Illegal Migration Bill

Nigel Evans Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

Second Reading

[Mr Deputy Speaker (Mr Nigel Evans)]

The reasoned amendment in the name of the Leader of the Opposition has been selected.

As Members can see, there is a great deal of interest in this debate. The first few speeches will come in at six minutes, but if everyone else could start to think in terms of four or three minutes, that would be very helpful. I now call the Secretary of State to move the motion for Second Reading.

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[Clive Lewis (Norwich South) (Lab)]

On a point of order, Mr Deputy Speaker. On the first page of the Bill, the Home Secretary has made the phenomenal statement that it may not be compatible with the European convention on human rights. Section 19 of the Human Rights Act 1998 confers on the Government a duty to ensure that

“the provisions of the Bill are compatible with the Convention”.

Ensuring that compatibility is not only a basic moral requirement of the Government, but a practical necessity. The Government have said that this is critical legislation, and they are therefore presenting to the House clauses that they know will probably be ruled unlawful by a court of law. Surely, Mr Deputy Speaker, if the Government want to have a fight with the courts, they should have a fight with the courts, and not waste the House’s time with this nefarious legislation.

[Mr Deputy Speaker]

I am grateful for the point of order. This is not something on which the Chair can adjudicate, but I am sure that it will be part of the debate, which I think we should start now.

[Suella Braverman]

I beg to move, That the Bill be now read a Second time.

The British public know that border security is national security, and that illegal migration makes us all less safe. They know that the financial and social costs of uncontrolled and illegal migration are unsustainable. They know that if our borders are to mean anything, we must control who comes into this country and the terms on which they remain here. That is why stopping the boats is my top priority, it is why the Prime Minister made stopping the boats one of his five promises to the British people, and it is why, according to the opinion polls, the British people back the Government’s Bill: they back it by more than two to one.

This does not mean that, as some assert, the British people are xenophobic. Since 2015, the British people have provided refuge for nearly half a million people through global, safe and legal routes. The British people are fair, compassionate and generous. Millions of legal migrants, including my parents, have experienced this warmth at first hand. But the British people are also realistic. They know that our capacity to help people is not unlimited.

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[Sir George Howarth (Knowsley) (Lab)]

On a point of order, Mr Deputy Speaker. I am sure you will agree with the Home Secretary that we should all choose our words carefully in this debate, so what part of “carefully” does her statement about an “invasion” constitute, or the exaggeration by the right hon. Member for South Northamptonshire (Dame Andrea Leadsom) in her use of the word “exponential”?

[Mr Deputy Speaker (Mr Nigel Evans)]

I think in this particular case it is a matter for the individual person making the speech. I will say at the outset, though, that we are clearly dealing with a very emotive subject and I ask everybody to use temperate language rather than inflaming the situation. [Interruption.] We will leave it there.

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[Richard Graham]

I am very grateful to the Home Secretary. I find it odd that so many Opposition Members are trying their best to trip her up on a policy that is incredibly important to every community in this country. [Interruption.] Although they try to shout me down, let me say that my Gloucester constituency is a happy, cohesive, multiracial and multi-ethnic society with a primary school that has more than 50 different nationalities. I know, because I speak to them, that most ethnic minority communities are very sensitive to getting the balance right. If we get it wrong, they will feel the backlash more than anyone else. It will not be felt by SNP MPs who do not have asylum seekers in their constituencies. [Interruption.]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I want not just temperate language but temperate behaviour.

[Kirsten Oswald (East Renfrewshire) (SNP)]

On a point of order, Mr Deputy Speaker. Can you advise on how we might correct the record? The perplexing and misleading statement made by the hon. Member for Gloucester (Richard Graham) is profoundly unhelpful in the context of this debate.

[Richard Graham]

Further to that point of order, Mr Deputy Speaker. No one in this House wishes to cause any offence. If I have done so, of course I apologise. We have two hotels full of asylum seekers in my constituency, and I would be very interested to know how many hotels full of asylum seekers there are in the constituencies of SNP Members. [Interruption.]

[Mr Deputy Speaker]

Order. I have a couple of points before we resume. Interventions are now eating into the time allotted to Back Benchers, so some simply will not get in. Points of order are doing the exact same, so I caution Members, if they are to raise points of order, to make sure they are for the Chair. [Interruption.] The answer to this point of order, as the hon. and learned Member for Edinburgh South West (Joanna Cherry) knows, is that Members are responsible for their own contributions. If anything untoward is said, they should correct the record at the earliest opportunity, which I believe Mr Graham has done.

[Suella Braverman]

I agree wholeheartedly with my hon. Friend the Member for Gloucester (Richard Graham). He is absolutely right about Scotland where, until recently, only Glasgow was taking asylum seekers. Compared with the other nations of the United Kingdom, Scotland has taken a disproportionately low number. He is also right to talk about the risks we face as a country that is harmonious, happy with itself and cohesive. If we do not deal with this problem, we will face serious problems of community tension and challenges to community cohesion.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Theresa May will get six minutes, then we are on to the Scottish National party spokesperson, and then there will be two others with six minutes. The speaking limit will then drop immediately to three minutes in order that we can get as many people in as possible.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. There is a six-minute limit on the next two speakers, and then the limit will be three minutes.

Illegal Migration Bill

Nigel Evans Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Several hon. Members rose—]

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. There are 14 people trying to catch my eye. The last two speakers spoke for 22 minutes and 19 minutes. If everybody contributes that far, not everybody will get in—it is up to you.

[Mr David Jones (Clwyd West) (Con)]

I am pleased to follow the hon. Member for Walthamstow (Stella Creasy). I have heard your strictures, Mr Evans, and I shall try to be as brief as I possibly can. I rise to speak in support of the amendments to which I am a signatory, and I will focus in particular on amendment 131, which has been the subject of so much of the debate this evening.

Illegal migration is a severe problem, and one that is causing increasing concern to constituents of most, if not all, hon. Members. Speaking from my own experience as the Member of Parliament for a semi-rural constituency in north Wales, many hundreds of miles away from the channel beaches, I can say that I receive more correspondence about this issue than virtually any other national issue. Over the years, the people of this country have shown themselves to be generous and welcoming to those who are genuinely in peril—that is borne out by the warmth of the welcome they have given in recent years to Ukrainians fleeing from Putin’s aggression, and to Hongkongers escaping China’s anti-democratic oppression. Equally, however, they are incensed by the rapidly rising influx of illegal migrants, who are themselves the pitiful currency of the loathsome trade of people smuggling. As such, the Prime Minister is quite right to make plain that stopping the small boats is at the top of his list of priorities, and this Bill is therefore highly welcome.

The Government have taken a robust approach to the problem, and that robustness will be highly welcomed by the people of this country, whose patience has been tried too, and beyond breaking point. There is a concern, however, that the Government’s perfectly proper aim of breaking the business model of the people smugglers might be frustrated by the human rights legislation that is routinely and, frankly, cynically abused by those who wish to degrade this country’s ability to defend its own borders and territorial integrity. In clause 1(5) the Government recognise that concern. That provision excludes the operation of section 3 of the Human Rights Act 1998, which provides that so far as is possible, legislation must be read and given effect in a way that is compatible with the European convention on human rights.

Excluding section 3 is itself a bold step for which the Government are to be commended, but given the severity of the problem, as Professor Richard Ekins and Sir Stephen Laws have pointed out, it remains debatable whether clause 1(5) alone will be sufficient to safeguard the Bill’s measures against cynical procedural attacks via the European Court of Human Rights. It is for such purpose that amendments 131, 132 and 133 are framed. Anyone doubting the need for such amendments should consider the case of N.S.K. v. United Kingdom, which has been referred to by my hon. Friend the Member for Devizes (Danny Kruger). To repeat, in that case a duty judge of the European Court of Human Rights made an order, on 13 June last year, granting an application for a rule 39 measure preventing the removal of an asylum seeker to Rwanda.

That order was made ex parte, without any opportunity for the UK Government to argue against it. Furthermore, the order was made after both the High Court and the Court of Appeal had rejected applications for interim relief. The Supreme Court in fact went on to refuse an application for leave to appeal. Remarkably, however, the rule 39 order was made the day before the Supreme Court announced its refusal, apparently contrary to the rule that domestic proceedings must be exhausted before applications to the European Court will be entertained. The position therefore is that the most senior judges in the land had considered the merits of the applicant’s case and found against it, yet a European judge made an order frustrating the removal of the applicant without considering the merits of the Government’s case and apparently contrary to the European Court’s own rules.

Interim measures are not strictly legally binding, but the European Court’s own jurisprudence, as has already been pointed out, asserts that any failure to comply with them amounts to a contravention of article 34, by hindering an applicant’s right to apply to the Court alleging a breach of the convention. The possibility—arguably, the probability—is that domestic British courts will feel constrained to act in compliance with interim measures and, indeed, to follow other judgments of the European Court, and that alone could prove fatal to the aims of the Bill. I do not believe that the Government or this House should allow that to happen.

Appropriate further safeguards should be introduced to the Bill to ensure its effectiveness, and it is for that purpose that amendment 131 was tabled. It would ensure that the legitimate and proper aim of the Government to protect our national borders is not frustrated. Put simply, the people of this country will not thank us if the Bill does not work, and there is a distinct danger, if the European Court is allowed, that that is precisely what will happen.

I believe that amendment 131 is absolutely necessary, and for similar reasons I support the other amendments to which I have put my name. It has already been pointed out that those amendments will not be pressed to a vote, but I very much hope that my right hon. Friend the Member for Newark (Robert Jenrick), when he winds up, will confirm that he will engage in dialogue with those of us who are concerned about the absence of those amendments and seek a way forward that will ensure that the Bill will work, which is what every hon. Member of this House should want.

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[Jack Brereton]

I thank my hon. Friend for making that point. I entirely agree. The people of Stoke-on-Trent absolutely want robust action on this. We will not continue to tolerate the powers of Strasbourg and the European courts overriding the decisions of this House and our British courts.

If we do not stop illegal entry and misuse of the asylum system, we will not be able to give proper attention to those in genuine need. Nor will we enjoy the support of the general public. The Bill is about fairness and ensuring that resources are available for those in genuine need, but it needs to have belt and braces to ensure it does not end up in a lucrative legal battle for activist lawyers. Real change is needed to tackle the unprecedented pressures and to look to the improvements that are needed. I look forward to those constructive discussions with Ministers. We must never again allow our generosity and compassion as a nation to be abused by people smugglers with dangerous small boats.

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

That was a much shorter contribution, so things are looking brighter to get everybody in.

[Patrick Grady (Glasgow North) (SNP)]

Bills of major constitutional significance are usually treated on the Floor of the House in a Committee of the Whole House. The Government refused to send the Elections Bill and the Retained EU Law (Revocation and Reform) Bill to Committee of the whole House and sent them upstairs to Public Bill Committees, yet they find time for this Bill, which stretches any claim to reflect what was in the Tory manifesto, to have its Committee stage here in the Chamber. I wonder why that is. One effect, of course, is that there is no opportunity to hear from stakeholders by taking evidence on the Bill. Perhaps that is not a surprise because there does not seem to have been a single briefing or intervention from anyone with any interest or experience in the field of immigration, asylum policy or law that is actually in support of what the Government are proposing.

