Nationality and Borders Bill

Debate between Matt Western and Jack Brereton

2nd reading
Monday 19th July 2021 Commons Chamber

[Matt Western (Warwick and Leamington) (Lab)]

Thank you, Madam Deputy Speaker, and congratulations.

Before I come to the substantive points I wish to raise in relation to the Bill, it is worth reminding ourselves that what we are debating tonight touches on the experiences of some of the most vulnerable people in global society. Facing an ever-hardening legal system, asylum seekers find themselves in what can only be described as a paradox of precarity. The legal system offers asylum seekers little to no support, despite their already fragile and precarious position. That cannot be a satisfactory state of affairs.

I contend that this Bill only serves to entrench that paradox of precarity. While an account of the traumas faced by those who have fled their homeland for fear of persecution is best left to those who have first-hand experience, we cannot overstate the pain, suffering and disorientation faced by many of those who arrive on our shores. Let us reflect on the plight of the Uyghurs, the Rohingya and the Tigrayan people, for it is those groups the Bill will fall hardest on—those fleeing war and genocide.

For a nation whose proud reputation was part-founded on welcoming the persecuted over many centuries, this Government are doing much to trash that. Compare Germany, which accepted 1 million from Syria, Iraq and Afghanistan in 2015, with the UK promising to take just 20,000—a mere 2%. Our reputation is the reason why our legal system ought to be a bastion of firm, steady protection for those most in need, rather than—as will be the case in the event of the Bill’s passage—a contributory force in the erosion of the rights of asylum seekers. Our reputation is the reason why our legal system ought to be a bastion of firm, steady protection for those most in need, rather than—as will be the case in the event of the Bill’s passage—a contributory force in the erosion of the rights of asylum seekers.

[Jack Brereton (Stoke-on-Trent South) (Con)]

Will the hon. Gentleman give way?

[Matt Western]

I am afraid that I want to let everyone speak this evening.

Let me give three clear examples of how the Bill will contribute to weakened protection for asylum seekers. First, clauses 16 to 20, requiring them to provide evidence supporting their claim by a specific date, appears to be almost entirely arbitrary. Indeed, the Immigration Law Practitioners Association has said that those clauses ignore the practical difficulties faced by many asylum seekers. Secondly, clause 24, which allows the Home Secretary to accelerate appeals when she thinks they would be disposed of expeditiously, grates against both article 34 of the UN refugee convention and the principles of natural justice—the very principles on which our legal system is founded, signed into force by the Attlee Government. It is more than regrettable that the convention appears now to be held in such little regard by this Government. Thirdly, not only will the Home Secretary have a much wider arsenal of powers at her disposal, but the Bill authorises decision makers to decide on the balance of probabilities, rather than on the basis of reasonable likelihood, whether a person claiming asylum has a well-founded fear of persecution.

Let us be clear: this amounts to an unnecessary raising of the legal bar for asylum seekers to succeed in cases. I struggle to see a valid policy reason for such a move, in the light of the Home Secretary’s commitment to upholding the apparently long, proud tradition of providing a home for people fleeing persecution and oppression. The answer lies not in raising the bar disproportionately high for asylum seekers to overcome, but in a more holistic approach to the support offered. It is not just our footballers who see this divisive Government for what it is; the public are more compassionate than the Government, and they seek a fair, compassionate system to provide for those in need.