Nationality and Borders Bill

Nigel Evans Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Bell Ribeiro-Addy]

I am very glad that the hon. Member has given way. I was not present when he referred to my speech, but I want to ask him if he really understands what the issues are. The Government, as he rightly said, already have the ability to reduce people’s citizenship, so why do they want to make it even easier, and why do they want to remove all checks and balances? This is where the concern arises. After what has happened to the Windrush generation, and after what has happened to the young people who—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am afraid that we have run out of time. The allotted time allows two interventions, and we have had those, so I am afraid that that is it.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

I am grateful for the opportunity to speak in the debate. I have just welcomed Little Amal to Parliament Square. Little Amal is the 3.5-metre puppet which has travelled 8,000 km across the world to raise the plight of refugees and support them. However, I did not rise to speak about refugees. I want to speak about clause 9, which has been mentioned several times during the debate.

I know that these powers to strip people of their citizenship are not new powers. I do not need a lecture about what has happened in the past, and which Government introduced it. What worries me is that the legislation that is being introduced now is making the powers more draconian. Since 2019, we have seen the Government justify the deprivation of citizenship of people who do not possess dual nationality, who were born in this country, and who have not set foot in the country to which they are being returned. The Secretary of State simply referred to “reasonable grounds to believe” that an individual would be eligible for foreign citizenship; that was not even confirmed.

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[Tulip Siddiq]

I thank my hon. Friend for her intervention. I was born and raised in this country. I do not even need to mention the colour of my skin. I am here representing people who are genuinely worried about the powers in the Bill and how their lives will be impacted as we move forward. I would just say, without taking up too much time, that people in this House should consider that the powers we have in this House will have a severe impact on people who are non-white, are law-abiding British citizens, make up the fabric of our community, do everything right and now feel that they are being penalised.

[Mr Deputy Speaker (Mr Nigel Evans)]

I know that emotions are running high on both sides, but Members on both sides should try to take the heat out of this. I have heard shouting on both sides and it is really not helping the debate.

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[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I will reduce the time limit to just three minutes, because I want to try to get as many people in as I possibly can, and I will ask the Minister to respond to the debate no later than 4.30 pm.

[Alexander Stafford]

It is a pleasure to speak in this debate. The residents of Rother Valley warmly welcome the Bill. I will speak against new clause 12 and in favour of clause 9. I have been very disappointed with the tone of the debate, especially with regard to the poor victims of the Windrush scandal, which was an absolute tragedy for this country. Opposition Members are somehow equating this Bill with Windrush. This Bill is designed to strip citizenship from dual citizens who are a threat to this country—terrorists, hardened criminals and those people we do not want in this country and should not be part of this country. For Opposition Members to equate those sorts of reprobates with Windrush is deeply insulting and deeply troubling. It is no more than scaremongering and trying to wind people up.

The Bill is not about taking citizenship without notice; that will not happen unless it is not “reasonably practical” to give that notice. I want to hear from Opposition Members on how we could go to, say, an ISIS fighter in Syria and hand them a notice saying, “You’re being deprived of your citizenship”, or to some terrorist in Chechnya saying, “Excuse me, Mr Terrorist, please stop shooting people—I’ve been sent here by the Government to give you a notice.” That would be ludicrous and would put UK Government officials in danger.

The question for this House is whose side we are on. Are we on the side of the rule of law, British citizens and British officials, or do we want to send British officials into harm’s way—to the ISIS suicide bombers of Iraq and Syria to give them a piece of paper? I say no. [Interruption.] I hear chuntering from a sedentary position. I am happy to take interventions from Opposition Members if they wish to challenge this, but none is forthcoming, because they know that this is the truth. They know that this Bill—

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[Sam Tarry]

Thousands of constituents in Ilford South are certainly not terrorists. What happens if they decide to go on a protest about their rights, or against something that the Government are doing to them? Would they then be deemed a terrorist, and at what point? Remember that some of the laws that the Government are looking to bring forward over the next couple of weeks extend the circumstances in which people can be accused of being terrorists. If someone is a climate activist, are they now a terrorist? What about someone who is campaigning because their family are Bangladeshis who are drowning in Bangladesh due to this Government’s inaction on climate change? Can it then be said, “You’re a terrorist—you’re going to have your citizenship removed”? The problem is that people in Ilford South do not trust this Government to take care of minority communities because their track record is so dreadful.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We cannot have interventions that last longer than the speech that is being given.