The only people cheering on the Bill are the populist hard-right elements on the Conservative Back Benches—and, I suppose, the Cabinet—and their friends in equally right-wing media outlets. Even then, it seems that this is a Bill that pleases no one. The range of amendments tabled from the Back Benches, on both sides of the Committee, shows the risk the Government are taking and the damage they are doing by pursuing wedge-issue and dog-whistle politics. The Brexiteers, seemingly with the tacit support of the Home Secretary, are seeking to use their amendments to expunge any last vestige of what they see as European influence in the United Kingdom by taking us out of the ECHR.

Meanwhile, on the Opposition Benches, many of us, including my hon. Friends the Members for Glasgow Central (Alison Thewliss) and for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), are proposing a wide range of amendments that seek to reduce or negate some of the worst aspects of the Bill. Amendment 76, for example, on which I hope we will be able to test the will of the Committee, would make it much clearer that the need for protection, the experience of human rights abuses, or being a victim of slavery or human trafficking would be grounds for a claim to suspend a deportation process. Amendment 77 puts much stronger restrictions on the definitions of a third country to which asylum seekers could be deported. Many other SNP amendments have similar effects. They aim to introduce some element of fairness and respect for human rights, whether on the time available for appeals and considerations, or the grounds on which such claims can be made.

The key issue in this evening’s grouping is that, if the Government really want to stop people arriving here on small boats, they have to provide safe and legal alternatives. The reality is that at the moment for the majority of people who currently arrive here and successfully claim asylum, such routes do not exist. What are the safe and legal routes for someone from Eritrea or Iran? That question has been asked multiple times and has not been properly answered. If there were safe and legal routes available, people would not be coming. Incidentally, the Bill is supposed to have a deterrent effect and is backdated to 7 March, so I wonder how many people have been deterred already. Have landings on the south coast of England suddenly evaporated? I suspect not and that perhaps shows that the Bill is not going to have the effect the Government want it to have.

Even where schemes for safe and legal routes exist, such as for Afghanistan, like the proposals in the Bill, they go nowhere near far enough. My amendments, including amendments 177 and 179, make the point that it is far better to think in terms of targets than caps for safe and legal entrants. This country is crying out for people to come here and help make our health service, social care system, hospitality industries and agricultural sector work more effectively and efficiently, but too many people who could be—and want to be —productive are left sitting in hotels at the taxpayer’s expense, when they could be earning a wage that pays for their accommodation and contributes back into the tax system.

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[Stuart C. McDonald]

Thank you for allowing me to speak again, Mr Evans.

What we have had today is an absolute disgrace of a debate. The timetabling of this really important Bill has been absolutely shocking. Whatever side of the debate we are on, we must understand that it is of incredible constitutional significance. There are questions here about whether we are breaking some absolutely fundamental treaty obligations, yet we have been treated to nothing more than a few slogans and not a single effort to address any of the amendments we tabled in good faith. Those amendments were not just tabled off my own bat, but in consultation with the Law Society, the Law Society of Scotland, Immigration Law Practitioners’ Association—lots of respected organisations that deserve to have their voice heard here and deserve to be treated with respect by this Government. The whole process has been an absolute embarrassment to Parliament. Where is the impact assessment we should have had before the Bill? That is just as disgraceful as the lack of respect for the amendments tabled today.

What we have had today is not a serious debate. We have had slogans and dog-whistle rhetoric. We have a Government who have shown that they are all slogans and absolutely no respect for Parliament.

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. I am anticipating four Divisions and I will try to assist the House as to when they are likely to happen. First, we go to Sir William Cash.

[Sir William Cash]

In the light of the firm and clear assurance given by my right hon. Friend the Minister in relation to my amendments, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 76, in clause 37, page 40, line 8, leave out from “means” to the end of line 12 and insert:

“(a) a protection claim, (b) a human rights claim, or (c) a claim to be a victim of slavery or a victim of human trafficking.”—(Alison Thewliss.)

Question put, That the amendment be made.

Illegal Migration Bill

Nigel Evans Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Mr Nigel Evans in the Chair]

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

I remind Members that in Committee they should not address the Chair as Deputy Speaker. Please use our names when addressing the Chair: Dame Rosie, Mr Evans or Sir Roger. Madam Chair, Chair, Madam Chairman or Mr Chairman are also acceptable. Like yesterday, I advise Members that a lot of people wish to speak, so if they focus on making shorter contributions, everybody will get an equal shout.

Clause 2

Duty to make arrangements for removal

[Alison Thewliss (Glasgow Central) (SNP)]

I beg to move amendment 186, page 2, line 32, leave out “must” and insert “may”.

[The First Deputy Chairman of Ways and Means]

With this it will be convenient to discuss the following:

Amendment 139, page 2, line 33, leave out “four” and insert “five”.

This amendment adds a fifth condition to the duty to remove.

Amendment 187, page 2, line 33, at end insert

“subject to the exceptions in subsection (1A).”

Amendment 188, page 2, line 33, at end insert—

“(1A) This section does not apply to a person who was under the age of 18 when they arrived in the UK”.

Amendment 189, page 2, line 33, at end insert—

“(1A) This section does not apply to a person (“A”) who is an Afghan national where there is a real risk of persecution or serious harm to A if returned to that country.”

Amendment 190, page 2, line 33, at end insert—

“(1A) This section does not apply to a person who is a refugee under the Refugee Convention or in need of humanitarian protection.”

Amendment 191, page 2, line 33, at end insert–

“(1A) This section does not apply to a person (L) where there is a real risk of persecution or serious harm on grounds of sexual orientation if L is removed in accordance with this section.”

Amendment 192, page 2, line 33, at end insert—

“(1A) This clause does not apply to persons who there are reasonable grounds to suspect are victims of torture.”

Amendment 195, page 2, line 33, at end insert—

“(1A) This clause does not apply to persons who there are reasonable grounds to suspect are victims of trafficking or slavery.”

Amendment 196, page 2, line 33, at end insert—

“(1A) This clause does not apply to an individual who meets the definition of an “adult at risk” in paragraph 7 of the Home Office Guidance on adults at risk in immigration detention (2016), including in particular people suffering from a condition, or who have experienced a traumatic event (such as trafficking, torture or sexual violence), that would be likely to render them particularly vulnerable to harm.”

Amendment 282, page 2, line 33, at end insert—

“(1A) This clause does not apply to a person who has been diagnosed with AIDS or as HIV positive.”

Amendment 193, page 3, line 8, after “person” insert

“is not a citizen of Ukraine, and”.

Amendment 194, page 3, line 8, after “person” insert

“does not have family members in the United Kingdom, and”.

Amendment 197, page 3, line 9, leave out “on or after 7 March 2023” and insert

“more than one month after this section comes into force”.

Amendment 285, page 3, line 11, at end insert

“with which the United Kingdom has a formal legally binding agreement to facilitate returns required under this section, and”.

This amendment would restrict the duty to arrange removal of people who travelled to the UK through a safe third country to cases where that country has a formal, legally binding agreement with the UK Government on migration returns.

Amendment 2, page 3, line 12, after “race” insert “gender”.

This amendment would explicitly add persecution on the basis of gender as potential reasons for the purposes of the third condition.

Amendment 198, page 3, line 15, leave out subsection (5) and insert—

“(5) Subsection (4) is to be interpreted in accordance with article 31(1) of the United Nations Convention on Refugees.”

Amendment 123, page 3, line 18, leave out from “they” to end of line 19 insert

“lawfully settled or found protection in another country outside the United Kingdom where they faced no serious risk of persecution or violations of their human rights and which complies with the requirements of the 1951 Convention on Refugees”.

This amendment would redefine “in both cases” so that it complies with the meaning of that phrase in Article 31 of the Refugee Convention as interpreted by the UN High Commissioner for Refugees.

Amendment 140, page 3, line 21, at end insert—

“(6A) The fifth condition is that the person was either—

(a) aged 18 or over, or

(b) under the age of 18 and was in the care of an individual over the age of 18,

at the time they entered the United Kingdom.”

Amendment 199, page 3, line 22, leave out subsection (7).

Amendment 200, page 3, line 41, leave out “unaccompanied”.

Amendment 6, page 4, line 4, at end insert—

“(d) the Secretary of State is satisfied that the person is cooperating with a public authority in connection with an investigation or criminal proceedings related to people smuggling offences, and that it is necessary for the person to remain in the United Kingdom for the purposes of such cooperation.”

This amendment would provide an exemption from the duty to remove for people assisting with investigations or prosecutions for people smuggling offences, similar to the exemption provided by clause 21 for victims of modern slavery.

Amendment 70, page 4, line 4, at end insert—

“(d) the person enters the United Kingdom from Ireland across the land border with Northern Ireland.”

This amendment would provide an exemption from the duty to remove for people who arrive in the UK from the Republic of Ireland via the land border with Northern Ireland.

Amendment 136, page 4, line 4, at end insert—

“(12) Accommodation provided by the Secretary of State to a person who meets the conditions in this section must not include hotel accommodation.”

This amendment is intended to restrict the use of hotels by those who meet the conditions in clause 2.

Amendment 284, page 4, line 4, at end insert—

“(12) The Secretary of State must, within three months of the date on which this Act is passed, and at intervals of once every three months thereafter, lay a report before Parliament on the number of people who have been removed from the United Kingdom under this section.”

Clause stand part.

Amendment 201, in clause 3, page 4, line 5, leave out “Unaccompanied.”

Amendment 141, page 4, line 6, leave out subsections (1) to (4).

This amendment is consequential on the addition of the fifth condition.

Amendment 202, page 4, line 7, leave out

“at a time when the person is an unaccompanied child”

and insert

“if the person is a child or arrived in the United Kingdom as a child”.

Amendment 295, page 4, line 7, leave out

“at a time when the person is an unaccompanied child”

and insert

“where the person is an unaccompanied child or is a person who arrived in the United Kingdom as an unaccompanied child.”

This amendment seeks to remove the obligation on the Secretary of State to remove a person where the person has ceased to be an unaccompanied child.

Amendment 148, page 4, line 9, leave out subsection (2).

This amendment seeks to remove the provision in the Bill which enables the Secretary of State to remove unaccompanied children from the UK.

Amendment 203, page 4, line 11, at end insert “but only if—

(a) it is in the child’s best interests, and

(b) in accordance with UN Refugee Convention, the European Convention on Human Rights and the UN Convention on the Rights of the Child”.

Amendment 204, page 4, line 12, leave out “unaccompanied”.

Amendment 205, page 4, line 15, leave out sub-paragraph (c).

Amendment 206, page 4, line 17, leave out subsection (4).

Amendment 283, page 4, line 24, at end insert—

“(6A) For the purposes of this section, if C claims to be under the age of 18, but the Secretary of State has reasonable grounds to dispute this claim, C’s age may be verified by a scientific age assessment.

(6B) A scientific age assessment conducted under this section may only entail medical methods, which may include x-ray examination.

(6C) A scientific age assessment may be conducted regardless of whether C has given consent.

(6D) The process or conclusion of the scientific age assessment is final and is not liable to be questioned or set aside in any court.”

Clause 3 stand part.

Amendment 299, in clause 4, page 4, line 28, leave out

“or the power in section 3(2)”.

This amendment would remove the requirement, in relation to unaccompanied children, to disregard relevant protection claims, human rights claims, slavery or human trafficking claims, and applications for judicial review.

Amendment 208, page 4, line 39, leave out “must” and insert “may”.

Amendment 294, page 5, line 2, leave out from “(2)” to the end of line 2 and insert

“must be considered under the immigration rules if the person who made the claim has not been removed from the United Kingdom within a period of six months starting on the day the claim is deemed inadmissible.”

