopholes.

I note new clause 2 tabled by my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel) and new clause 21 in the name of the hon. Member for Hazel Grove (Lisa Smart) on the Government’s policy on the right to work for asylum seekers, but it is important, as I said earlier, to distinguish between those who need protection and those seeking to come here to work. Although pull factors to the UK are complex, the perception of easy access to the labour market is among the reasons that people undertake dangerous journeys to the UK.

I turn to Government new clauses 6 and 7. First, asylum appeals in the first-tier tribunal of the immigration and asylum chamber currently take an average of nearly 50 weeks, according to the latest published statistics. That is because of the huge backlogs we inherited when we came into government. Government new clauses 6 and 7 seek to set a 24-week statutory timeframe, requiring the first-tier tribunal of the immigration and asylum chamber to decide supported accommodation cases and non-detained foreign national offender cases within 24 weeks from the date the appeal is lodged, as far as is reasonably practicable.

There are no easy or perfect choices here, but the Government have to take action, and we are focusing in the first instance on measures that will allow us to get people out of costly hotels and to facilitate the swift deportation of non-detained foreign national offenders, where that is in the public interest. While implementing the 24-week timeframe for supported asylum appeals and appeals from non-detained foreign national offenders, it is our expectation that the judiciary will continue to prioritise appeals lodged by detained foreign national offenders and the most vulnerable. We are working at pace in the Home Office and with the Ministry of Justice and His Majesty’s Courts and Tribunals Service to look at all possible improvements to the end-to-end immigration and appeals system and to the speed and efficiency of decision making and appeals, while continuing to guarantee access to justice. We will set out further reforms to the asylum system later this summer.

--- Later in debate ---

[Chris Philp]

The hon. Gentleman will know that around the world, there are very many female and child refugees. The last Government welcomed many of them here under the UK resettlement scheme from Syria. The young men who push themselves to the front of the queue in Calais are displacing potentially more deserving applicants. They are embarking from France, which is a manifestly safe country with a well-functioning asylum system. Nobody—including young men from Eritrea—needs to leave France to seek sanctuary when they can perfectly well claim asylum in France. Article 31 of the refugee convention, which in general terms prohibits the criminalisation of refugees, expressly says that that only applies if someone comes “directly” from a place of danger. France is not a place of danger. Much better that we choose the deserving cases, rather than having people pay criminal gangs to enter this country illegally from a place, namely France, which is safe.

[Dr Luke Evans]

The last Government introduced the idea of having age verification. That is important, because the evidence supports the suggestion that some young men claim to be younger than they are. Many other countries use medical age verification systems. Does my right hon. Friend have a reason why the Government decided not to take our amendments forward in Committee, and why they are not considering implementing them now?

[Chris Philp]

My hon. Friend raises an excellent point. In fact, he draws me to new clause 12, which we tabled. It mandates the Government to get on with implementing scientific age assessments, which scientifically verify if someone is or is not over the age of 18. Every other European country uses these tests. It could be, for example, an X-ray of the wrist.

--- Later in debate ---

[Chris Philp]

How about the hon. Gentleman votes for the cap this evening, and then we can debate what level it should be set at? We are not going to debate the level of a cap that currently does not even exist. His own Front Benchers are trying to deny him and every Member of this House a voice on this issue. If Labour Members believe in Parliament deciding these issues and in democratic accountability, they will vote for new clause 18 and let Parliament decide what the cap should be.

[Dr Luke Evans]

The cap idea builds on work that the last Government wanted to bring forward in relation to refugees and asylum seekers. The last Government asked councils to work out how many they could accommodate. It seems remarkably practical to say that while we are a generous nation able to look after people in need, that comes with a capacity. The whole idea would be to implement a cap and for all councils in England, Wales, Scotland and Northern Ireland to say what number they could hold, and for us to vote on it as a nation. Is that something my right hon. Friend would consider when it comes to dealing with asylum seekers?

[Chris Philp]

My hon. Friend makes a good point, and it is germane to the earlier discussion about people crossing the channel illegally. So long as we have 11,000 or 12,000 people crossing the channel a year—as I said, this is the worst year ever—it is very difficult to create safe and legal routes, because our capacity is completely taken up by people entering the country illegally.

If we can stop illegal migration by using the measures I suggested, and a removals deterrent in particular, that will create capacity for a limited safe and legal route for people who we—the Government and Parliament—judge to be deserving. We did that for the Syria crisis, where the UK resettlement scheme went to refugee camps on the Syrian borders, identified the most vulnerable refugees—often women and children—and brought them to the UK, instead of having people crossing the channel illegally and pushing their way to the front of the queue. That is exactly what a new, tougher approach on illegal immigration would facilitate.