[Alexander Stafford]

I thank the hon. Member for Ilford South (Sam Tarry). That seems to be Labour Members’ argument. They are creating a Windrush of victims, and talking about activists as terrorists. They are not actually on the side of British people, or on the side of victims or activists. They would rather put up these straw men and say, “Ah, but what happens if the evil hand of Government does this or that?” It is complete rubbish. This Bill is designed to allow us to take control of our borders and of who lives in this country. The people of Rother Valley fundamentally want good people in this country, and people who actually know what is going on. There is an appeals process and, as we have established, a tribunal. The Bill is not about arbitrarily taking away citizenship; it is about helping and looking after our country.

Labour is making a desperate bid to stir up, dare I say it, racial tension—and it is racial tension. As the grandson and son of immigrants, I find that deeply upsetting. It is encouraging division in our country when we need to come together to defeat the terrorists and the bad people. The Bill gives the Government no more power than they had before, except for when it comes to notification. I would say that that protects British officials from going into war zones to give notification. We are not talking about depriving people of citizenship in this way when we can trace them; we are not talking about people in the United Kingdom with a postcode, who we can go to, speak to, and deal with. We are talking about those we cannot get access to. I do not see why Labour is supporting those people who want to do harm to this country. It is telling that in order to, frankly, scam votes out of people, it is trying to appeal to the lowest base.

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[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

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

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

New clause 1—Prescribed period under section 94(3) of the Immigration and Asylum Act 1999—

‘(1) The Asylum Support Regulations 2000 (S.I. 2000/704) are amended as follows.

(2) In regulation 2(2) (interpretation) for “28” substitute “56”.

(3) Subject to subsection (4), this section does not prevent the Secretary of State from exercising the powers conferred by the Immigration and Asylum Act 1999 to prescribe by regulations a different period for the purposes of section 94(3) (day on which a claim for asylum is determined) of that Act.

(4) The Secretary of State may not prescribe a period less than 56 days where regulation 2(2A) of the Asylum Support Regulations 2000 (S.I. 2000/704) applies.’

When an individual is granted refugee status, their eligibility to Home Office financial support and accommodation currently ends after a further 28 days. This new clause would extend that period to 56 days or allow the Secretary of State to set a longer period.

New clause 9—Settled and pre-settled status under EU settlement scheme: certification—

‘(1) Within granting a person settled status or pre-settled status under the EU settlement scheme, the Secretary of State must require the provision of a physical certificate to that person.

(2) The certificate mentioned in subsection (1) must confirm that the relevant person has the relevant status (settled status or pre-settled status).’

This new clause would require the Government to issue a physical certificate when granting settled status or pre-settled status under the EU settlement scheme, allowing all those with such status to provide documentary proof.

New clause 10—Asylum visa for persons in France—

‘(1) On an application by a person (“P“) to the appropriate decision-maker for entry clearance, the appropriate decision-maker must grant P entry clearance if he is satisfied that P is a relevant person.

(2) For the purposes of paragraph (1), P is a relevant person if—

(a) P is in France on the date of application;

(b) P is not a national of a member State of the European Union or a national of Liechtenstein, Iceland, Norway or Switzerland;

(c) P intends to make a protection claim in the United Kingdom;

(d) P‘s protection claim, if made in the United Kingdom, would have a realistic prospect of success; and

(e) there are good reasons why P’s protection claim should be considered in the United Kingdom.

