Nationality and Borders Bill

Nick Thomas-Symonds Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab)]

I beg to move,

That this House declines to give a Second Reading to the Nationality and Borders Bill, notwithstanding the need to address the increasing number of dangerous boat crossings in the English Channel, because the Bill breaches the 1951 Refugee Convention, does not address the Government’s failure since 2010 to competently process asylum applications which has resulted in a backlog of cases and increased costs to the taxpayer, fails to deal with the serious and organised crime groups who are profiteering from human trafficking and modern slavery, does not address the failure to replace the Dublin III regulations to return refugees to safe countries, fails to re-establish safe routes and help unaccompanied child refugees, and fails to deliver a workable agreement with France to address the issue of boat crossings.

We on these Benches will be opposing this Bill. It is a Bill that is wrong and will make the dangerous situation in the English channel worse. We on these Benches do not want to see people risking their lives making a sea crossing in some of the busiest shipping lanes in the world, often in boats that are unfit for purpose, but the measures proposed will not address that.

By judging claims on the type of journey people make, Ministers will create

“a discriminatory two-tiered approach to asylum”.

Those are not my words but the words of the United Nations Refugee Agency. That must be our starting point today. Any proposals—I will come to some in a moment—to address this profoundly serious issue must be compliant with the 1951 convention relating to the status of refugees.

We should in this House remember the circumstances in which that convention was created. Drafting began in 1946, after the end of the second world war, as the full horrors perpetrated in that conflict had been brought into public view. It was a noble ideal for nations to work together to prevent such awful things from happening again. Countries came together to ensure that, across the world, we would offer a new protection to those who suffered persecution. Countries would not look the other way when there was systematic persecution in other parts of the world. We all bore a responsibility in our common humanity to help others.

The convention was signed under the post-war Labour Government in July 1951, but the document became one of the foundation stones upon which all post-war British Governments stood—a matter of pride to our country and a sign of the values we stand for around the world. It sent a clear signal that Britain was a force for good and was setting a strong moral example that gave it the authority to argue that other countries take responsibility as well. It is to this Government’s shame that they stand outside that fine British tradition. Seventy years after the 1951 convention was signed, this Government have decided to renege on its commitments. [Interruption.] I hear what the hon. Member for Croydon South (Chris Philp), the Minister for immigration compliance, says, but do not take my word for it. This is what the United Nations High Commissioner for Refugees says about the proposals:

“The international refugee protection system, underpinned by the 1951 Convention, has withstood the test of time and it remains a collective responsibility to uphold and safeguard it. If States, like the UK, that receive a comparatively small fraction of the world’s asylum-seekers and refugees appear poised to renege on their commitments, the system is weakened globally and the role and influence of the UK would be severely impacted. UNHCR is concerned that the Plan, if implemented as it stands, will undermine the 1951 Convention and international protection system, not just in the UK, but globally.”

If the Minister doubts that, this is what the United Nations Refugee Agency had to say ahead of this Second Reading debate:

“Plans to create a new lower class of refugees are discriminatory, breach commitments in the Refugee Convention and should be dropped”.

They are breaching commitments in the refugee convention that a past British Government who truly believed in a global Britain had signed.

In fact, the UN Refugee Agency said the two-tier approach is:

“a recipe for human suffering, social problems, inefficiency and greater cost to the taxpayer.”

Frankly, it is a dangerous and ill-thought-out proposal with profound consequences.

[Stuart C. McDonald]

Given that there seems to be unanimity that the Bill should be interpreted in the light of the refugee convention and apparently the Government intention is to follow the refugee convention, surely there could be no possible objection to an interpretation clause in the Bill. We can all work together to put that in there to ensure that all the provisions follow refugee case law and the refugee convention as it is.

[Nick Thomas-Symonds]

The hon. Gentleman is absolutely right. In reality, this is a Bill based on an immigration plan that is harmful. Just listen to the story of Waheed Arian, now an NHS doctor who escaped the Taliban in Afghanistan as a child. These are his words:

“When I arrived alone in London, a bewildered 15-year-old with nothing to my name but $100 and my hopes and dreams, I had no idea I’d end up two decades later working as an NHS doctor fighting Covid-19 on the frontline in A&E. As a former child refugee from Afghanistan, under the UK government’s so-called New Plan for Immigration, it is doubtful I would be here at all.”

I repeat:

“It is doubtful I would be here at all.”

We also know the serious concerns that have been raised by campaigners across the LGBT+ community about the Bill. The way it is so badly drafted risks us turning our back on people fleeing persecution. This is particularly chilling when we know the scale of the dangers faced by so many LGBT+ people across the world, including state-sanctioned persecution. The plan is wrong and it is wrong-headed.

