Safety of Rwanda (Asylum and Immigration) Bill

Debate between Michael Tomlinson and Alison Thewliss

Committee of the whole House
Tuesday 16th January 2024 Commons Chamber

[Michael Tomlinson]

My hon. Friend might have been a touch facetious in her intervention—she herself said it, otherwise I would not have dared to say it—but I understand what she says. Suffice to say, we are confident in the safety of Rwanda and the aim of the Bill is to prevent domestic courts and tribunals from considering claims that relate to the general safety of Rwanda, hence clause 2 and the points raised by my right hon. and learned Friend the Member for South Swindon about the evidence, the treaty and the fundamentally changed situation.

Let me turn to the hon. Member for Glasgow Central and her amendments. She is right that the amendments seek to undermine the core objectives of the Bill.

[Alison Thewliss]

indicated assent.

[Michael Tomlinson]

The hon. Lady has been straightforward about that; she is nodding. We are agreeing yet again during the course of these exchanges. It will do nothing for her street credibility in her constituency, but we are agreeing at least on that point. Her amendments would undermine the provisions aimed at narrowing the grounds on which people can challenge their removal to Rwanda in courts or tribunals.

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[Michael Tomlinson]

I am grateful to the shadow Minister for his intervention. When he was setting the policy out in his opening remarks, he said that it would invite further legal challenges. Those of us on the Conservative Benches want to shut out legal challenges; those on the Opposition Benches want to encourage further legal challenges.

The Government have delivered a plan for immigration that will work. It builds upon the excellent work of my right hon. Friend the Member for Witham (Priti Patel)—the champion of the Nationality and Borders Act 2022—and of my predecessors, my right hon. Friend the Member for Newark and my right hon. and learned Friend the Member for Fareham, who worked incredibly hard to deliver the long-awaited Illegal Migration Act, the toughest piece of immigration legislation until the Bill before us.

Just look at Albania. Our successful deal with Albania, which started with small numbers, has now removed nearly 6,000 people with no right to be here. We know that deterrence has worked because small boat arrivals from Albania are down by 94%. Legal challenges have not successfully stopped the flights to Albania. Those flights have not been stopped; in fact, not a single case of Albanian small boat arrivals has reached a substantive hearing at the upper tribunal in the past year.

We on the Conservative side of the Committee are united in our determination to ensure that the Bill works. As drafted, it creates an ever-tighter test than for illegal migrants facing removals to Albania. Our Rwanda Bill is tougher, tighter and goes further. We have a plan to stop the boats, and I invite hon. Members to back it.

[Alison Thewliss]

What a despondent, pathetic, ridiculous Bill this has been, and what a grim debate it has been to listen to. We have heard a wide range of speeches, most of which, I am afraid to say—I am putting it politely—were absolute guff. The UK is not looking to accommodate 8 billion people—of course it is not. Most people in small boats are not economic migrants; we know that, because the Home Office grants them asylum.

The only Member, I believe, who mentioned the people whom this Bill will affect was my friend the hon. Member for Sheffield, Hallam (Olivia Blake), who talked about the impact it will have on real people, on their lives and their futures. As far as I can establish, not one of the Conservative Members has ever met or spoken to an asylum seeker, or has any conception of the struggles they have been through, because they were not able to cite a single one sitting opposite them in their surgeries. Asylum seekers have done them no personal harm, yet they seek to ruin their lives. To make it light for a second, my hon. Friend the Member for Inverclyde (Ronnie Cowan), who ended up being crocked at the refugee football tournament he played in, does not bear any ill will towards the asylum seekers who played in that game. I think he mostly bears ill will towards me for forcing him to play in it, not the asylum seekers and refugees whose silky skills outclassed us on the football pitch. I encourage Members who want to learn a little bit more to sign up for the refugee football tournament, which will be coming up before we know it.

The UNHCR does not buy the Government’s assurances. It has been very clear that nothing that has been said or done has changed the situation. The UNHCR says that the Rwanda partnership treaty is not compatible with international refugee law, and that we cannot declare Rwanda a safe country in perpetuity. I do not believe that we should be declaring any country a safe country in perpetuity, as my hon. Friend the Member for West Dunbartonshire (Martin Docherty-Hughes) said in relation to India, where Jagtar Singh Johal is still being held in arbitrary detention with no effort from this Government to see justice done for him.

