All 6 Debates between Michael Tomlinson and Baroness Laing of Elderslie

Wed 17th Apr 2024
Safety of Rwanda (Asylum and Immigration) Bill
Commons Chamber

Consideration of Lords messageConsideration of Lords Message
Mon 15th Apr 2024
Safety of Rwanda (Asylum and Immigration) Bill
Commons Chamber

Consideration of Lords messageConsideration of Lords Message
Wed 24th May 2023
Wed 3rd Apr 2019
European Union (Withdrawal) (No. 5) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Michael Tomlinson and Baroness Laing of Elderslie
Michael Tomlinson Portrait The Minister for Countering Illegal Migration (Michael Tomlinson)
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I beg to move, That this House disagrees with Lords amendment 1D.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker
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With this it will be convenient to discuss:

Lords amendment 3E, and Government motion to disagree.

Lords amendment 6D, and Government motion to disagree.

Lords amendment 10D, and Government motion to disagree.

Michael Tomlinson Portrait Michael Tomlinson
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Madam Deputy Speaker, here we are again—you were in the Chair the last time we considered this Bill. This House has now voted several times, including in our strong endorsement of the Bill on Second and Third Readings. We need to bring this process to a conclusion to get the Bill on to the statute book and to get the flights off the ground as soon as possible.

Lords amendment 1D says we should have “due regard for” the Children Act 1989, the Human Rights Act 1998 and the Modern Slavery Act 2015, but why stop there? Why not the Equality Act 2010, the Data Protection Act 2018 or any other Act? Why not list the whole statute book? The answer is because it is not necessary. Together, the treaty, the Bill and the evidence demonstrate that Rwanda is safe for relocated individuals and that the Government’s approach is tough but fair, is lawful, has justification and seeks to uphold our international obligations.

As I set out in our earlier debates, the Government respect the Supreme Court’s decision, and it was precisely to address the Supreme Court’s concerns that we brought forward the treaty with the Republic of Rwanda. We have also prepared an evidence pack on what has changed and how those concerns are being addressed.

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Michael Tomlinson Portrait Michael Tomlinson
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I am very grateful to you, Madam Deputy Speaker. With the leave of the House, I would like to make a few remarks; I fear that I do not have time to respond to each and every point that has been made, but I thank right hon. and hon. Members right across the House for the contributions they have made.

I want to pick up on one contribution, which is the intervention that my right hon. Friend the Member for Wokingham (John Redwood) made on the shadow Minister, the hon. Member for Aberavon (Stephen Kinnock). The shadow Minister cannot actually say what Labour would do: he says that he has a plan, but all Labour can say it would do is exactly what the Government are already doing. It has said that it would scrap the Rwanda scheme even when it is up and running, but it has not found a deterrent. Worse than that, as my hon. Friends the Members for East Worthing and Shoreham (Tim Loughton) and for Torbay (Kevin Foster) have also said previously, it is incumbent on anyone who disagrees with this policy to come up with their own solution to the problem of how we deal with people who enter the country with no legitimate, credible case for claiming asylum and who cannot be returned to their home country. As ever, answer came there none from the Labour party.

Letting this Bill now pass will enable us to send a clear signal: “If you enter this country illegally, you will not be able to stay. You will be detained and swiftly returned to your home country or to a safe third country, namely Rwanda.” I urge this House to once again send a strong message back to the other place that these amendments are not necessary.

Question put, That this House disagrees with Lords amendment 1D.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Michael Tomlinson and Baroness Laing of Elderslie
Baroness Laing of Elderslie Portrait Madam Deputy Speaker
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With this it will be convenient to discuss the following Government motions:

That this House disagrees with the Lords in their amendments 3B and 3C.

That this House disagrees with the Lords in their amendment 6B.

That this House disagrees with the Lords in their amendment 7B.

That this House insists on its disagreement with the Lords in their amendment 9 but proposes additional Amendment (a) to the Bill in lieu of that amendment.

That this House disagrees with the Lords in their amendment 10B.

Michael Tomlinson Portrait Michael Tomlinson
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Here we are, back again debating the same issues and amendments that we have already rejected. We are not quite at the point yet of completing each other’s sentences, but we are almost there. The issue before the House is whether the clearly expressed views of this House throughout the entire passage of the Bill should prevail. We simply cannot accept amendments that provide for loopholes that will perpetuate the current cycle of delays and late legal challenges to removal. We have a moral duty to stop the boats. We must bring an end to the dangerous, unnecessary, and illegal methods that are being deployed. We must protect our borders and, most importantly, save lives at sea. Our partnership with Rwanda is a key part of our strategy.

The message is absolutely clear: if a person comes to the United Kingdom illegally, they will not be able to stay. They will be detained and swiftly returned to their home country or to a safe third country—Rwanda.