Amendment 209, page 5, line 2, at end insert

“until such time as the Secretary of State withdraws her declaration under subsection (2), or a successful appeal is brought under subsection (4A)”.

Amendment 212, page 5, line 4, leave out “not”.

Amendment 213, page 5, line 5, leave out “no” and insert “a”.

Amendment 210, page 5, line 7, at end insert “subject to subsection (4A)”.

Amendment 135, page 5, line 7, at end insert—

“(4A) No court shall make any order to the effect that a person removed pursuant to the duty in section 2 (1) shall be returned to the United Kingdom.”.

This amendment is intended to block courts from ordering individuals to be returned to the UK.

Amendment 211, page 5, line 7, at end insert—

“(4A) If no removal takes place and no decision is made on a person’s protection or human rights claim within six months of a person’s arrival, then the declaration that such a claim is inadmissible is to be treated as a refusal of the claim giving rise to a right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002.”

Clause 4 stand part.

Amendment 214, in clause 5, page 5, line 34, leave out paragraph (b).

Amendment 301, page 5, line 40, leave out paragraph (b).

This amendment would prevent unaccompanied children being removed to the countries listed in subsection (3), including countries listed as “safe” under new section 80AA(1) of the Nationality, Immigration and Asylum Act 2002 (see clause 50).

Amendment 13, page 6, line 33, at end insert—

“(c) in a case where P is a national of a country to which their return may reasonably be expected to constitute a breach of Article 33 of the Convention relating to the Status of Refugees of 1951.”

This amendment would add to the list of exceptional circumstances, in which a person should not be returned to a country of origin ordinarily considered safe, cases in which their removal may reasonably be expected to constitute a breach of the principle of non-refoulement under Article 33 of the Refugee Convention.

Amendment 215, page 6, line 39, at end insert—

“and the following conditions are met–

(a) the removal is pursuant to a formal, legally binding and public readmission agreement between the United Kingdom and the country or territory;

(b) the country or territory meets the definition of safe state set out in section 80B of the Nationality, Immigration and Asylum Act 2002, as shown by reliable, objective and up-to-date information;

(c) the person has been declared inadmissible under section 80B of the Nationality, Immigration and Asylum Act 2002, or section 4(2) of this Act;

(d) the country or territory in question is the country or territory with which the person was found to have a connection under section 80B of the Nationality, Immigration and Asylum Act 2002;

(e) taking into account the person’s individual circumstances, it is reasonable for them to go to that country or territory; and

(f) the person is not a national of that country or territory.”

Amendment 216, page 7, line 3, at end insert—

“and the following conditions are met—

(a) the removal is pursuant to a formal, legally binding and public readmission agreement between the United Kingdom and the country or territory;

(b) the country or territory meets the definition of third country set out in section 80B of the Nationality, Immigration and Asylum Act 2002, as shown by reliable, objective and up-to-date information;

(c) the person has been declared inadmissible under section 80B of the Nationality, Immigration and Asylum Act 2002, or section 4(2) of this Act;

(d) the country or territory in question is the country or territory with which the person was found to have a connection under section 80B of the Nationality, Immigration and Asylum Act 2002;

(e) taking into account the person’s individual circumstances, it is reasonable for them to go to that country or territory; and

(f) the person is not a national of that country or territory.”

Amendment 306, page 7, line 10, at end insert—

“(11A) For the purposes of removal under this section—

(a) where persons arrive in the United Kingdom as a family group, the provisions of this section must apply to them as if they were a single person so that, if they are removed, they are removed to the same country which must satisfy all the provisions of this section in relation to each person;

(b) “family group” means two or more persons who have any of the following relationships—

(i) parent, child, sibling, aunt or uncle, niece or nephew, cousin, husband, wife, grandparent, grandchild, legal guardian, or

(ii) any other relationship which may be set out by the Secretary of State in regulations.”

This amendment seeks to ensure that family members arriving in the UK together would be removed to the same country. For example, this amendment would prevent a husband being removed to a country listed in the Schedule only in respect of men, with the wife being removed to a different country listed in the Schedule.

Clause 5 stand part.

That the schedule be the schedule to the Bill.

Amendment 17, in clause 6, page 8, line 12, after “international organisations” insert

“including but not limited to, the United Nations High Commissioner for Refugees”.

This amendment would add an explicit requirement for the Secretary of State to have regard to information from the UN High Commissioner for Refugees when considering whether to add new countries or territories to the Schedule of safe third countries to which a person may be removed.

Clause 6 stand part.

Amendment 142, in clause 7, page 8, line 22, leave out from “Kingdom” to end of line 24.

This amendment is consequential on the addition of the fifth condition.

Amendment 138, page 8, line 24, at end insert—

“(1A) P may not be removed from the United Kingdom unless the Secretary of State or an immigration officer has given a notice in writing to P stating—

(a) that P meets the four conditions set out in section 2;

(b) that a safe and legal route to the United Kingdom from P’s country of origin existed which P could have followed but did not follow;

(c) that the safe and legal route specified in paragraph (b) has been approved by both Houses of Parliament in the previous 12 months as safe, legal and accessible to persons originating in the relevant country; and

(d) the number of successful applications for asylum in each of the previous five years by persons following the safe and legal route specified in paragraph (b).

(1B) Any determination by the Secretary of State to remove P from the United Kingdom based on information provided by the notice referred to in subsection (1A) may be subject to judicial review on the basis that the information was flawed, and the Secretary of State may not remove P from the United Kingdom while any such judicial review is ongoing.”

This amendment would prevent the Home Secretary removing a person from the United Kingdom unless and until the Secretary of State has confirmed that a safe and legal route existed but that the person nevertheless chose to follow an alternative route which resulted in them arriving in the United Kingdom without leave.

Amendment 121, page 8, line 30, leave out paragraph (b) and insert—

“(ba) any protection claim, human rights claim, claim to be a victim of slavery or a victim of human trafficking as defined by regulations made under section 69 of the Nationality and Borders Act 2022 made by P has been resolved, and

(bb) any application by P for judicial review in relation to their removal from the United Kingdom under this Act has concluded.”

This amendment would make clear that no one can be removed from the UK until their protection claim, human rights claim, claim to be a victim of slavery or trafficking has been resolved or their application for judicial review in relation to their removal has concluded.

Amendment 18, page 8, line 36, at end insert—

“(3A) A notice under subsection (2) must—

(a) be provided in a language understood by that person, and

(b) provide information about how that person may access legal advice.”

This amendment would require the notices of removal to be provided in a language understood by the recipient, and to include information about how the recipient may access legal advice.

Amendment 217, page 8, line 37, leave out subsection (4).

Amendment 218, page 9, line 11, leave out subsection (8).

Government amendments 165 to 167.

Clause 7 stand part.

Amendment 219, in clause 8, page 9, line 29, after “family” insert “who arrives with P and”.

Government amendment 168.

Clause 8 stand part.

Amendment 286, in clause 9, page 11, line 8, at end insert—

“(8) The Secretary of State must, within 30 days of the date on which this section comes into force, publish and lay before Parliament an assessment of the impact of this Act on—

(a) Government expenditure on asylum support; and

(b) the use of contingency accommodation (including the specific use of hotels)

provided under section 4 of the Immigration and Asylum Act 1999.”

Clauses 9 and 10 stand part.

Amendment 220, in clause 11, page 13, leave out lines 19 to 36.

Amendment 221, page 13, leave out from the beginning of line 37 to the end of line 28 on page 14.

Government amendment 169.

Amendment 143, page 14, line 36, leave out lines 36 to 38 and insert—

“(2G) Detention under sub-paragraph (2C) or (2D) is to be treated as detention under sub-paragraph 16 (2) for the purposes of the limitations in paragraph 18B (limitation on detention of unaccompanied children).”

This amendment would remove the provision which enables a person of any age to be detained “in any place that the Secretary of State considers appropriate” and would reapply the existing statutory time and location restrictions on the detention of unaccompanied children.

Amendment 65, page 14, line 38, at end insert

“provided that it is compliant with the Detention Centre Rules 2001 and that local residents who may be affected are properly consulted.”

Amendment 71, page 14, line 38, at end insert

“, except in the case of an unaccompanied child or where a relevant family member is aged under 18, in which case sub-paragraph (2H) applies.

(2H) Where this sub-paragraph applies, the Secretary of State must consult and take into account the advice of the Children’s Commissioner as to whether—

(a) detention of the child or young person is compatible with the rights of the child or young person, and

(b) whether the place proposed for detention is suitable for ensuring the well-being of the child or young person.

(2I) The Secretary of State must lay before Parliament, subject to any appropriate redactions of personal data, advice received from the Children’s Commissioner under sub-paragraph (2H).”

This amendment is intended to give the Children’s Commissioner (who has responsibility for the welfare of under-18s in reserved/excepted matters across the UK) a role in ensuring that their rights are taken into account in the detention decision, and that any detention accommodation secures their welfare.

Amendment 145, page 14, line 41, leave out subsection (4).

This amendment would remove the provisions which disapply the existing statutory time and location restrictions on the detention of children and their families.

Amendment 222, page 15, leave out lines 27 to 43.

Amendment 223, page 15, leave out from the beginning of line 44 to the end of line 34 on page 16.

Amendment 144, page 16, line 40, leave out lines 40 and 41 and insert—

“(2E) Detention under subsection (2A) or (2B) is to be treated as detention under sub-paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (limitation on detention of unaccompanied children).”

This amendment would remove the provision which enables a person of any age to be detained “in any place that the Secretary of State considers appropriate” and would reapply the existing statutory time and location restrictions on the detention of unaccompanied children.

Amendment 147, page 16, line 40, leave out lines 40 and 41 and insert—

“(2E) Detention under subsection (2A) or (2B) is to be treated as detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 for the purposes of the limitations in paragraph 18B of Schedule 2 of that Act.”

See explanatory statement for Amendment 146.

Amendment 21, page 17, line 9, leave out subsection (11).

This amendment seeks to remove the provisions which disapply existing statutory time limits on detention of pregnant women to people detained under powers set out in this clause.

Clause 11 stand part.

Amendment 226, in clause 12, page 17, line 20, leave out

“in the opinion of the Secretary of State”.

Amendment 227, page 17, line 24, leave out lines 24 to 28.

Amendment 228, page 17, line 42, leave out

“in the opinion of the Secretary of State”.

Amendment 229, page 18, line 1, leave out “reasonably”.

Amendment 230, page 18, line 2, leave out

“the Secretary of State considers to be”.

Amendment 231, page 18, line 39, leave out

“in the opinion of the Secretary of State”.

Amendment 232, page 19, leave out lines 1 to 4.

Amendment 233, page 19, leave out lines 11 to 20.

Clause 12 stand part.

Amendment 234, in clause 13, page 20, line 32, leave out subsection (3).

Amendment 124, page 21, line 3, leave out from beginning to end of line 11 on page 22.

This amendment would remove the prohibition, for the first 28 days of detention, on the grant of immigration bail by the First-tier tribunal and the ouster of judicial review of detention.

Amendment 235, page 21, line 12, leave out subsection (4).

Government amendments 170 and 171.

Clauses 13 and 14 stand part.

Amendment 238, in clause 15, page 22, line 30, at end insert—

“(1A) The power in clause (1) may only be exercised if the exercise of that power is in the best interests of the child, or children, being provided for.”

Amendment 239, page 22, line 34, leave out “may” and insert

“must, as necessary to secure the best interests of the child,”.

Clause 15 stand part.

Amendment 240, in clause 16, page 23, line 2, leave out “may” and insert “must”.