This scheme fails in many respects. It is an affront to human rights, to the dignity of individuals and human beings, and to the international obligations that this Government have claimed they hold dear—they ask other countries to abide by international conventions and rules, yet undermine those rules when it suits them. There is a practicality issue as well. The Independent has just published some figures that the Committee may find interesting. Over the past five years, Rwanda has assessed only 421 asylum cases in total, and has refused two thirds of those cases. Many of those people are from Afghanistan and Syria, and have an indisputable case for their asylum claim to be heard. We know that Rwanda has form in not upholding its obligations: when it had a deal with Israel, it did not uphold those obligations, and nobody has given any evidence that anything has changed since the Supreme Court’s ruling on this issue last year.

Turning to the issue of deterrence, which many Conservative Members have mentioned, 70,000 people have crossed the channel since the Rwanda deal was signed. If that deal were any kind of deterrent, it would have had some kind of effect, would it not? That has not happened, and in any event, this Government seek to remove to Rwanda only a couple of hundred people out of that 70,000. They are absolutely incompetent in bringing this Bill before us today. It is a toxic distraction from a failing Home Office and a failing Government. They should do the work, process the cases, and give refugees and asylum seekers the dignity and safety that they so richly deserve.

Question put, That the amendment be made.

Rwanda Plan Cost and Asylum System

Debate between Michael Tomlinson and Alison Thewliss

Tuesday 9th January 2024 Commons Chamber

[The Minister for Countering Illegal Migration (Michael Tomlinson)]

Oh, how much I enjoyed the smile on the shadow Minister’s face as he wound up. I am delighted to have the opportunity to wind up this debate. My only disappointment, perhaps even slight sadness, is that this motion is more about process than it is about substance. On the substance, what we have not heard from those on the Opposition Benches is the cost of not acting. There is the financial cost: the illegal migration costs to the British taxpayer, amounting to billions of pounds a year, including £8 million a day for emergency housing, pressures on public services and more. There is also the human cost, the moral case for our Rwanda policy—I will turn to the speech of my hon. Friend the Member for South Ribble (Katherine Fletcher) in a few moments—and the compassionate case for our Rwanda policy. How many more lives must be lost in the channel before Opposition parties join us in our mission to end those dangerous journeys?

The Rwanda policy is one part of an intensive and focused strategy for tackling illegal migration. As my hon. Friend the Member for Corby (Tom Pursglove) pointed out, the plan is delivering. Small boat crossings are down by 36%—a reduction that has been achieved even as numbers rise elsewhere in Europe. We know that there is more to do, and the Rwanda policy will give us a powerful tool to complete this mission.

I will turn to some of the Back-Bench contributions, but I will start with the SNP Front-Bench spokesman, the hon. Member for Glasgow Central (Alison Thewliss). I did not disagree with everything she said.

[Alison Thewliss]

I’m resigning!

[Michael Tomlinson]

The hon. Lady threatens to resign, even as I say that. I knew she would be disappointed because I agreed with her on this point: she rightly challenged Labour on what its plan was. She is right to ask those questions, which have been repeated across the House.

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) was absolutely right to set out that this is a complex and challenging issue. There is no lack of robust scrutiny from him, not least during the course of Home Affairs Committee sittings. He rightly pointed out the lack of credibility from Labour—that there is no plan or alternative put forward. I look forward to further scrutiny from him, and he rightly said that the motion is a Labour gimmick and con.

The right hon. Member for Kingston upon Hull North (Dame Diana Johnson) addressed the substance of the motion and was credited for that by my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland). What she did not set out was what Labour’s plan was in the alternative. My right hon. and learned Friend reminded us that this was a process debate, not a debate of substance. He rightly said that when one does not have much of a policy, one relies on process debates and Humble Addresses—how right he was. This is a global issue, and Labour’s one policy is that even if Rwanda works, it would scrap it. My hon. Friend and neighbour the Member for Poole (Sir Robert Syms) set out his experience, and I treat it very seriously not only because he is my neighbour, but because he is an MP with a port in his constituency. He put it well when he said that the motion is a substitute for having a policy, and how right he was.

I do not have time to delve into each and every one of the interventions by my hon. Friend the Member for Bury North (James Daly). He rightly commented that the debate is a gimmick, but he also set out quite seriously the deterrent effect that is part of our Rwanda scheme. My hon. Friend the Member for South Ribble set out the fact that some of the most vulnerable people we are talking about are being coerced by criminal gangs. She was right to state both that and the moral case for our policy.