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Michael Tomlinson Portrait Michael Tomlinson
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I will not; I will make some progress. Lords amendment 9 undermines provisions in existing legislation and is completely unnecessary. It is vital that the Government take steps to reduce or remove incentives for individuals to enter the country illegally. These illegal practices pose an exceptional threat to public order, risk lives and place unprecedented pressure on public services.

As I have set out, under article 13 of the treaty, the Government of Rwanda will have regard to information provided relating to any special needs that an individual may have as a result of them being a victim of modern slavery. Rwanda will take all necessary steps to ensure that these needs are accommodated. To that end, the Government have tabled amendment (a) in lieu, which requires the Secretary of State to publish an annual report about the operation of the legislation as it relates to modern slavery and human trafficking provisions. With that in mind, I invite the House to reject Lords amendment 9 and agree with the amendment in lieu.

  On Lords amendment 10B, as I have set out, the Government recognise our commitment and responsibility to combat veterans, whether our own or those who showed courage by serving alongside us. We will not let them down. Once again, I reassure Parliament that once the UK special forces and Afghan relocations and assistance policy review has concluded, the Government will revisit how the Illegal Migration Act, and provision for removal under existing legislation, will apply to those who are eligible to stay as a result of the review, ensuring that these people receive the attention that they deserve. This is a commitment that both Lord Sharpe and I have made on behalf of His Majesty’s Government.

This, the elected House, has voted to give the Bill a Second and Third Reading, and voted down each of the Lords amendments. I invite all right hon. and hon. Members to stand with the Government in upholding the will of the House of Commons, and to support the Government motions.

Oral Answers to Questions

Debate between Michael Tomlinson and Baroness Laing of Elderslie
Thursday 7th December 2023

(1 year ago)

Commons Chamber
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Michael Tomlinson Portrait The Solicitor General
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I am pleased that the hon. Gentleman has seen the full strategy—that is good news. I repeat my point about Jonathan Fisher KC, who has some important work to do. The hon. Gentleman will understand the volumes of crime and the volumes of digital material in the Serious Fraud Office. Jonathan Fisher is looking at that and at disclosure, and that will help businesses, help individuals, help the country and help the SFO to get on with its job.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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I call the Chair of the Justice Committee.

Robert Neill Portrait Sir Robert Neill (Bromley and Chislehurst) (Con)
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The Solicitor General will recall that back in 2022 the Justice Committee produced a report on fraud in the justice system and the steps needed to improve the way we tackle it. I welcome a number of the changes that have been made, including the appointment of Mr Fisher KC, but will the Solicitor General reflect that one of the areas of concern is the type of fraud that is significant, causes real loss to businesses and individuals, but falls below the level dealt with by the SFO? There is real concern about the capacity and expertise within police forces and the Crown Prosecution Service to tackle that level of fraud, which falls into the gap. What is the fraud strategy and, more broadly, what are the Government going to do to empower the police and prosecuting authorities to tackle that sort of fraud?

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Michael Tomlinson Portrait The Solicitor General
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My hon. Friend is diligent in these matters, and he raises an issue that affects us all as constituency MPs, as we have all had cases brought to us that need to be investigated. I work very closely with both the police and the Home Office, and I will continue to do so.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker
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I call the shadow Minister.

Karl Turner Portrait Karl Turner (Kingston upon Hull East) (Lab)
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In January 2022, the then Chancellor said that, clearly, criminals have sought to exploit our covid support schemes, and

“We’re going to do everything we can to get that money back and go after those who took advantage of the pandemic.”

What proportion of that money has been recovered so far? How many of those who took advantage have been sent to jail?

Retained EU Law (Revocation and Reform) Bill

Debate between Michael Tomlinson and Baroness Laing of Elderslie
Michael Tomlinson Portrait The Solicitor General (Michael Tomlinson)
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I beg to move, That this House disagrees with Lords amendment 6.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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With this it will be convenient to discuss:

Lords amendment 1, and Government amendment (a) to Lords amendment 1.

Lords amendment 16, and Government amendments (a) and (b) to Lords amendment 16.

Lords amendment 15, and Government motion to disagree.

Lords amendment 42, and Government motion to disagree.

Lords amendments 2 to 5, 7 to 14, 17 to 41 and 43.

Michael Tomlinson Portrait The Solicitor General
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It is a great pleasure to open this debate on their lordships’ amendments to the Retained EU Law (Revocation and Reform) Bill, which is a vital part of the Government’s agenda to regulate in a smarter, innovation-friendly way that will grow the UK economy. We have already taken advantage of many of the opportunities that leaving the European Union has created, and Brexit offers us the opportunity to rethink, from first principles, how and when we regulate. Of course, this includes ridding the statute book of unnecessary and burdensome retained EU laws through a process of revoke and reform, while always applying the same rigorous scrutiny to wider regulations that have accumulated over time, to ensure they are fit for purpose and of benefit to the UK.