(3) For the purposes of paragraph (2)(e), in deciding whether there are good reasons why P‘s protection claim should be considered in the United Kingdom, the appropriate decision-maker shall take into account—

(a) the relative strength of P‘s family and other ties to the United Kingdom;

(b) the relative strength of P‘s family and other ties to France;

(c) P‘s mental and physical health and any particular vulnerabilities that P has; and

(d) any other matter that the appropriate decision-maker thinks relevant.

(4) For the purposes of an application under paragraph (1), the appropriate decision-maker must waive any of the requirements in paragraph (5) if satisfied that P cannot reasonably be expected to comply with them.

(5) The requirements in this paragraph are—

(a) any requirement prescribed (whether by immigration rules or otherwise) under section 50 of the Immigration, Asylum and Nationality Act 2006; and

(b) any requirement prescribed by regulations made under sections 5, 6, 7 or 8 of the UK Borders Act 2007 (biometric registration).

(6) No fee may be charged for the making of an application under paragraph (1).

(7) An entry clearance granted pursuant to paragraph (1) shall have effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order.

(8) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under paragraph (7), that person shall be deemed to have made a protection claim in the United Kingdom.

(9) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(10) After paragraph 30(1)(b) of Part 1 of Schedule 1 insert— “; or

(c) are conferred by or under sections [Asylum visa for persons in France] and [Right of appeal against France asylum visa refusal] of the Nationality and Borders Act 2022.”

(11) In this section and in section [Right of appeal against France asylum visa refusal]—

“appropriate decision-maker” means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph (1);

“entry clearance” has the same meaning as in section 33(1) of the Immigration Act 1971;

“protection claim”, in relation to a person, means a claim that to remove him from or require him to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—

(a) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention;

(b) in relation to persons entitled to a grant of humanitarian protection; or

(c) under Articles 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950.’

This new clause would provide for a person in France to be granted entry clearance to allow them to claim asylum in the UK in certain circumstances.

New clause 11—Right of appeal against France asylum visa refusal—

‘(1) If an application by a person (“P“) for entry clearance under clause [Asylum visa for persons in France] is refused by the appropriate decision-maker, P may appeal to the First-tier Tribunal against the refusal.

(2) The following provisions of, or made under, the Nationality, Immigration and Asylum Act 2002 have effect in relation to an appeal under these Regulations to the First-tier Tribunal as if it were an appeal against a decision of the Secretary of State under section 82(1) of that Act (right of appeal to the Tribunal)—

(a) section 84 (grounds of appeal), as though the sole permitted ground of appeal was that the appropriate decision-maker was wrong to conclude that P was not a relevant person;

(b) section 85(1) to (4) (matters to be considered);

(c) section 86 (determination of appeal);

(d) section 105 and any regulations made under that section; and

(e) section 106 and any rules made pursuant to that section.

(3) In an appeal under this section, the First-tier Tribunal—

(a) shall allow the appeal if it is satisfied that P is a relevant person; and

(b) shall otherwise dismiss the appeal.

(4) In an appeal under this section, in deciding whether there are good reasons why P‘s protection claim should be considered in the United Kingdom, the First-tier Tribunal shall apply section [Asylum visa for persons in France] (3) as though for the words “appropriate decision-maker” there were substituted the words “First-tier Tribunal”.’

This new clause would allow a person whose application for entry clearance under clause [Asylum visa for persons in France] has been rejected to appeal to the First-tier Tribunal.

New clause 12—Residence permits: recourse to public funds—

‘Within two months of this Act being passed, the Secretary of State must by regulations ensure that anyone holding a valid UK residence permit has recourse to public funds.’

Under this new clause, everyone holding a UK residence permit (many of whom currently have no recourse to public funds) would have recourse to public funds.

New clause 13—Undocumented migrants: access to work and services—

‘(1) The Immigration Act 2014 is amended as follows.

(2) Omit sections 20 to 47.

(3) The Immigration Act 2016 is amended as follows.

(4) Omit sections 1 to 45.’