Amendment 241, page 23, line 3, leave out

“on a certain date (the transfer date)”

and insert

“as soon as reasonably practical”.

Amendment 242, page 23, line 10, leave out subsections (4) to (8).

Clause 16 to 18 stand part.

Amendment 246, in clause 19, page 24, line 27, at end insert

“but only with the consent of the Senedd Cymru, Scottish Parliament or Northern Ireland Assembly.”

Clauses 19 and 20 stand part.

Amendment 247, in clause 21, page 25, line 17, leave out paragraphs (a) and (b) and insert

“grounds of public order prevent observation of the reflection and recovery period, or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 21 relating to exclusion from trafficking protections to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 24, page 25, line 19, at end insert—

“(aa) the Secretary of State is satisfied that the person is a threat to public order, within the terms of section 63(3) of the Nationality and Borders Act 2022.”

Amendment 125, page 25, line 20, leave out paragraph (b) and insert—

“(aa) grounds of public order prevent that person being provided with a recovery and reflection period in accordance with Article 13 of the Council of Europe Convention on Action against Trafficking.”

This amendment, together with Amendments 126 and 127, would ensure that the disapplication of modern slavery provisions extends only in accordance with the Council of Europe Convention on Action against Trafficking.

Amendment 126, page 25, line 29, leave out paragraph (b).

This amendment, together with Amendment 127, would ensure that the disapplication of modern slavery provisions extends only in accordance with the Council of Europe Convention on Action against Trafficking.

Amendment 292, page 26, line 2, at end insert—

“(d) a decision has been made by a competent authority that there are reasonable grounds to believe that the person is a victim of sexual exploitation (“positive reasonable grounds decision”).”

This amendment seeks to remove potential victims of sexual exploitation from the provisions requiring them to be removed.

Amendment 127, page 26, line 25, leave out subsections (7) to (9).

This amendment, together with Amendment 126, would ensure that the disapplication of modern slavery provisions extends only in accordance with the Council of Europe Convention on Action against Trafficking.

Amendment 291, page 26, line 36, at end insert—

“(9A) A person whose removal from the United Kingdom is enabled by subsection (2), shall only be removed to a state that is a signatory to—

the European Convention on Human Rights, and

the Council of Europe Convention on Action Against Trafficking.”

This amendment seeks to restrict the removal of victims of modern slavery to countries which are signatories to the European Convention on Human Rights and the Trafficking Convention.

Clause 21 stand part.

Amendment 249, in clause 22, page 27, line 11, leave out paragraphs (a) to (c) and insert

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 21 relating to exclusion from trafficking protections to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 288, page 27, line 17, leave out subsection (2).

This amendment seeks to remove the bill’s restrictions on the provision of modern slavery support to those subject to the provisions in clause 2.

Clause 22 stand part.

Amendment 289, in clause 23, page 27, line 30, leave out subsection (2).

See explanatory statement for Amendment 288.

Clause 23 stand part.

Amendment 290, in clause 24, page 29, line 13, leave out subsection (2).

See explanatory statement for Amendment 288.

Clause 24 stand part.

Amendment 250, in clause 25, page 30, line 34, leave out subsection (2).

This amendment leaves out an exception to the general sunset provision relating to Scottish trafficking legislation.

Amendment 251, page 30, line 39, leave out paragraphs (b) and (c).

This amendment removes provisions allowing the Secretary of State, in regulations, to make certain provisions which would alter the operation of the two-year sunset clause in relation to clauses 21 to 24.

Clause 25 stand part.

Amendment 252, in clause 26, page 31, line 26, leave out “25(3)(c)” and insert “25(3)(b) or (c)”.

This amendment seeks to ensure that certain regulations altering the operation of the two-year sunset clause in relation to clauses 21 to 24 require use of the draft affirmative procedure.

Amendment 253, page 31, line 29, leave out subsections (2) to (6).

This amendment would remove powers to allow revival of provisions excluding trafficking and slavery protections without using the draft affirmative procedure.

Clauses 26 and 27 stand part.

Amendment 129, in clause 28, page 33, line 25, leave out “to deportation” and insert “for removal”.

The purpose of this amendment is to replace the term “deportation” with “removal”.

Amendment 130, page 33, line 25, at end, insert—

“(3A) The Secretary of State may by regulations amend any primary or secondary legislation relating to immigration, asylum, criminal justice and counter-terrorism, including this Act, in order to replace consistently the terms “deport” or “deportation” with “remove” or “removal”.”

The purpose of this amendment is to replace the terms “deport’” and “deportation” with “remove” and “removal” consistently across all relevant existing UK law.

Clause 28 stand part.

Amendment 254, in clause 29, page 33, leave out lines 36 to 40.

Amendment 255, page 34, line 5, leave out “ever”.

This amendment, along with Amendment 256, would ensure persons were not excluded permanently from leave to enter or remain.

Amendment 256, page 34, line 7, after “United Kingdom)” insert

“at any time in the last three years”.

See explanatory statement for Amendment 255.

Amendment 257, page 34, leave out lines 8 to 12.

Amendment 258, page 34, line 13, after “(5)” insert

“and such other exceptions as may be set out in immigration rules”.

Amendment 259, page 34, line 14, leave out “must” and insert “may”.

Amendment 260, page 34, line 24, leave out “must” and insert “may”.

Amendment 261, page 34, line 25, leave out “must” and insert “may”.

Amendment 262, page 34, line 27, leave out “may” and insert “must”.

This amendment, along with Amendments 263 and 264, seeks to require the Home Secretary to admit a person to the United Kingdom, or allow them to remain, if necessary to comply with international obligations.

Amendment 263, page 34, line 37, leave out “may” and insert “must”.

See explanatory statement for Amendment 262.

Amendment 264, page 35, line 1, leave out “may” and insert “must”.

See explanatory statement for Amendment 262.

Amendment 265, page 35, line 8, leave out lines 8 to 20.

Clause 29 stand part.

Amendment 304, in clause 30, page 35, line 31, leave out “has ever met” and insert

“is over the age of 18 at the time of entry into the United Kingdom and meets”.

This amendment seeks to exclude children, whether as unaccompanied children or as members of a family, from the disapplication of future grants of British citizenship.

Amendment 266, page 35, line 34, leave out subsection (4).

This amendment and Amendments 267 to 271 would remove provisions preventing children born in the United Kingdom from ever accessing UK citizenship, because their parents had at any point in the past met the conditions in section 2.

Amendment 267, page 36, line 24, leave out subsection (8).

See explanatory statement for Amendment 266.

Clause 30 stand part.

Amendment 268, in clause 31, page 36, line 31, leave out paragraphs (a) to (d).

See explanatory statement for Amendment 266.

Amendment 269, page 37, line 3, leave out sub-paragraphs (i) and (ii).

See explanatory statement for Amendment 266.

Clause 31 stand part.

Amendment 270, in clause 32, page 37, line 17, leave out paragraphs (a) and (b).

See explanatory statement for Amendment 266.

Amendment 271, page 37, line 29, leave out sub-paragraph (i).

See explanatory statement for Amendment 266.

Clause 32 to 34 stand part.

Amendment 274, in clause 35, page 38, line 8, leave out “may” and insert “must”.

Amendment 182, page 38, line 14, at end insert—

“(3) The Secretary of State may determine that the person is not to be an “ineligible person” for the purposes of sections 31 to 34 if the Secretary of State considers that there are compelling circumstances which apply in relation to the person which mean that it is appropriate to do so.”

This amendment would allow similar discretion to consider, exceptionally, applications for citizenship from those otherwise excluded as the Secretary of State will have in relation to applications for leave to remain, entry clearance and ETA under Clause 29.

Clause 35 stand part.

Amendment 275, in clause 36, page 38, line 17, leave out subsections (2) to (4).

Amendment 276, page 39, line 12, leave out subsections (10) and (11).

Amendment 277, page 39, line 35, leave out subsections (15) and (16).

Clause 36 stand part.

Clauses 52 and 53 stand part.

Amendment 59, in clause 54, page 54, line 34, leave out paragraphs (c) to (h).

This amendment is consequential on deleting clauses 21 to 28 relating to modern slavery.

Amendment 175, page 55, line 9, leave out paragraph (k).

This amendment is consequential on Amendment 174.

Amendment 174, page 55, line 14, at end insert—

“(4A) Regulations under section 51 (cap on number of entrants using safe and legal routes) are subject to a special super-affirmative procedure (see subsections (4B) and (4C)).

(4B) The number specified in regulations under section 51 must be the number specified in a resolution of the House of Commons agreed as a result of an amendable motion moved by a Minister of the Crown.

(4C) Regulations under section 51 may not be made unless a draft of the instrument specifying the number agreed by the House of Commons in accordance with subsection (4B) has been laid before and approved by a resolution of each House of Parliament.”

The intention of this Amendment is that the target number of entrants using safe and legal routes to be specified in regulations under clause 51 should be amendable by Parliament.

Clause 54 stand part.

Government amendment 172.

Clause 55 stand part.

Amendment 60, in clause 56, page 56, line 4, leave out subsections (2) to (4).

This amendment is consequential on deleting clauses 21 to 28 relating to modern slavery.

Clause 56 stand part.

Amendment 63, in clause 57, page 56, line 19, at end insert

“provided that the impact assessment required by section (impact assessment)has been laid before Parliament.”

This amendment is consequential on NC5.

Government amendment 66.

Amendment 64, page 56, line 22, after “sections” insert “(impact assessment) and”.

This amendment is consequential on NC5.

Amendment 61, page 56, line 32, leave out paragraphs (e) to (h).

This amendment is consequential on deleting clauses 21 to 28 relating to modern slavery.

Amendment 278, page 56, line 33, leave out paragraph (f).

Amendment 280, page 56, line 34, leave out paragraph (g).

Amendment 73, page 57, line 2, at end insert—

“(o) section [Safe and legal routes: regulations]”.

Amendment 50, page 57, line 2, at end insert—

“(4A) The Secretary of State may by regulations under subsection (1) bring into force the provisions in sections 21 to 28 on modern slavery.

(4B) For the purposes of subsection (4A) above, the Secretary of State may not make regulations until after an Independent Anti-Slavery Commissioner has been—

(a) appointed; and

(b) consulted by the Secretary of State on the potential implications of the relevant sections.”

This amendment is intended to delay the entry into force of the Bill’s provisions on modern slavery until such time as the Secretary of State has appointed and consulted with a new Independent Anti-Slavery Commissioner.

Amendment 279, page 57, line 2, at end insert—

“(4A) Section 23 may come into force on such day as the Secretary of State may by regulations appoint, if the Scottish Parliament has indicated its consent to the section coming into force.”

Amendment 281, page 57, line 2, at end insert—

“(4A) Section 24 may come into force on such day as the Secretary of State may by regulations appoint, if the Northern Ireland Assembly has indicated its consent to the section coming into force.”

Amendment 74, page 57, line 7, at end insert—

“(7) No regulations may be made under subsection (1) until regulations specifying safe and legal routes have been made under section [Safe and legal routes: regulations].”

Amendment 287, page 57, line 7, at end insert—

“(7) The Secretary of State must, within 30 days of this section coming into force, publish and lay before Parliament all relevant impact assessments carried out by the Government in relation to measures set out in this Act.

(8) For the purposes of subsection (7), “relevant impact assessments” includes, but is not limited to—

(a) assessments of the potential financial costs which may be incurred by the implementation of all measures set out in this Act;

(b) assessments of whether implementation of measures set out in each section of this Act could amount to a breach of any obligations of the United Kingdom under relevant domestic and international laws; and

(c) equality impact assessments.”