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Stella Creasy Portrait Stella Creasy
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On a point of order, Madam Deputy Speaker, the Solicitor General just suggested that amendable SIs was a novel procedure—

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. Stop. That is not a point of order. The hon. Lady has tried to intervene on the Minister. The Minister has already taken her intervention and he is not taking another. It is not a point of order for the Chair. The hon. Lady should not abuse the procedures of the House in this way. I call the Minister.

Michael Tomlinson Portrait The Solicitor General
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Thank you, Madam Deputy Speaker. I fear I have tried your patience for too long, so I will seek to conclude. I know a number of other right hon. and hon. Members want to catch your eye and I will allow them to do so.

I have set out the Government’s position. It is one that prioritises a clear statute book, that ensures that we have regulation that is fit for purpose and that works for the United Kingdom. I invite all hon. Members to support the Government’s motions today.

European Union (Withdrawal) (No. 5) Bill

Debate between Michael Tomlinson and Baroness Laing of Elderslie
Baroness Laing of Elderslie Portrait The First Deputy Chairman of Ways and Means (Dame Eleanor Laing)
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Order. Just before the hon. Gentleman moves on to new clause 5, I know that he has a lot to say about the amendments and new clauses, which the House must hear, but I hope that he may do so in an expedited fashion. We do not have a lot of time left, and I am sure that the hon. Gentleman wants to hear what the Minister and others have to say.

Michael Tomlinson Portrait Michael Tomlinson
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On a point of order, Dame Eleanor. You mentioned the time, and a question was asked earlier about the timing for Third Reading. Are you able to advise the Committee at this stage at what point Third Reading will happen?

Baroness Laing of Elderslie Portrait The First Deputy Chairman
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No. When Third Reading is likely to occur is not up to the Chair, but to the House. Based on how things are going at present, my estimate is that a Third Reading debate will not occur, because the Committee stage is likely to take up all the available time. However, that is entirely up to the House. If the people who still wish to speak do so for a short time, we will have a Third Reading debate. If they speak for a long time, we will not.

William Cash Portrait Sir William Cash
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With respect to you, Dame Eleanor, the Bill’s stages have been truncated. You know what I am talking about. It has been rushed through. Not only is the Bill an abomination in its own right, but it is gravely unconstitutional and offends Standing Order No. 14 and so many other conventions, so I am not going to fail make the points that need to be made. I am so sorry, but I these points must be made. It is only 9.8 pm and we have until 10 o’clock, so although I have great respect for you, Dame Eleanor, I am going to make my points. Furthermore, they are matters that are germane to trying to sort out the rubbish that this Bill is generating for the British public. That is my point.

New clause 5 relates to the amendability of motions. Any motion brought forward under clause 1(1) in the form set out in clause 1(2) may be amended in line with clause 1(3) only to include a date no later than 22 May 2019. The new clause would prevent further amendments to the Standing Orders or to the business of the House of Commons and would impose a maximum duration on the extension period. Given what I said earlier to my hon. Friend the Member for Camborne and Redruth about how this Bill would otherwise cost £90 billion, I think we would be doing a great service not just to the House, which is pretty chaotic these days, but to the taxpayer and our constituents by restricting the length of the extension period. If the extension went to five years, according to the potentiality of this Bill, it would cost £90 billion—that is just a statement of fact—which is a very good reason for voting against the Bill.

New clause 5 would place a maximum duration on the extension period, which would be an enormous step in the right direction. In fact, it would be a fundamentally vital provision in the context of this Bill.

New clause 7 deals with the question of European elections, another hot potato:

“No extension of the period under Article 50(3) of the Treaty on European Union may be agreed by the Prime Minister if as a result the United Kingdom would be required to prepare for or to hold elections to the European Parliament.”

I would have thought that many Members would be delighted to support this new clause. I am doing the Government’s job for them by seeking to impose a restriction. I see the Minister slightly nodding his head, which I think means he might quite like this amendment. The bottom line is that, yesterday, I heard the Prime Minister say that we would not want to have European elections.

Independent Complaints and Grievance Policy

Debate between Michael Tomlinson and Baroness Laing of Elderslie
Thursday 16th November 2017

(7 years, 1 month ago)

Commons Chamber
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Michael Tomlinson Portrait Michael Tomlinson (Mid Dorset and North Poole) (Con)
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I warmly welcome the Leader of the House’s work on this matter and her statement this morning, but part of the difficulty, especially over the past few weeks, lies with discerning the difference between the serious cases that must, should and can be dealt with and the spurious, fictitious and plain wrong allegations that must be weeded out and that, quite frankly, detract from the other serious cases. I have two specific questions. First, the Leader of the House mentioned fairness, including fairness to Members. Is it not a matter of fairness and natural justice—this affects parties on both sides of the House—that a Member who has received an allegation against them should know the basis of the allegation? Secondly, does she agree that any grievance and complaints procedure must be truly independent of any one political party?

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. For the sake of clarity, I have allowed the hon. Gentleman two questions on this occasion, but one question is sufficient on an occasion such as this.