This new clause would repeal the sections of the 2014 and 2016 Immigration Acts which sought to further restrict undocumented migrants’ access to work and services.

New clause 14—Immigration health surcharge: abolition—

‘Within two months of this Act being passed, the Secretary of State must amend the Immigration (Health Charge) Order 2015 in such a way as to abolish the immigration health surcharge.’

This new clause would require the Secretary of State to abolish the immigration health surcharge.

New clause 15—Time limit on immigration detention—

‘(1) This section applies to any person (“P”) who is liable to detention under a relevant detention power.

(2) P may not be detained under a relevant detention power for a period of more than 28 days from the relevant time.

(3) If P remains detained under a relevant detention power at the expiry of the period of 28 days then—

(a) P shall be released forthwith; and

(b) P may not be detained under a relevant detention power thereafter, unless the Secretary of State or an immigration officer, as the case may be, is satisfied that there has been a material change of circumstances since P’s release and that the criteria in section [Initial detention: criteria and duration](1) are met.

(4) In this section, “relevant detention power” means a power to detain under—

(a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);

(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation);

(c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal); or

(d) section 36(1) of the UK Borders Act 2007 (detention pending deportation).

(5) In this section, “relevant time” means the time at which P is first detained under a relevant detention power.

(6) This section does not apply to a person in respect of whom the Secretary of State has certified that the decision to detain is or was taken in the interests of national security.’

This new clause would prevent people who are liable to detention under a relevant power from being detained for longer than 28 days.

New clause 16—Initial detention: criteria and duration—

‘(1) A person (“P”) to whom section [Time limit on immigration detention] applies may not be detained under a relevant detention power other than for the purposes of examination, unless the Secretary of State or an immigration officer, as the case may be, is satisfied that—

(a) P can be shortly removed from the United Kingdom;

(b) detention is strictly necessary to effect P’s deportation or removal from the United Kingdom; and

(c) the detention of P is in all the circumstances proportionate.

(2) P may not be detained under a relevant detention power for a period of more than 96 hours from the relevant time, unless—

(a) P has been refused bail at an initial bail hearing in accordance with subsection (5)(b) of section [Bail hearings]; or

(b) the Secretary of State has arranged a reference to the Tribunal for consideration of whether to grant immigration bail to P in accordance with subsection (2)(c) of section [Bail hearings] and that hearing has not yet taken place.

(3) Nothing in subsections (1) or (2) authorises the Secretary of State to detain P under a relevant detention power if such detention would, apart from this section, be unlawful.

(4) In this section, “Tribunal” means the First-Tier Tribunal.

(5) In this section, “relevant detention power” and “relevant time” have the meanings given in section [Time limit on immigration detention].’

This new clause sets out the circumstances in which a person to whom NC15 applies may be held in initial detention, and the maximum duration of such detention.

New clause 17—Bail hearings—

‘(1) This section applies to any person (“P”) to whom section [Time limit on immigration detention] applies and who is detained under a relevant detention power.

(2) Before the expiry of a period of 96 hours from the relevant time, the Secretary of State must—

(a) release P;

(b) grant immigration bail to P under paragraph 1 of Schedule 10 to the Immigration Act 2016; or

(c) arrange a reference to the Tribunal for consideration of whether to grant immigration bail to P.

(3) Subject to subsection (4), when the Secretary of State arranges a reference to the Tribunal under subsection (2)(c), the Tribunal must hold an oral hearing (“an initial bail hearing”) which must commence within 24 hours of the time at which the reference is made.

(4) If the period of 24 hours in subsection (3) ends on a Saturday, Sunday or Bank holiday, the Tribunal must hold an initial bail hearing on the next working day.

(5) At the initial bail hearing, the Tribunal must—

(a) grant immigration bail to P under paragraph 1 of Schedule 10 to the Immigration Act 2016; or

(b) refuse to grant immigration bail to P.