[Shaun Bailey (West Bromwich West) (Con)]

If the right hon. Gentleman had listened to the Home Secretary, he would realise we are not on about Waheed. We are not on about stopping him from achieving what he wants to do. We are on about people who are coming here through safe routes, often adults using the child route, and stopping them from abusing that system. If the right hon. Gentleman had actually listened to my right hon. Friend, he would have probably picked that up.

[Nick Thomas-Symonds]

With the greatest respect, if the hon. Gentleman had listened to me, he would realise they were not my words I was quoting—it was Waheed Arian himself I was quoting.

The Government say that the asylum system is broken. I totally agree. And it is the Conservative Government who have broken it over the past 11 years. Under this Conservative Government, the asylum processing system has imploded. Their own incompetence, removing targets from the system and failing to run it properly, has completely undermined it.

[Ruth Edwards (Rushcliffe) (Con)]

The right hon. Gentleman says it has imploded under the Conservative Government. I remind him that after his party had been in power for 10 years, there was a backlog of nearly 500,000 asylum cases and 120,000 of them were put in the controlled archive because they were unable to trace them.

[Nick Thomas-Symonds]

If the hon. Member wants to hear about statistics, try these: the share of applications that received an initial decision within six months fell from 87% in 2014 to 20% in 2019. That is the scale of the failure of this Government. At the end of March 2021, over 66,000 were waiting for an outcome on their initial claim. Seventy-five per cent. of them—over 50,000—have been waiting over six months. New research from the Refugee Council shows that, according to the most recent data available, over 33,000 people have been waiting for over a year. I have been intervened on about the last Labour Government, but that represents a tenfold increase in the past decade—tenfold. It is failure heaped upon failure, and not only that: the initial decision making is so poorly judged that around 40% of initial decisions are overturned: so four in every 10 decisions are wrong. Yes, this process is broken and, frankly, it is getting even worse.

[Mrs May]

I note the right hon. Gentleman has made the point about initial decisions. Does he not recognise that one of the problems has been the ability for people to bring extra evidence after that decision has been made, so that the court is often looking at a case that is different from the one on which the initial decision was made?

[Nick Thomas-Symonds]

I will come to that point in a moment because I have deep concerns about that. The right hon. Lady passed, as has already been pointed out, the legislation on modern slavery, but it is also the case that victims often feel too traumatised to talk about their experience at an early stage, so this idea of giving such minimal weight to later evidence I find very concerning, particularly in the modern slavery context. I will come back to that in a moment because I know it is a matter of concern on the Conservative Benches as well as on these.

[Mrs May]

I do apologise to the right hon. Gentleman and he is very gracious in giving way, but can I just say to him that that comment about modern slavery—and he will hear that I have some concerns about the modern slavery aspects of this Bill—did not respond to the intervention that I made?

[Nick Thomas-Symonds]

With great respect to the right hon. Lady, she was making the point about late filing of evidence, and I was making the point in response—I will come on to it in a moment, and I am quite happy to give way to her again when I do—that the way this Bill is framed, in terms of the direction to give very little weight to late evidence, is very concerning with respect to victims who are unable to talk about their trauma at an early stage in the proceedings. I will come back to that and I will be very happy to give way to her again when I do.

On asylum accommodation, the idea of sending people to offshore processing sites is dehumanising and unconscionable. As the UN Refugee Agency puts it,

“The UK should abandon plans to ‘externalise’ its refugee commitments, which would see it shift responsibility for protecting refugees on to states with less capacity and more refugees.”

Frankly, it is an attempt to distract from Government failure on the housing of those seeking asylum.

[Stephen Timms]

I am very grateful to my right hon. Friend for giving way, and I agree with him about this point. Of course, Australia has undertaken offshore processing, and there are terrible stories, which shame Australia, about what has happened to some people in those places. Has he had any indication: where might these offshore places be where asylum applicants could be processed?

[Nick Thomas-Symonds]

My right hon. Friend is absolutely right to raise that. Unfortunately, I have had no such indication beyond leaks to the media, a fact which will probably not surprise him.

Last month, the High Court judgment on Napier barracks found inadequate health and safety conditions and a failure to screen victims of trafficking and other vulnerabilities. The Home Office continued to house people against the advice of Public Health England, endangering those in the accommodation, staff and the local community. It resulted in what the Court described as an “inevitable” covid outbreak in January 2021, with nearly 200 people testing positive for the virus. No wonder the independent chief inspector of borders and Her Majesty’s inspector of prisons published an emergency report that raised “serious safeguarding concerns”. On asylum accommodation, this Government have failed and failed dangerously.