The Government have a plan—this Rwanda plan—for deterring those dangerous journeys, but what again is the Opposition’s plan? They do not have one. Their only reported plan is one that would increase the number of asylum seekers to this country, by allowing them to make claims from other countries. We do not accept that proposition. It would mean taking people from safe countries where they can already seek refuge from persecution, and there is no way that we could accommodate each and every one of those claims. What is the Opposition’s plan?

As we have heard during the course of this debate, Labour has voted against our measures 86 times, but we will not be deterred. We will do right by the decent, law-abiding people of this country, who want and expect secure borders and an effective immigration system. When people with no right to be here know that they will not be able to stay, they will stop coming.

We know the deterrent effect because we have seen it with Albania. A year ago the Prime Minister secured the deal with Albania. Planes took off and more than 5,000 people have been returned to Albania. The deterrent effect has worked and arrivals are down by more than 90%. It has worked with Albania; it will work with Rwanda. Illegal migration costs lives. It costs billions of pounds a year. We need to end it, we will end it and we will stop the boats.

Question put.

Early Parliamentary General Election Bill

Debate between Michael Tomlinson and Alison Thewliss

3rd reading: House of Commons & Committee: 1st sitting: House of Commons
Tuesday 29th October 2019 Commons Chamber

[Michael Tomlinson]

Again, I am grateful for the hon. Gentleman’s intervention; as ever, he is thoughtful and he has made a considered point. Although those two issues have just been pointed out to me—about Sunday tipping into Monday and using alternative provision—what my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) said still stands: if at all possible, we should avoid using schools as polling stations so that they can stay open, whether that is for nativity plays, Latin, maths, or whatever. I would not be against using a public house, as I am not for surgeries, but I take on board the point made by the hon. Member for Gateshead (Ian Mearns).

[Alison Thewliss (Glasgow Central) (SNP)]

The hon. Gentleman’s point is mainly about polling stations, but is he aware that there are big issues in booking a large enough venue to hold an election count? Many local authorities may struggle to find a venue at this time of year.

[Michael Tomlinson]

The hon. Lady makes an interesting point. I had not considered that but I do not think that it is a distinguishing feature, when voting on this measure, between whether the election is held on the Monday or the Thursday. I take that serious point on board but, in my view, if there is pressure on accommodation in December, it would be no different on a Monday than on a Thursday.

Universal Credit Roll-out

Debate between Michael Tomlinson and Alison Thewliss

Tuesday 24th October 2017 Commons Chamber

[Michael Tomlinson]

I would encompass those questions in one by saying that better communication is needed. Each of us, as a Member of Parliament, bears a responsibility for that communication, too. Having heard the responses, we should pass them on to our constituents in good faith and in good time.

[Alison Thewliss (Glasgow Central) (SNP)]

Will the hon. Gentleman give way?

[Michael Tomlinson]

No, I will not.

The Government should be listening, and they have listened on telephone numbers. It was implied last week that it was a premium-rate number and that all telephone calls cost 55p a minute, which is absolute rubbish, but I am pleased that the Government have listened and, in fact, have gone further by indicating that all telephone calls to the Department for Work and Pensions will now be free. I welcome that development.

The Government should not listen to those who want this policy to fail. The system is not perfect, and the Government are right to listen and to learn from their mistakes, but it is not cruel to encourage people into work. It is not cruel to support people while they are in work, to remove barriers to people increasing their hours or to remove disincentives for people getting into work. Arguably, the cruelty was in the old system. People were penalised if they wanted to take on more hours, which left them trapped on benefits, rather than enabled to reach their full potential.

Benefit Sanctions

Debate between Michael Tomlinson and Alison Thewliss

Wednesday 16th December 2015 Westminster Hall

[Alison Thewliss (Glasgow Central) (SNP)]

It is a pleasure to serve under your chairmanship, Mrs Gillan. I congratulate my hon. Friend the Member for Banff and Buchan (Dr Whiteford) on securing the debate, and other Members who have spoken passionately about their constituents and the situations that they have seen. I want to highlight a couple of constituency situations as well.