(6) Subject to subsection (7), the Tribunal must grant immigration bail to P at a bail hearing unless it is satisfied that the Secretary of State has established that the criteria in subsection 1 of section [Initial detention: criteria and duration] are met and that, in addition—

(a) directions have been given for P’s removal from the United Kingdom and such removal is to take place within 14 days;

(b) a travel document is available for the purposes of P’s removal or deportation; and

(c) there are no outstanding legal barriers to removal.

(7) Subsection (6) does not apply if the Tribunal is satisfied that the Secretary of State has established that the criteria in subsection 1 of section [Initial detention: criteria and duration] above are met and that there are very exceptional circumstances which justify maintaining detention.

(8) In subsection (6), “a bail hearing” includes—

(a) an initial bail hearing under subsection (2); and

(b) the hearing of an application for immigration bail under paragraph 1(3) of Schedule 10 of the Immigration Act 2016.

(9) In this section, “Tribunal” means the First-Tier Tribunal.

(10) The Secretary of State shall provide to P or to P’s legal representative, not more than 24 hours after the relevant time, copies of all documents in the Secretary of State’s possession which are relevant to the decision to detain.

(11) At the initial bail hearing, the Tribunal shall not consider any documents relied upon by the Secretary of State which were not provided to P or to P’s legal representative in accordance with subsection (10), unless—

(a) P consents to the documents being considered; or

(b) in the opinion of the Tribunal there is a good reason why the documents were not provided to P or to P’s legal representative in accordance with subsection (10).

(12) The Immigration Act 2016 is amended as follows—

(a) After paragraph 12(4) of schedule 10 insert—

“(4A) Sub-paragraph (2) above does not apply if the refusal of bail by the First tier Tribunal took place at an initial bail hearing within the meaning of section [Bail hearings] of the Sovereign Borders Act 2021.”.’

In respect of people to whom NC15 applies, this new clause would require the Secretary of State to either release them, grant immigration bail or arrange a reference to the Tribunal within 96 hours.

New clause 18—Illegal immigration: offences—

‘(1) Any person who is present in the United Kingdom without legal authority shall be guilty of an offence.

(2) Any person who enters or attempts to enter the United Kingdom without legal authority shall be guilty of an offence.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).’

This new clause would create offences in respect of persons who have entered the UK illegally or who have remained in the UK without legal authority.

New clause 19—Illegal immigration offences: deportation orders—

‘(1) Any person who is convicted of an offence under section 24 of the Immigration Act 1971 shall be subject to a deportation order unless the Secretary of State deems such a deportation order to be against the public interest.

(2) For the purposes of subsection (1) above, a deportation order shall be deemed to be in the public interest unless a certificate to the contrary has been submitted by the Secretary of State to the Court.’

New clause 21—Nation of Sanctuary—

‘(1) The Secretary of State and Welsh Ministers must jointly produce guidance setting out how measures under this Act may be exercised in a way that secures compliance with—

(a) the Welsh Government’s commitment to be a “Nation of Sanctuary”; and

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

(2) Before issuing the guidance, the Secretary of State must—

(a) in collaboration with the Welsh Minister, prepare and consult on a draft; and

(b) publish a response to the consultation.

(3) In preparing the guidance, consideration must be given to the following matters as far as they relate to refugees and asylum seekers—

(a) conditions in asylum accommodation;

(b) access to public services;

(c) access to language support;

(d) access to education and training;

(e) employment opportunities; and

(f) access to health and social services.

(4) 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 23—Illegal immigration: offences and deportation—

‘(1) Any person who travels to the United Kingdom from a safe third country and attempts to remain in the United Kingdom without lawful authority shall be guilty of an offence.

(2) A person guilty of an offence under this section is liable–

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(3) A person prosecuted for an offence under this section must be held in secure accommodation until the trial and any subsequent appeal have concluded.

(4) Following conviction for an offence under this section—

(a) a person sentenced to a fine must remain in secure accommodation until the person consents to leave the United Kingdom or until execution of a deportation order relating to the person;

(b) a person sentenced to imprisonment must be returned to secure accommodation immediately following the person’s release from prison, and must remain in secure accommodation until the person consents to leave the United Kingdom or until execution of a deportation order relating to the person.’