The idea that this Bill helps those fleeing violence and persecution does not stand up to scrutiny. Let me take one example, because the former Prime Minister raised it a moment or two ago. The Bill says that evidence submitted late without good reason should be given only “minimal weight” by asylum judges. Asylum seekers have been required for the past 19 years to submit arguments and evidence at an early stage. Now it seems we are going to have a situation where judges are directed to have minimal regard to evidence being given late. But there are many reasons why refugees, and particularly victims of human trafficking, cannot provide evidence at an early stage, not least the fact it is difficult for survivors of trauma to talk about their experience immediately, including—and, indeed, especially—women and other survivors of sexual violence. That shows the real failure at the heart of this Bill. It fails victims of human trafficking, and it is a glaring missed opportunity to address the vile crime of people smuggling. Instead, the Government will turn their back on some of the most vulnerable people on Earth.

The Bill changes the law so that helping an asylum seeker will no longer need to be done “for gain” to attract criminal liability. That is what the Bill does, and it is a profound and dangerous change in the law. It could criminalise the Royal National Lifeboat Institution for saving people at sea, and it seems to take no account whatsoever of the international law of the sea, which requires ships’ captains to assist those who are in distress. Let us be frank about this. Had this measure been in place when Sir Nicholas Winton was rescuing hundreds of children from the holocaust on the Kindertransport, he would have risked being criminalised—[Interruption.] There is no point in Members shaking their heads, because this legislation risks bringing into the scope of the criminal law those who are helping people for humanitarian reasons.

[Shaun Bailey]

Disgusting.

[Nick Thomas-Symonds]

The hon. Gentleman says that that is disgusting, but it is what is in the Bill. I suggest he takes it up with the Home Secretary. The Bill is wrong, it benefits nobody and it sends out the worst possible signal about the Government’s intentions.

Let me turn now to what the Government should be doing instead. First, we need legally binding targets for clearing asylum cases and proper resourcing for Border Force. The Government are failing, and they are not acting in the national interest. The system is hugely costly for the taxpayer, and it leaves people in the asylum system stuck in limbo, unable either to properly enter society and rebuild their lives or to be returned to a safe country. There is little wonder that performance has been so poor due to the cuts to Border Force.

[Sara Britcliffe (Hyndburn) (Con)]

I thank the right hon. Gentleman for giving way. This might be me being naive, as I am quite new to the House, but is not the whole purpose of Second Reading to discuss the Bill so that we can go forward to the Committee stage where the Opposition can put forward their points, rather than voting against the whole of a Bill that would stop this broken system that they keep mentioning?

--- Later in debate ---

[Nick Thomas-Symonds]

The Bill is wrong and it will not solve the problem. Let me just continue with the critique. The Government—

[Sara Britcliffe]

Will the hon. Gentleman give way?

[Nick Thomas-Symonds]

No, I have already given way to the hon. Lady.

The Government should seek to rebuild the system so that it is fair. Quick, effective decision making is in the best interests of everyone, and Ministers should be legislating for legally binding targets for processing asylum cases. We need a proper plan to deliver deals with international partners to tackle gangs, because the measures outlined in the Government’s plans completely fail in their own terms. The measures are all dependent on deals with international partners, both to stop criminal gangs operating on the French coast and to replace the Dublin III regulation allowing those registered in a “safe country” before they reached the UK to be returned after a failed claim.

The existing arrangements with France on stopping gangs exploiting people and putting them into boats in the English channel are clearly not working. The Minister for immigration compliance has talked about his joint operational plan. He said that he would be completely cutting this route and that he would be working at pace “in the coming days” to make that a reality. That was 11 months ago. The Government talk about safe countries, but Ministers have not signed any of the required deals with any of the European Union countries to return those whose claims have failed. The Government have shown a complete inability to deliver these deals, which risks leaving people stranded in the UK, unable to be returned and in limbo. Yes, there should be full life tariff sentences for human traffickers and tougher sentences on modern slavery. The problem is that under these plans the Government will weaken protections for victims of modern slavery—

[Shaun Bailey]

What?

[Nick Thomas-Symonds]

I suggest that the hon. Gentleman reads clause 48 of the Bill, because he will discover in it a higher bar for people receiving support as victims of human trafficking. That is despite the fact that recent reports show that four out of five rejected trafficking claims are overturned on appeal. These reforms risk leaving greater numbers of victims without support and more gangmasters free to commit further crimes. Human trafficking and modern slavery are vile crimes and those responsible should face the harshest penalty. Yes, there should be a full-term life sentence for those convicted for human trafficking and increased sentences for perpetrators of modern slavery, but such measures will not be effective if we withdraw support from victims.