This amendment seeks to require the publication of a full set of impact assessments for the bill within 30 days of its coming into force.

Clause 57 stand part.

Amendment 293, in clause 58, page 57, line 9, leave out “Illegal Migration” and insert

“Migration, Asylum and Modern Slavery (Removals)”.

Clause 58 stand part.

New clause 1—Limits on detention—

“(1) No person under the age of 18 may be detained in asylum accommodation at any time.

(2) No person aged 18 or over may be detained in asylum accommodation for more than 28 days.”

New clause 2—Smuggling—

“(1) Not less than six months before this Act comes into force, the Secretary of State must publish a report to Parliament regarding discussions with the governments and authorities of other countries, including those bordering the English Channel and the North Sea, concerning the steps taken or proposed to prevent or deter a person from—

(a) charging refugees for assistance or purported assistance in travelling to or entering the United Kingdom;

(b) endangering the safety of refugees travelling to the United Kingdom.

(2) The report must focus on steps other than the provisions of this Act.”

This new clause requires the Secretary of State to publish a report on the actions that are being taken to tackle people smugglers.

New clause 5—Impact assessment—

“The Secretary of State must lay before Parliament an impact assessment regarding the expected effectiveness of the changes made by this Act in stopping, or reducing the number of, Channel crossings from France by asylum seekers.”

New clause 8—Immigration rules since December 2020: report on effects—

“(1) Before bringing any provisions of this Act into force by regulations, the Secretary of State must commission and lay before Parliament an independent report on the effects of its immigration rules on the UK economy and public services since December 2020.

(2) The areas to be covered by the report must include but are not limited to—

(a) food supply;

(b) fuel supply;

(c) hospitality and tourism;

(d) the NHS;

(e) social care; and

(f) construction.”

This new clause would require the Government to commission and publish an independent report on the effects of its Immigration Rules on the UK economy and public services since December 2020.

New clause 9—Operational efficiency—

“(1) Within six months of the date on which this Act is passed the Secretary of State must commission a management review, to be undertaken by management experts outside the Home Office, of—

(a) the efficiency of the processing by UK Visas and Immigration of applications, and

(b) the efficiency of the removal by Immigration Control of persons whose leave to remain has expired.

(2) For the purposes of this section—

(a) “efficiency” includes fairness, and

(b) the review must include information regarding the numbers of appeals and their success rate.”

This new clause requires the Secretary of State to commission an independent management review of the efficiency of UK Visas and Immigration in processing applications and the efficiency of the removal process for those whose leave to remain has expired.

New clause 14—Independent review of children’s experiences of the asylum system—

“(1) The Government must commission an independent review of children’s experiences of the asylum system, including the support needs for young asylum seekers, failed asylum seekers, and refugees up to the age of 25.

(2) The report of the review under this section must be laid before Parliament within 6 months of the date on which this Act is passed.”

This new clause would give effect to a recommendation of the Home Affairs Select Committee in its report Channel crossings, migration and asylum (HC 199, 18 July 2022). It establishes a statutory duty on the government to commission an independent review of children’s experiences of the asylum system and ensure the presentation of its findings are presented to Parliament within 6 months of the Act.

New clause 15—Independent child trafficking guardian—

“(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable an independent child trafficking guardian to be appointed to assist, support and represent a child to whom subsection (2) applies.

(2) This subsection applies to a child if a relevant authority determines that—

(a) there are reasonable grounds to believe that the child—

(i) is, or may be, a victim of the offence of human trafficking, or

(ii) is vulnerable to becoming a victim of that offence, and

(b) no person in the United Kingdom is a person with parental rights or responsibilities in relation to the child.”

This new clause would give effect to a recommendation of the Home Affairs Select Committee in its report Channel crossings, migration and asylum (HC 199, 18 July 2022). It would oblige the Secretary of State to provide every asylum seeker under the age of 18 with an Independent Child Trafficking Guardian to support their interactions with immigration and asylum processes.

New clause 16—Child protection workers—

“The Secretary of State must by regulations make provision for the training and deployment of child protection workers to work with child migrants on the French coast.”

This new clause would give effect to a recommendation of the Home Affairs Select Committee in its report Channel crossings, migration and asylum (HC 199, 18 July 2022).

New clause 18—Rights and wellbeing of children—

“(1) In the exercise of duties and powers under this Act in relation to any individual who arrived in the UK as a child, the Secretary of State must have as the primary consideration the need to ensure and promote the best interests of the individual, including but not limited to—

(a) the right to a family life;

(b) the right to education;

(c) the safeguarding duties of public authorities;

(d) their safety, health, and wellbeing; and

(e) their physical, psychological and emotional development.

(2) In carrying out the duty under subsection (1) the Secretary of State must assure parity of treatment of all children under the age of 18 currently resident in the United Kingdom.

(3) The Secretary of State must lay before Parliament an annual report setting out details of how the Secretary of State has complied with the duties set out in this section.”

This new clause would confer a safeguarding duty on the Secretary of State in relation to all child asylum seekers (unaccompanied or not), including the need to ensure the parity of standards between safeguarding provisions for child asylum seekers and other children in the UK.

New clause 21—Organised immigration crime enforcement—

“(1) The Crime and Courts Act 2013 is amended as follows.

(2) In section 1 after subsection (10) insert—

“(11) The NCA has a specific function to combat organised crime, where the purpose of that crime is to enable the illegal entry of a person into the United Kingdom via the English Channel.

(12) The NCA must maintain a unit (a “Cross-Border People Smuggling Unit”) to coordinate the work undertaken in cooperation with international partners in pursuit of the function mentioned in subsection (11).””

This new clause would give the National Crime Agency a legal responsibility for tackling organised immigration crime across the Channel, and to maintain a specific unit to undertake work related to that responsibility.

New clause 22—Asylum backlog: reporting requirements—

“(1) The Secretary of State must, within three months of the date on which this Bill was published, and at intervals of once every three months thereafter, publish and lay before Parliament a report on the steps taken and progress made toward clearing the backlog of outstanding asylum claims, within the preceding three- month period.

(2) For the purposes of subsection (1) above, “the backlog of outstanding asylum claims” means the total number of asylum applications on which an initial decision had not yet been made as of 13 December 2022.

(3) In preparing the reports required by subsection (1) above, “progress toward clearing the backlog of outstanding asylum claims” may be measured with reference to—

(a) the number and proportion of applications on which an initial decision is made within six months of the submission of the application;

(b) changes to guidance for asylum caseworkers on fast- track procedures for straightforward applications;

(c) measures to improve levels of recruitment and retention of specialist asylum caseworking staff; and

(d) any other measures which the Secretary of State may see fit to refer to in the reports.”

This new clause seeks to require regular reports from the Secretary of State on progress toward eliminating the asylum backlog.

New clause 27—Accommodation: duty to consult—

“(1) Section 97 of the Immigration and Asylum Act 1999 (supplemental) is amended as follows.

(2) After subsection (3A) insert—

“(3B) When making arrangements for the provision of accommodation under section 95 or section 4 of this Act, the Secretary of State must consult with representatives of the local authority or local authorities, for the area in which the accommodation is located.

(3C) The duty to consult in subsection (3B) also applies to any third party provider operating within the terms of a contract with the Secretary of State.””

This new clause would add to the current law on provision of accommodation to asylum seekers a requirement to consult with the relevant local authorities when making the necessary arrangements.

New clause 28—Detention: impact assessment—

“The Secretary of State must, within 30 days of the date on which sections 11 to 14 of this Act come into force, publish and lay before Parliament an assessment of any necessary expansion of the detention estate required as a consequence of the number of people detained under those sections, and any costs associated with that expansion.”

This new clause seeks to require the publication of an impact assessment for the bill’s impact on the size and cost of the detention estate.

New clause 29—Nation of Sanctuary—

“(1) The Secretary of State and Welsh Ministers must, within six months of the date on which this Act is passed, jointly publish guidance setting out how measures under this Act may be exercised in a way that secures compliance with—

(a) the Welsh Ministers’ commitment to make Wales a “Nation of Sanctuary”; and

(b) the plan published by Welsh Ministers in January 2019 entitled “Nation of Sanctuary – Refugee and Asylum Seeker Plan”.

(2) Before publishing the guidance, the Secretary of State and the Welsh Ministers must jointly—

(a) prepare and consult on draft guidance; and

(b) publish a response to the consultation.

(3) No guidance may be published under this section unless a draft of the guidance has been laid before and approved by Senedd Cymru.”

This new clause would require the UK and Welsh Governments to jointly produce guidance setting out how measures under this Act can be exercised in a way which is consistent with the Welsh Government’s commitment of being a Nation of Sanctuary. No guidance can be published unless it has been approved by the Senedd.

New clause 30—Modern slavery decisions in immigration detention—

“(1) Within 60 days of the passing of this Act the Secretary of State must, by regulation, make provision for the establishment of an expedited process to decide modern slavery cases, where the referral of a potential modern slavery case has been initiated while the potential victim of modern slavery is held in immigration detention pending removal.

(2) In this section “referrals” and “modern slavery decisions” refers to the process for identifying and supporting victims of modern slavery and trafficking set out in section 49 of the Modern Slavery Act 2015.”

This new clause seeks to require the Home Secretary to establish a process to fast-track modern slavery decisions made for the first time in immigration detention pending removal.

New clause 32—Refugee family reunion for unaccompanied children—

“(1) The Secretary of State must, within 2 months of this section coming into force, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for refugee family reunion for unaccompanied children, in accordance with this section, to come into effect after 21 days.

(2) The statement laid under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for unaccompanied children who are the family member of a person—

(a) granted refugee status or humanitarian protection;

(b) resettled through Pathways 1 or 3 the Afghan Citizens Resettlement Scheme; or

(c) who is permitted to enter the UK through a safe and legal route specified in regulations made under section 51(1) (see also subsection (6) of that section).

(3) The rules under subsection (1) must—

(a) lay down no practice which would be contrary to the 1951 Convention relating to the Status of Refugees and the Protocol to that Convention; and

(b) apply equally in relation to persons granted any protection status.

(4) For the purposes of subsection (3), “protection status” means leave to enter or remain that is granted to a person for the purposes of compliance with the United Kingdom’s obligations under—

(a) the 1951 Convention relating to the Status of Refugees and the Protocol to that Convention; or

(b) Article 3 of the European Convention on Human Rights.

(5) In this section, “unaccompanied children” includes a person—

(a) under the age of 18, who is—

(i) separated from both parents and other relatives, and

(ii) is not being cared for by an adult who, by law or custom, is responsible for doing so;

(6) In this section, “family member” include a person’s—

(a) child, including adopted child;

(b) sibling, including adoptive sibling;

(c) such other persons as the Secretary of State may determine, having regard to—

(i) the importance of maintaining family unity,

(ii) the best interests of a child,

(iii) the physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person,

(iv) any risk to the physical, emotional or psychological wellbeing of a person who was granted refugee status or humanitarian protection, including from the circumstances in which the person is living in the United Kingdom, or

(v) such other matters as the Secretary of State considers appropriate.

(7) For the purpose of subsection (5)—

(a) “adopted and “adoptive” refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules;

(b) “best interests” of a child is to be read in accordance with Article 3 of the 1989 UN Convention on the Rights of the Child.”

This new clause seeks to establish a passage for unaccompanied refugee children to be reunited with a family member who has been granted leave to enter and remain in the United Kingdom. This new clause would give effect to a recommendation of the Home Affairs Select Committee in its report Channel crossings, migration and asylum (HC 199, 18 July 2022).