The sanctions regime for employment and support allowance is particularly punitive, going by my experience in my constituency office. It has put sick and disabled people into serious hardship for unacceptably long periods. I have a constituent in the ESA work-related activity group who suffers from serious clinical depression. As a result he has been totally unable to get to advisory interviews and take part in work-related activity. He should be in the support group but has not been able to advocate that for himself because of his condition, which has compounded his situation. He was sanctioned for an entire year and has been unable to recomply to get the sanction reduced to a fixed period. He should not have been sanctioned at all, but it is clear that the structure of the ESA regime and the increasingly punitive sanctions imposed by the Department for Work and Pensions are targeting the sick and vulnerable.

Despite guidance that states that claimants must be officially notified of sanctions in writing, many jobseeker’s allowance claimants have been sanctioned without an official warning and, as my hon. Friend the Member for Aberdeen North (Kirsty Blackman) said, without any understanding of the reason for the sanction. A constituent of mine lost his benefits from 2013 when he was sanctioned for failing to attend an interview. He was told verbally that he had been sanctioned, and the sanction should have lasted four weeks. He was not given further information about how to challenge the sanction. It is estimated that over the past five years, 28,000 claimants in Scotland have been sanctioned without official notification in writing from the DWP. Following the switch to automatic notification of sanctions by the DWP in 2015, my constituent finally received notification of his sanction two and a half years late. That burden of administrative error puts people into situations of great confusion and misunderstanding. They do not know why they are in such circumstances, and that is unacceptable and should not happen.

[Michael Tomlinson]

The hon. Lady again highlights very effectively some hard cases involving the most vulnerable people. There are examples in my constituency as well. However, just so that I can understand, is it her party’s policy that there should be no sanctions at all? After all, sanctions have been in place for some time. Alternatively, is the issue simply that they are not being implemented correctly?

[Alison Thewliss]

The sanctions regime as it stands today is unacceptable. The hardship that people are placed in, the stress on their lives and the effect on their children and wider families is unacceptable. The sanctions regime is not fit for purpose. It targets entirely the wrong people and makes things worse.

There is particular concern at the citizens advice bureau in Bridgeton about the question of the first sanction, which was raised by my hon. Friend the Member for Banff and Buchan. People are not challenging that first sanction. They think, “I’ll ride that one out. I can wait a week. I can manage. I can cope,” but if they do not challenge it the system decides that they have accepted the reason for the sanction, and that it was fair and justified. When something else happens—the next time their bus is late, or they have to pick up a child, or they are ill or in hospital, or some other thing happens—the second sanction will be far more punitive and the third one, should there be one, even more so. The first sanction is crucial, and that fact is not getting out to people. I cannot stress enough how much I would like people to challenge the first sanction on every occasion. An awful lot are overturned, because they are not fair.

The last case that I want to highlight puts the tin lid on how ludicrous the system is. I do not know, but I imagine that hon. Members from parties outside Scotland will not have seen the front page of The National this morning. It reports on a case that I highlighted about a constituent who was on universal credit and sought work. He obtained an offer of employment, which was great—that is what we want for people. As with all jobs, a start date was negotiated and agreed; that was fine. However, because of the expectation of compliance with the claimant commitment, which is the core requirement at all times for receiving universal credit, that constituent faced the threat of sanction even though he had a confirmed offer of employment. The new employer of that person will be the DWP. Well done, guys; that is absolutely tremendous. You could not make it up. The Government urgently need to review universal credit, particularly to ensure that the transition to employment is managed properly and is not subject to sanction. It is ludicrous to sanction someone who has complied and done everything they ought. It is crazy.

[Michael Tomlinson]

I repeat my question on that. Is it the position of the hon. Lady’s party that there should be no sanctions regime at all?

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[Alison Thewliss]

Does the hon. Gentleman think that he should be sanctioned because he was late for the debate today? I hope he loses a week’s, a month’s or a year’s wages as a result.

[Michael Tomlinson]

I had good cause.

[Alison Thewliss]

Did you? Then you should explain it to someone else and see if they consider that fair. That does not happen to my constituents. Why should the hon. Gentleman have a different set of rules?

I have another case I want to raise, although it is not the case of a constituent of mine. However, the lady who told me about it affected me deeply. She was in Central Lobby a few weeks ago, and was so upset; she was in tears and absolutely broken. Her brother had committed suicide. He died with £3.44 to his name because he had been sanctioned and lost his benefits. He committed suicide as a result of the pressure put on him by the policies of the Government. The sanctions regime needs to be resolved and reviewed, and that must happen now.