I come to the issue of safe routes for claiming asylum and helping unaccompanied children. Following the outbreak of the Syrian civil war and the resulting refugee crisis, the Government agreed to Lord Alf Dubs’ amendment to accept unaccompanied children to the UK. The initial pledge was understood to have committed to provide support to around 3,000 unaccompanied children, but the scheme closed with the number having been capped at 480. It was wrong to close the Dubs scheme after helping just a fraction of the number of children promised help. It has meant that under this Government the UK has looked the other way when unaccompanied children have faced dire consequences, including when the Moria refugee camp was ablaze last summer.

Worse still, clause 9 introduces a new requirement for the registration of a stateless child aged five to 17 as a British citizen or a British overseas territories citizen, and maintains existing requirements in relation to those aged 18 to 22. No wonder there is concern about leaving children stateless, which would run contrary to the UK’s obligations under the 1961 UN convention on the reduction of statelessness.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The shadow Home Secretary talks about the Dubs amendment and those 480 children. I remind the House that those children were already in safe European countries, and I remind the shadow Home Secretary that the United Kingdom currently has more unaccompanied asylum-seeking children—more than 5,000—than any other country in Europe, including Greece and Italy. Finally, on the point about providing protection to those in need in war zones, the resettlement schemes that have operated here since 2015 have seen in excess of 25,000 people being directly resettled not from Europe, which is safe, but from war zones such as Syria. That is more than any other country in Europe. This Government’s record is a proud one and we stand by it.

[Nick Thomas-Symonds]

Well, we will see how proud their record is in a moment when we go through it. Let me just say to the shadow Minister for Immigration Compliance—

[Chris Philp]

Not shadow.

[Nick Thomas-Symonds]

I certainly stand corrected on that. The point is that there were local authorities that were willing to step up and help beyond that 480 and it was this Government’s absolute failure—[Interruption.] Including my local authority, yes, and I am very proud—

[Chris Philp]

Torfaen—zero.

[Nick Thomas-Symonds]

Absolute utter nonsense. I have visited the Syrian refugees in Torfaen, so I hope the Minister will take that comment back because it is utter nonsense.

The Government often talk about the Syrian vulnerable persons resettlement scheme—I just heard it from the Minister—and I of course pay tribute to local government, including my own local authority of Torfaen, for stepping up to help to deliver safe havens for those fleeing persecution. Those who have come to the country under that scheme have added to the diversity and richness of our communities. The Government have gone quiet on a 2019 commitment to resettle 5,000 further refugees at the conclusion of the Syrian vulnerable persons resettlement scheme, and they still refuse to make proper commitments on the future of the scheme. Existing safe routes are very limited. The Minister stood up a moment ago to speak about statistics; well, in March 2021 the new UK resettlement scheme began, and in its first month it resettled a grand total of 25 refugees. The lack of safe and legal routes will lead people to continue to attempt dangerous routes to the UK.

[Priti Patel]

indicated dissent.

[Nick Thomas-Symonds]

The Home Secretary shakes her head, but in the 2019 report “Responding to irregular migration: A diplomatic route” the Foreign Affairs Committee warned of exactly that:

“A policy that focuses exclusively on closing borders will drive migrants to take more dangerous routes, and push them into the hands of criminal groups.”

The Home Secretary should remember that because she was a member of the Committee at the time and her name is attached to the report.

While we are debating—or at least should be debating—a plan for refugees, we should cast our minds back to last week and the failure to restore the 0.7% commitment to international aid. The Department for International Development was tasked with delivering help to countries to tackle poverty and the drivers of people becoming displaced from their homes in the first place. The abolition of that Department was wrong and short-sighted. The work that was going on around the world to tackle the refugee crisis has been starved of funds, with programmes suddenly cut off. Our reputation around the world as a force for good has been damaged. The Government should restore the Department for International Development and restore spending to 0.7%.

The Bill is as wrong as it is ineffective. It will not tackle people smugglers, and it will not protect victims of human trafficking. It is, in reality, a continuation of this Government’s culture war. It is a culture war that led them to side with those booing the England men’s football team for taking the knee. Instead of supporting that brave stance against racism, the players were dismissed as taking part in “gesture politics” by the Home Secretary, and were told to stay out of politics altogether by other Conservative MPs. Last week, the Government refused to live up to their promises on international aid, and they ran away from their own failure to stand with football players against racism. This week, they promote more division with this Bill. As ever, they talk tough, but deliver nothing.

As it stands, the Bill is a charter for human trafficking. It is a missed opportunity that represents the worst of all worlds, lets evil criminals off the hook, and fails those who have been exploited. The cruel irony of this Government’s approach is that they are weak on taking action against criminal gangs, and brutal when it comes to orphan children from war zones. I ask all Members of the House to reject the Bill in the vote tomorrow.

[Madam Deputy Speaker (Dame Eleanor Laing)]

To reiterate, I am sorry but we have to start with a time limit of four minutes, simply because so many Members wish to participate in the debate. I call Mrs Theresa May.