New clause 33—Asylum claims by children—

“Notwithstanding any other provision of this Act—

(a) a child may claim asylum whether or not the child has leave to enter and remain in the United Kingdom; and

(b) a child claiming asylum may not be removed from the United Kingdom until the asylum claim is resolved, whether or not that child is accompanied by an adult with care of the child.”

This new clause would make explicit that a child would be allowed to claim asylum, irrelevant of arrival method, and would be excluded from removal whether the child is unaccompanied or with an adult who has care of the child (such as a parent).

Amendment 62, in clause 1, page 2, line 1, leave out paragraph (d).

This amendment is consequential on deleting clauses 21 to 28 relating to modern slavery.

Amendment 75, page 2, line 13, at end insert—

“(i) establishes and defines safe and legal routes to be open to refugees and asylum seekers with a legitimate claim to be able to come to the United Kingdom legally.”

Amendment 184, page 2, line 14, leave out subsection (3).

Amendment 185, page 2, line 28, leave out subsection (5) and insert—

“(5) So far as it is possible to do so, provision made by or by virtue of this Act must be read and given effect in a way which is compatible with—

(a) the Convention rights,

(b) the Refugee Convention,

(c) the European Convention on Action Against Trafficking,

(d) the UN Convention on the Rights of the Child, and

(e) the UN Convention relating to the Status of Stateless Persons.”

Amendment 1, page 2, line 28, leave out subsection (5).

This amendment would remove the subsection which disapplies section 3 of the Human Rights Act 1998.

Amendment 131, page 2 , line 29, at end insert—

“(6) Provision made by or by virtue of this Act must be read and given effect to notwithstanding any judgement, interim measure or other decision, of the European Court of Human Rights, or other international court or tribunal; and notwithstanding any international law obligation.”

The intention of this amendment is that the provisions of the Bill should operate notwithstanding any orders of the Strasbourg court or any other international body.

Amendment 181, page 2, line 29, at end insert—

“(6) Within one month of the passing of this Act, the Secretary of State must take such steps as are necessary to refer this Act to the European Commission for Democracy through Law, for the purposes of securing the opinion of the Commission as to whether this Act is compliant with the United Kingdom’s obligations as a party to the European Convention of Human Rights.”

Amendment 132, page 2, line 29, at end insert—

“(7) Section 4 (declaration of incompatibility), section 6 (acts of public authorities) and section 10 (power to take remedial action) of the Human Rights Act 1998 do not apply in relation to provision made by or by virtue of this Act.”

This amendment would disapply other provisions of the Human Rights Act 1998 in addition to that already disapplied by clause 1(5) of the Bill.

Clause 1 stand part.

[Alison Thewliss]

The Scottish National party has tabled many amendments to the Bill, as we did yesterday, in a vain attempt to make it more palatable, although the Bill is so egregious as to be unamendable and unsupportable.

The aim of the Bill is reflected in a statement by the United Nations High Commissioner for Refugees, which said that it would

“'amount to an asylum ban—extinguishing the right to seek refugee protection in the United Kingdom for those who arrive irregularly; no matter how genuine and compelling their claim may be, and with no consideration of their individual circumstances”.

This is an extraordinary and extreme Bill. If it is passed, almost no one will be able to claim asylum in the UK—not children, not trafficked people or those at risk of persecution, and not survivors of torture. The Refugee Council has estimated that the Bill will result in as many as 250,000 people, including 45,000 children, being detained or left destitute in state-provided accommodation.

My colleagues and I have set out a range of exceptions to removal, and we have done so for a very clear reason: to humanise this brutal Bill, and talk about the specific impacts it will have. The Tories like to speak as if the people affected by the Bill are some kind of amorphous blob. They are not; each and every one of them is a real human being. They are people who have wept at my surgeries, and it is despicable that this Government care so little for their welfare, as well as for our international obligations. Names have been changed in a number of the examples and case studies I will use, but they are real people.

Amendment 188 is Hussein’s amendment. It asks for the duty of removal not to apply to people who were under the age of 18 when they arrived in the UK. Hussein was flown over from Djibouti aged nine by a woman he had never met. His travel documents were faked and his identity changed. He was made to look after another family’s children while still only a young child himself. It took him until adulthood to speak publicly about his case. Many of us will know him by his more famous name: Sir Mo Farah. Under the Bill, children such as Hussein Abdi Kahin would never have been given the opportunity to rebuild their life. They would have been denied citizenship, detained and removed. Unaccompanied children would not be supported, as they are through the excellent Scottish Guardianship Service run by Aberlour.

Scotland’s Children and Young People’s Commissioner, Bruce Adamson, has said:

“The UK is required to ensure that children seeking refugee status receive appropriate protection and humanitarian assistance, under article 22 of the UN Convention on the Rights of the Child (UNCRC). The UNCRC also requires the UK to ensure that children are protected from exploitation and abuse, and afforded support for recovery. This Bill violates those obligations and many others. Its enactment would place the UK in clear breach of its international law obligations under a range of human rights treaties.”

I urge the Government to accept our amendment.

Amendment 189 would exempt Afghan nationals, and nothing said by the Minister for Veterans’ Affairs in the House earlier has made any difference to how I feel about this issue. There are still many Afghan nationals whom we do not protect. I wonder whether it might be possible to call this Tobias’s amendment, since the person in the case I will mention wishes to remain anonymous. The Independent reported:

“The air force lieutenant, who flew 30 combat missions against the Taliban and was praised by his coalition forces supervisor as a ‘patriot to his nation’, was forced into hiding and said it was ‘impossible’ to make his way to Britain via a safe route.”

That sparked indignation from the right hon. Member for Bournemouth East (Mr Ellwood) who would appear to be entirely detached from the reality of what he has voted for in this Bill. He tweeted:

“This is clearly not who we are as a nation. And is not how our migration system should operate. I hope the Government will look at this case specifically and address the wider issue of how an Afghan (who supported UK Armed Forces) can safely apply for asylum in the UK.”

Let me explain this to the right hon. Gentleman, and to all the others: if this Bill passes, which no doubt it will, that is exactly who this nation is. That is exactly how the UK migration system will operate. It is exactly what Conservative Members voted for in supporting this wicked Bill—no exceptions, no backsies, no fingers crossed behind their backs.

People such as that Air Force lieutenant, people who worked for the British Council, Afghan interpreters, educators, the widows and children of men who served with British troops, and the supplier of crockery to British Armed Forces, cannot sit and wait for the Taliban to find them and execute them. If they manage to get out, if they cross continents, step in a dingy and get across the channel, or even if they fly here via Pakistan on a visit visa obtained by pretending they will go back, the UK Government will not hear their case. They will put them on a flight to Rwanda. That is what inadmissibility means in practice, and the right hon. Member for Bournemouth East and his colleagues should catch themselves on.

Amendment 190 would exempt people who are refugees under the refugee convention or in need of humanitarian protection, because seeking asylum is not a crime.

Amendment 191 exempts people at risk of persecution because of their sexual orientation. I will call this Yvette’s amendment. I met her at the Rainbow Sisters drop-in last week. She is from Uganda, which has just brought in brutal anti-LGBT laws. Her statement to me last week was this: why would the UK Government send her back to neighbouring Rwanda? She would feel no safer there than in Uganda. Under the Bill, she would be offered no protection and sent back to her certain death.

Amendment 192 exempts people for whom there are reasonable grounds to suspect that they are victims of torture. I will call this Kolbassia’s amendment. Kolbassia Haoussou MBE is a survivor of torture and founder of Survivors Speak OUT. He is an incredibly brave man. He is a torture survivor from Chad who was detained on claiming asylum. He has spoken powerfully about the impact that that detention had on him and the uncertainty he faced. He has said that he would have killed himself rather than be returned to the hands of his torturers. The Bill would allow that to happen to Kolbassia.

We tabled amendment 193 to exempt citizens of Ukraine—but wait; I was not sure that the amendment would be in order, because there is a safe and legal route for people from Ukraine. We will not find them coming over in a boat in the channel; they do not need to do that because a safe and legal route exists. That should be the option for anybody in their circumstances.

Amendment 282 exempts people who have HIV/AIDS, because the Bill puts them at risk of not receiving treatment or of being returned to a country where they would face stigma, risk and potentially death.

--- Later in debate ---

[Mrs May]

I am grateful to the hon. Lady for pointing that out, because I had not seen that letter, as it happens, but I am not surprised that those who are working directly in the field are making those points to the Government. Sadly, I must say to my right hon. Friend the Minister that I fear the modern slavery aspects of the Bill reveal a lack of proper consideration of slavery and what it means, of the experience of victims and survivors, of the need to catch the perpetrators if we are to stop it, and of the difficulties that the Bill will create. I think the Government should assess the Bill’s impact on people’s willingness to give evidence and therefore on our ability to catch the traffickers and slave drivers.

It would be of more benefit to our ability to catch slave drivers and support victims and survivors, however, if we ensured that people in slavery in the UK were excluded from the Bill. That would mean recognising the intention of the Modern Slavery Act: that those who have been in slavery in the UK should be protected by the Act regardless of their immigration status. Some of my colleagues may say, “Doesn’t that mean an awful lot of people will want to stay here?” and worry about the numbers, but actually many people who are brought here into slavery want to go home. They do not want to stay here, but under the Bill I fear it is more likely that they will stay in the UK and stay in slavery.

I could say much more about the Bill and its implications, but in the interests of time I will not. I realise that I have already spoken for longer than I told the Whip I might—a black mark in the book!—but this is in our interests. I want to sit down with the Government and find a way through that does not deeply damage the Modern Slavery Act, abandon victims and make it harder to catch traffickers and slave drivers. I fear that the Bill will do all those things. Let us find a way to ensure that it does not. Let us find a way to maintain our world-leading reputation for supporting those who are the victims of slavery, and for the work that we do to catch the traffickers and perpetrators.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

I call the shadow Minister, who has indicated that he wishes to come in early.

[Stephen Kinnock (Aberavon) (Lab)]

It is a great pleasure to follow the right hon. Member for Maidenhead (Mrs May), who spoke so powerfully about the issues at the heart of the Bill. I pay tribute to her outstanding work in the area of modern slavery and trafficking.

Here we are again, back for a second day of debate. Across the Committee, I think we all agree that we need to stop the dangerous small boat crossings and destroy the criminal industry at the heart of them, yet each of us knows, though perhaps not all of us admit it, that the Bill is a con and a sham that will only make a bad situation worse. The Government have no returns agreements with the EU to replace the one we were part of before Brexit, nor do they have a working deal with Rwanda. The Home Secretary failed last weekend in her mission to persuade Rwandan officials to state specifically that Rwanda can take thousands rather than hundreds of asylum seekers sent from the UK every year, although at least she got a photo op outside some houses being built for Rwandan citizens.

For a deterrent to be effective, it has to be credible. There is next to nothing in the Bill that is remotely credible, because it is about chasing headlines and government by gimmick when what we need is common sense, hard graft and quiet diplomacy so that we can really go after the people smugglers upstream and do a deal on returns and on family reunion. What we need is Labour’s five-point plan, which will stop the small boat crossings, clear the Tory asylum backlog and re-establish a firm, fair and well-managed asylum system.

I said yesterday that the Bill was being rushed through Committee at such a speed as to make detailed consideration and debate almost impossible. That applies perhaps even more to today’s sitting.