New clause 24—Indefinite leave to remain payments by Commonwealth, Hong Kong and Gurkha members of armed forces—

‘(1) The Immigration Act 2014 is amended as follows.

(2) In section 68(10), after “regulations” insert “must make exceptions in respect of any person with citizenship of a Commonwealth country (other than the United Kingdom) who has served at least four years in the armed forces of the United Kingdom, or any person who has served at least four years in the Royal Navy Hong Kong Squadron, the Hong Kong Military Service Corps or the Brigade of Gurkhas, such exceptions to include capping the fee for any such person applying for indefinite leave to remain at no more than the actual administrative cost of processing that application, and”.’

This new clause will ensure that Commonwealth, Hong Kong and Gurkha veterans applying for Indefinite Leave to Remain following four years of service will only pay the unit cost of an application.

New clause 26—Age assessments: restrictions—

‘(1) Age assessments under section 49 or 50 must only be undertaken if there is significant reason to doubt the age of the age-disputed person.

(2) A person conducting age assessments under section 49 or 50 must be a social worker.

(3) Age assessments must be undertaken in accordance with the Association of Directors of Children’s Services Age Assessment Guidance or equivalent guidance in the devolved jurisdictions.

(4) When an age assessment is conducted, a process must be used that allows for an impartial multi-agency approach, drawing on a range of expertise, including from—

(a) health professionals;

(b) psychologists;

(c) teachers;

(d) foster parents;

(e) youth workers;

(f) advocates;

(g) guardians; and

(h) social workers.

(5) When making regulations under section 51, the Secretary of State must not specify scientific methods unless the Secretary of State receives written approval from the relevant medical, dental and scientific professional bodies that the method is both ethical and accurate beyond reasonable doubt for assessing a person’s age.

(6) Any organisation developed to oversee age assessments must be independent of the Home Office.’

This new clause would place various restrictions on the use of age assessments.

New clause 27—Unaccompanied refugee children: relocation and support—

‘(1) The Secretary of State must, within six months of the date of Royal Assent to this Act, make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee children from other countries in the European Union.

(2) The number of children to be resettled under subsection (1) shall be determined by the Government in consultation with local authorities.

(3) The relocation of children under subsection (1) shall be in addition to the resettlement of children under any other resettlement scheme.’

This new clause introduces a safe route for unaccompanied children from countries in the European Union to come to the UK.

New clause 28—Immigration health surcharge: exemption for international volunteers—

‘(1) Part 3 of the Immigration Act 2014 is amended as follows.

(2) After section 38, insert—

“38A Immigration health surcharge: exemption for international volunteers

(1) A charge under section 38 may not be imposed on persons who have leave to enter, or to remain in, the United Kingdom through a visa to work voluntarily for a period of no more than 12 months, or for such period as may be prescribed by regulations, for a registered UK charity advancing the charity’s primary purpose.

(2) A statutory instrument containing regulations under this section must not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”’

This new clause would ensure that international volunteers, including those working in health and social care, will be exempt from paying the immigration health surcharge.

New clause 29—Immigration Rules: entry to seek asylum and join family—

‘(1) Within six months of this Act being passed, under the power in section 3(2) of the Immigration Act 1971, the Secretary of State shall lay before Parliament rules making provision for the admission of persons coming for the purpose of seeking asylum.

(2) These rules shall make provision for admitting persons who have a family member in the United Kingdom who is ordinarily and lawfully resident in the United Kingdom.

(3) For the purposes of this section, a “family member” means a grandchild, child, parent, grandparent, sibling, uncle or aunt.’

This new clause would require the Government to make provision within the Immigration Rules for people to be admitted to the UK for the purposes of seeking asylum where they have a family member in the UK.