Illegal Migration Bill

Nigel Evans Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

I do not have time to go into the detail, but I simply say that, by introducing a measure to restrict interim relief, the Bill will make it clear to the courts the intention that only in-country claims, other than factual suspensive claims, should be under the narrow exception provided by the Bill. In other words, where people face a real and imminent risk of “serious and irreversible harm” in the specific country to which they are being removed, this provision will apply and the courts will be restricted in the manner in which they apply that interpretation to the individual in question. That will ensure that all other legal challenges must be “non-suspensive”. In other words the courts can still hear an individual’s case out of country—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Sorry—time’s up. I call Patrick Grady.

[Patrick Grady]

I am not sure I fully completed my hon. Member for Stone bingo card there, but we certainly got most of the greatest hits.

I am not sure whether the hon. Member for Dover (Mrs Elphicke) is aware—I apologise to her if she was not—that a cross-party delegation of MPs visited the port of Dover last week with the Industry and Parliament Trust. We learned that in 55 BC illegal migrants from Rome, possibly led by Julius Caesar, were pelted from the White Cliffs with sticks and rocks. It is just as well that none of the Ministers from the Home Office was on that delegation, because it might have given them ideas for further amendments to the Bill, permitting the throwing of stones at craft attempting to land—or perhaps they would be instructing Border Force to seize the bronze age boat from Dover Museum in an attempt to track down any descendants of illegal migrants from 3,000 years ago.

We also learned about the Border Force processing facility in Dover. Despite the myths of an invasion of small boats washing up on beaches across the south of England, in reality most small boats are diverted directly from channel shipping lanes, where of course they are a major risk to larger vessels, and from there people are processed and sent directly to Marston or elsewhere. There is no invasion; there are no thousands of people prowling the streets. There are just human beings so desperate that they are willing to risk their lives to get here.

Although the provisions of the Bill are designed to be retroactive from 7 March this year, according to the Home Office website, there does not appear to be any significant change in the patterns of detections since the Bill was introduced, so if the Bill was supposed to have a deterrent effect, it appears to be failing from the start. However, that has not prevented the Government from doubling down on their hostile environment with the swathe of amendments they have tabled today.

In Committee, the Minister took issue with the number of amendments tabled by my hon. Friend the Member for Glasgow Central (Alison Thewliss), saying:

“At this rate, there will be more SNP amendments to the Bill than there are refugees whom they accommodate in Scotland. Instead of pruning the already excessive forest of legal challenges that we find, the hon. Member for Glasgow Central (Alison Thewliss) proposes a Kafkaesque array of new ones.”—[Official Report, 27 March 2023; Vol. 730, c. 777.]

Yet now it is the Government who have tabled a forest of amendments, with an amendment paper running to 73 pages. Of course, if the Government had tabled just one amendment, that would be more than the number of asylum seekers they actually seem to want to accommodate in this country.

If people are looking for Kafkaesque amendments, they should turn to Government new clause 26 and its consequential amendments. Picking and choosing which parts of the ECHR they want to apply at any given time betrays the true agenda of the Home Secretary and her cheerleaders on the Tory Back Benches—to take us out of European, and eventually global, human rights frameworks altogether.

The same applies to the Government amendments, which will undermine their own previous legislation on human trafficking and modern slavery. Those measures will be counterproductive; as the Trades Union Congress has said, the proposals will mean that,

“modern slavery victims who are trafficked…for exploitation will first be denied refuge, then returned to their country of origin and almost certainly back to the criminal gangs who trafficked them in the first place.”

Where the Government have been forced into making concessions, they are nowhere near adequate. I have heard from many constituents in Glasgow North who want refugees to be welcomed here, to have the right to work so they can contribute to our economy and society, as Plaid Cymru proposes in new clause 1, and to be able to come here by defined, safe and legal routes that are established and workable—not a vague pledge to publish a plan for a review of a consultation in a few months’ time, as suggested in new clause 8.

In fact, what constituents in Glasgow North want to see is the Bill defeated at Third Reading and scrapped altogether. Failing that, the Government should adopt the wide range of amendments tabled by the SNP, which aim to bring at least a vestige of humanity into the system, as our amendment 45 would do by requiring courts to make sure the Act is interpreted in line with our international treaty obligations, and to ensure it still resembles an actual asylum process rather than deportation charter, which is why we have tabled amendment 46 to delete clause 2 in its entirety.

I have asked this in this House before, but how often have Home Office Ministers, or their Faragiste fanboys on their Back Benches, sat down with asylum seekers and people who have come here on small boats to listen to their stories? There is an open invitation to any of them—Front Benchers and Back Benchers alike—to come to Glasgow North and meet the inspiring members of the Maryhill Integration Network, who have come here fleeing war and persecution and who, despite being met by the most hostile of environments created by the Home Office, are determined to make a new home in Scotland and make our society a better place for everyone to live in.

That is what an effective asylum system should be designed to produce: people in genuine need being supported and welcomed to rebuild shattered lives and strengthen our society as a whole. The Government’s amendments today to an already inhumane Bill move us even further away from that ideal. However, it is an ideal that constituents in Glasgow North and across Scotland will continue to aspire to, and it will be the foundation of our own independent asylum and immigration system when Scotland too breaks free of the UK’s hostile environment.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I start putting the questions, maybe I can help with a little bit of process. I am anticipating five votes between 6 and 7 o’clock. The first vote will clearly take 10 minutes, but every subsequent vote will be eight minutes, so my strongest advice to everybody is to stay within the parliamentary estate in order that the votes can be taken as efficiently as possible. Owing to the number of votes, I will put the Tellers in place as quickly as I possibly can.

6 pm

Debate interrupted (Programme Order, 13 March).

The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.

Question agreed to.

New clause 17 accordingly read a Second time, and added to the Bill.

The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

New Clause 19

Credibility of claimant: concealment of information etc

“(1) Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended as follows.

(2) In subsection (3)—

(a) in paragraphs (a) and (c) for “a passport” substitute “an identity document”;

(b) in paragraph (b) for “passport” substitute “identity document”;

(c) after paragraph (d) (but before the “and”) insert—

“(da) failure to provide to an immigration officer or the Secretary of State, on request, any information or anything else required in order to access any information stored in electronic form on a thing in the possession of an immigration officer or the Secretary of State that—

(i) was found on the claimant, or

(ii) appears to an immigration officer or the Secretary of State to have been in the possession of the claimant,”.

(3) In subsection (7)—

(a) insert at the appropriate place—

““document” includes information recorded in any form;”;

““identity document” means any document that may be used (whether by itself or otherwise and with or without modifications) to establish, or provide evidence of, a person's identity or address;”;

(b) omit the definition of “passport”.

(4) In subsection (8) for “A passport” substitute “An identity document”.”—(Robert Jenrick.)

This new clause amends section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 to provide for certain kinds of behaviour relating to an identity document or electronic information by a person who makes an asylum claim or a human rights claim to be taken into account as damaging the claimant's credibility.

Brought up, and added to the Bill.

New Clause 20

Legal aid

“(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as mentioned in subsections (2) to (4).

(2) In Part 1 (services), in paragraph 19 (judicial review)—

(a) after sub-paragraph (6) insert—

“(6A) Sub-paragraph (5) does not exclude services provided to an individual who is subject to removal to a third country under the Illegal Migration Act 2023, in relation to judicial review of a refusal of a human rights claim that—

(a) arises from Article 2 or 3 of the Human Rights Convention, and

(b) is made by the individual.”;

(b) in sub-paragraph (10) insert at the appropriate places—

““human rights claim” has the meaning given by section 113 of the Nationality, Immigration and Asylum Act 2002;”;

““the Human Rights Convention” has the meaning given by paragraph 30 of this Part of this Schedule;”;

““third country” has the meaning given by section 37 of the Illegal Migration Act 2023.”

(3) In that Part, after paragraph 31B insert—

“Removal notices under the Illegal Migration Act 2023

31C (1) Civil legal services provided to an individual who has received a removal notice, in relation to the removal notice (including in relation to a suspensive claim relating to the removal notice, and an application under section 44(4) of the Illegal Migration Act 2023 as regards such a claim).

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

(3) In this paragraph “removal notice” and “suspensive claim” have the meaning given by section 37 of the Illegal Migration Act 2023.”

(4) In Part 3 (advocacy: exclusions and exceptions) after paragraph 16 insert—

“16A Advocacy in proceedings in the Upper Tribunal under any of sections 44 to 46 or 48 of the Illegal Migration Act 2023.”

(5) In regulation 11(9) of the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) (qualifying for civil legal services: cases in which merits criteria do not apply)—

(a) omit the “or” at the end of sub-paragraph (d);

(b) after sub-paragraph (e) insert “, or

(f) in relation to any matter described in paragraph 31C of Part 1 of Schedule 1 to the Act (removal notices under the Illegal Migration Act 2023).””—(Robert Jenrick.)

This new clause provides for the provision of legal aid in respect of certain matters.

Brought up, and added to the Bill.

New Clause 23

Electronic devices etc

“Schedule (Electronic devices etc) confers—

(a) powers to search persons liable to be detained under paragraph 16(2C) of Schedule 2 to the Immigration Act 1971 (illegal migrants), and to search vehicles, premises and property, for things on which certain information is or may be stored in electronic form;

(b) powers to seize and retain such things, and to access, copy and use information stored on those things.”—(Robert Jenrick.)

This new clause, and the new Schedule it introduces, confers power to search for, seize and retain mobile phones and other things on which information is stored in electronic form, and to access, copy and use that information.

Brought up, and added to the Bill.

New Clause 24

Decisions relating to a person’s age

“(1) This section applies if a relevant authority decides the age of a person (“P”) who meets the four conditions in section 2 (duty to make arrangements for removal), whether that decision is for the purposes of this Act or otherwise.

(2) If the decision is made on an age assessment under section 50 or 51 of the Nationality and Borders Act 2022, P may not bring an appeal against the decision under section 54(2) of that Act.

(3) Subsections (4) and (5) apply if P makes an application for judicial review of—

(a) the decision mentioned in subsection (1), or

(b) any decision to make arrangements for the person’s removal from the United Kingdom under this Act which is taken on the basis of that decision.

(4) The application does not prevent the exercise of any duty or power under this Act to make arrangements for the person’s removal from the United Kingdom.

(5) The court—

(a) may quash the decision only on the basis that it was wrong in law, and

(b) may not quash the decision on the basis that the court considers the decision mentioned in subsection (1) was wrong as a matter of fact.

(6) In this section “relevant authority” means—

(a) the Secretary of State,

(b) an immigration officer,

(c) a designated person within the meaning of Part 4 (age assessments) of the Nationality and Borders Act 2022,

(d) a local authority within the meaning of that Part, subject to subsection (7), or

(e) a public authority within the meaning of that Part which is specified in regulations under section 50(1)(b) of that Act (referral of age-disputed person for age assessment).

(7) This section applies in relation to a decision of a local authority which is a decision within subsection (1) only if it is for the purposes, or also for the purposes, of the local authority deciding whether or how to exercise any of its functions under relevant children’s legislation within the meaning of Part 4 of the Nationality and Borders Act 2022.

(8) This section applies only in relation to a decision which is made after this section comes into force.

(9) The Nationality and Borders Act 2022 is amended as follows.

(10) In section 54(6) (appeals relating to age assessments)—

(a) omit the “and” at the end of paragraph (a), and

(b) at the end of paragraph (b) insert “, and

(c) section (Decisions relating to a person’s age) of the Illegal Migration Act 2023 (decisions relating to a person’s age).”

(11) In section 56(1) (new information following age assessment or appeal), for paragraph (b) (and the “and” at the end of that paragraph) substitute—

“(b) an appeal under section 54(2)—

(i) could no longer be brought (ignoring any possibility of an appeal out of time),

(ii) has been finally determined, or

(iii) may not be brought as a result of section (Decisions relating to a person’s age)(2) of the Illegal Migration Act 2023 (age assessments relating to removal under that Act), and”.”—(Robert Jenrick.)

This new clause makes provision about challenges to decisions about a person’s age where the person meets or may meet the conditions for removal from the United Kingdom under the Bill.

Brought up, and added to the Bill.

New Clause 25

Age assessments: power to make provision about refusal to consent to scientific methods

“(1) The Secretary of State may make regulations about the effect of a decision by a relevant person (“P”) not to consent to the use of a specified scientific method for the purposes of an age assessment of P where there are no reasonable grounds for P’s decision.

(2) The regulations may provide that, in the circumstances set out in the regulations—

(a) section 52(7) of the Nationality and Borders Act 2022 (refusal to consent to scientific methods to be taken to damage credibility) does not apply, and

(b) P is to be treated as if the decision-maker had decided that P was over the age of 18.

(3) In this section—

“age assessment” means an assessment under section 50 or 51 of the Nationality and Borders Act 2022;

“decision-maker” and “specified scientific method” have the same meanings as in Part 4 of the Nationality and Borders Act 2022 (see section 49 of that Act);

“relevant person” means a person who meets the four conditions in section 2 (duty to make arrangements for removal).

(4) In Part 4 of the Nationality and Borders Act 2022 (age assessments)—

(a) in section 52 (use of scientific methods in age assessments), in subsection (7), at the end insert “(See also section (Age assessments: power to make provision about refusal to consent to scientific methods) of the Illegal Migration Act 2023 (power to make provision about refusal to consent to scientific methods).)”;

(b) in section 53 (regulations about age assessments), in subsection (1)(a)(iv), after “method,” insert “the circumstances in which a person may be considered to have reasonable grounds for a decision not to consent and”.”—(Robert Jenrick.)

This new clause contains a power to make regulations about the effect of a refusal, by a person to whom the Bill applies, to consent to the use of a scientific method in an age assessment. The regulations may provide that, in certain circumstances, the person may be assumed to be an adult. The Secretary of State will not exercise the power until satisfied that the scientific methods in question are sufficiently accurate to mean that applying the automatic assumption in cases of refusal to consent will be compatible with the European Convention on Human Rights (in particular Article 8 (right to private and family life)).

Brought up, and added to the Bill.

New Clause 26

Interim measures of the European Court of Human Rights

“(1) This section applies where the European Court of Human Rights indicates an interim measure in proceedings relating to the intended removal of a person from the United Kingdom under, or purportedly under, this Act.

(2) A Minister of the Crown may (but need not) determine that the duty in section 2(1) (duty to make arrangements for removal) is not to apply in relation to the person.

(3) A decision as to whether or not to make a determination under subsection (2) is to be taken personally by the Minister of the Crown.

(4) In considering whether to make a determination under subsection (2), the Minister may have regard to any matter that the Minister considers relevant, including in particular the matter in subsection (5).

(5) The matter mentioned in subsection (4) is the procedure by reference to which the interim measure was indicated, including in particular—

(a) whether the government of the United Kingdom was given an opportunity to present observations and information before the interim measure was indicated;

(b) the form of the decision to indicate the interim measure;

(c) whether the European Court of Human Rights will take account of any representations made to it by the government of the United Kingdom seeking reconsideration, without undue delay, of the decision to indicate the interim measure;

(d) the likely duration of the interim measure and the timing of any substantive determination by the European Court of Human Rights.

(6) Where a Minister of the Crown does not make a determination under subsection (2), a person or body to which subsection (7) applies may not have regard, in the circumstances mentioned in subsection (7), to the interim measure.

(7) This subsection applies to—

(a) the Secretary of State or an immigration officer when exercising a function under section 2(1) or 7(2), (4) or (5) (further provisions about removal),

(b) the Upper Tribunal when considering any application or appeal under this Act, and

(c) a court or tribunal when considering any application or appeal which relates to a decision to remove a person from the United Kingdom under this Act.

(8) No inference is to be drawn from this section as to whether or not a person or body mentioned in subsection (7) would otherwise have been required to have regard to the interim measure.

(9) Nothing in this Act requires the Secretary of State or an immigration officer to effect the removal of a person from the United Kingdom pending a decision by a Minister of the Crown as to whether or not to make a determination under subsection (2).

(10) In this section—

“decision” includes any purported decision;

“determination” includes any purported determination.”—(Robert Jenrick.)

This new clause provides that an interim measure indicated by the European Court of Human Rights does not affect the duty in clause 2 of the Bill to make arrangements for the removal of a person from the United Kingdom, unless a Minister of the Crown acting in person determines that it is to do so.

Brought up, and added to the Bill.

New Clause 22

Interim remedies

“(1) This section applies to any court proceedings relating to a decision to remove a person from the United Kingdom under this Act (whether the proceedings involve consideration of Convention rights or otherwise).

(2) Any power of the court to grant an interim remedy (whether on an application of the person or otherwise) is restricted as follows.

(3) The court may not grant an interim remedy that prevents or delays, or that has the effect of preventing or delaying, the removal of the person from the United Kingdom in pursuance of the decision.

(4) In this section—

“Convention rights” has the same meaning as in the Human Rights Act 1998 (see section 1(1) of that Act);

“court proceedings” means proceedings in any court (including, in particular, proceedings on an application for judicial review);

“decision” includes any purported decision;

“interim remedy” means any interim remedy or relief however described (including, in particular, an interim injunction or interdict).”—(Robert Jenrick.)

This new clause would restrict the granting of certain interim remedies by a court in proceedings relating to a decision to remove a person from the United Kingdom under the Bill.

Brought up, and added to the Bill.

New Clause 8

Report on safe and legal routes

“(1) The Secretary of State must, before the end of the relevant period—

(a) prepare and publish a report on safe and legal routes by which persons may enter the United Kingdom, and

(b) lay the report before Parliament.

(2) The report must—

(a) contain details of the safe and legal routes by which persons may enter the United Kingdom when the report is published,

(b) contain details of any proposed additional safe and legal routes which have not come into operation at that time,

(c) specify the routes within paragraph (a) or (b) which are or will be available to adults,

(d) specify the routes within paragraph (a) or (b) which are or will be available to children, and

(e) contain details of how routes within paragraph (a) or (b) may be accessed by persons who are eligible to use them.

(3) In this section—

“adult” means a person who is aged 18 or over;

“child” means a person who is under the age of 18;

“the relevant period” means the period of 6 months beginning with the day on which this Act is passed.”—(Robert Jenrick.)

This new clause requires the Secretary of State to prepare and publish a report on safe and legal routes for entry into the United Kingdom and to lay the report before Parliament.

Brought up, and added to the Bill.

New Clause 9

Accommodation: duty to consult

“(1) Section 97 of the Immigration and Asylum Act 1999 (supplemental) is amended as follows.

(2) After subsection (3A) insert—

‘(3B) When making arrangements for the provision of accommodation under section 95 or section 4 of this Act, the Secretary of State must consult with representatives of the local authority or local authorities, for the area in which the accommodation is located.

(3C) The duty to consult in subsection (3B) applies to accommodation including hotel accommodation, military sites, and sea vessels.

(3D) The duty to consult in subsection (3B) also applies to any third party provider operating within the terms of a contract with the Secretary of State.’”—(Stephen Kinnock.)

This new clause would add to the current law on provision of accommodation to asylum seekers a requirement to consult with the relevant local authorities when making the necessary arrangements.

Brought up.

Question put, That the clause be added to the Bill.

--- Later in debate ---

[Alison Thewliss]

On a point of order, Mr Deputy Speaker. We have just passed a Bill for which the Home Secretary is unable to make a declaration under section 19 of the Human Rights Act 1998 that it will be compatible. Others have suggested that it will break the refugee convention, the Council of Europe convention on action against trafficking in human beings, the United Nations convention on the rights of the child and the UN convention relating to the status of stateless persons. I seek your guidance, Mr Deputy Speaker. I am sure that none of our constituents sent us to this place to break the law, and it seems to me that we have perhaps done so in voting for the Illegal Migration Bill. Given that we have a very special duty in this place to be guarantors of human rights in this Parliament, collectively and individually, can you advise what we might do?

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Lady for her point of order and forward notice of it. I can only respond to the bits for which the Chair is responsible, and I am content that the House has proceeded perfectly properly, but her comments are on the record.

[Peter Grant (Glenrothes) (SNP)]

Further to that point of order, Mr Deputy Speaker. Have you or Mr Speaker had any contact from the Leader of the House to indicate whether in future the Government intend to allow sufficient time for major pieces of legislation to be properly considered before being pushed through?

[Mr Deputy Speaker]

I thank the hon. Gentleman for his point of order. I can only speak for myself—I have not spoken to Mr Speaker—but no one has been in touch with me.

Illegal Migration Bill

Nigel Evans Excerpts

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

I beg to move, That this House disagrees with Lords amendment 1.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Lords amendments 2, 6 to 9, 12, 20 and 22, Government motions to disagree and Government amendments (a) to (o) in lieu of Lords amendments 2, 12, 20 and 22.

Lords amendments 23 and 30, and Government motions to disagree.

Lords amendments 31 to 36, Government motions to disagree and Government amendments (a) and (b) in lieu of Lords amendments 31, 35 and 36.

Lords amendments 37 and 38, Government motions to disagree and Government amendments (a) to (e) in lieu of Lords amendments 37 and 38.

Lords amendments 39 to 67, and Government motions to disagree.

Lords amendments 73 and 74, Government motions to disagree and Government amendment (a) in lieu of Lords amendments 73 and 74.

Lords amendment 90, Government motion to disagree and Government amendments (a) to (c) to the words so restored to the Bill.

Lords amendment 93, and Government motion to disagree.

Lords amendment 95, Government motion to disagree and Government amendments (a) and (b) in lieu.

Lords amendments 102 to 104 and 107, and Government motions to disagree.

Lords amendments 3 to 5, 10, 11, 13 to 19, 21, 24 to 29, 68 to 72, 75 to 89, 91, 92, 94, 96 to 101, 105, 106 and 108 to 114.

[Robert Jenrick]

This Bill is vital to stopping the boats and preventing the dangerous, illegal and unnecessary journeys across the channel. The Bill as passed by this House made it unambiguously clear to illegal migrants and people smugglers alike that, if they come to this country by unlawful means, they will not be able to stay. Instead, they will be detained and swiftly removed either to their home country or to a safe third country.

The Government brought forward a number of amendments in the Lords to enhance the Bill. These are largely of a technical nature, so I will not detain the House by setting these out now. Instead, I will confine my remarks to the non-Government amendments passed by the other place. I am grateful to the House of Lords for undertaking its proper role as a revising Chamber. Some of the changes made by the other place are, however, little short of wrecking amendments, and are not ones that the Government can support. There are a few honourable exceptions and I will deal with those first.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am looking to see whether people are standing who did not put in to speak, and there are a couple at least. Thank you very much. You can resume your seats.

Royal Assent

[Mr Deputy Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that His Majesty has signified his Royal Assent to the following Acts:

Finance (No. 2) Act 2023

Supply and Appropriation (Main Estimates) Act 2023

National Security Act 2023.