New clause 31—Route to settlement for children and young people who arrived in the UK as minors—

‘(1) Within twelve months of this Act being passed, the Secretary of State must amend the Immigration Rules so that – for persons to whom this section applies – the requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that—

(a) the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 60 months;

(b) the applicant meets the requirements of paragraph 276ADE(1) of the Immigration Rules or, in respect of the requirements in paragraph 276ADE(1)(iv) and (v) of those Rules, the applicant met the requirements in a previous application which led to a grant of limited leave to remain under paragraph 276BE(1) of those Rules.

(2) This section applies to—

(a) persons who have been granted limited leave to remain on the grounds of private life in the UK because at the time of their application—

(i) they were under the age of 18 years and had lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not have been reasonable to expect them to leave the UK;

(ii) they were agreed 18 years or above and under 25 years and had spent over half their life living continuously in the UK (discounting any period of imprisonment).

(b) persons—

(i) who were granted leave to remain outside the rules on the basis of Article 8 of the European Convention on Human Rights; and

(ii) who arrived in the UK as a minor.

(c) any dependants of a person to whom paragraph (a) or (b) applies.’

Under this new clause, the route to settlement would be shortened from ten years to five years for children and young people who arrived in the UK as minors and have leave to remain on the basis of having grown up in the UK.

New clause 32—Compatibility of Part 2 with the Refugee Convention—

‘(1) The provisions in Part 2 of this Act and any subordinate legislation made under Part 2 are, so far as it is possible to do so, to be read and given effect in a way which is compatible with the Refugee Convention.

(2) Where a court is required to determine whether a provision of this part, or any subordinate legislation made under it, is compatible with the Refugee Convention, and is satisfied that it is not, then it must make a declaration to this effect.

(3) In this section, “court” has the same meaning as in section 4 of the Human Rights Act 1998.’

This new clause would ensure provisions of Part 2 were read as far as possible in a manner consistent with the Refugee Convention, and where that was not possible, this was declared by the Courts.

New clause 35—Refugee Family Reunion—

‘(1) Within six months of this Act coming into force, rules must be laid down by the Secretary of State under section 3(2) of the Immigration Act 1971 to allow any person (“P”) who has been recognised as a refugee in the United Kingdom to sponsor—

(a) any child of P under the age of 25, who was either under the age of 18 or unmarried at the time P left the country of P’s habitual residence in order to seek asylum;

(b) any parent of P;

(c) any sibling of P under the age of 25, who was either under the age of 18 or unmarried at the time P left the country of P’s habitual residence in order to seek asylum; to join them in the UK.’

This new clause would expand the range of family members who can apply to be reunited with a refugee in the United Kingdom.

New clause 36—Asylum dispersal – analysis of costs to dispersal authorities—

‘(1) Within six months of this Act coming into force, the Secretary of State must lay before both Houses of Parliament a report analysing of the costs incurred by local authorities for undertaking the role of asylum dispersal authorities.

(2) The report under subsection (1) must include a summary of submissions made by—

(a) local authorities who act as asylum dispersal authorities, and

(b) organisations acting on behalf of the local authorities.

(3) The report under subsection (1) must set out the Secretary of State’s proposals for reimbursing the costs incurred by asylum dispersal authorities.’

This new clause would require the Secretary of State to lay before Parliament an analysis of the costs incurred by local authorities who host dispersed asylum seekers, and proposals for reimbursing them.

New clause 37—Independent Asylum Agency—

‘Within 12 months of this Act coming into force, the Secretary of State must lay before Parliament proposals for an independent asylum agency with responsibility for deciding applications for refugee status, and related protection claims.’

New clause 38—Instructions to the Migration Advisory Committee—

‘Within two months of this Act coming into force, the Secretary of State must instruct the Migration Advisory Committee to undertake the following work—

(a) a review of the minimum income requirements for leave to enter and remain as a family member of persons who are British citizens or settled in the United Kingdom; and

(b) a report making detailed recommendations on the design of a work visa for remote areas.’

This new clause would require the Secretary of State to instruct the MAC to undertake work reviewing the minimum income requirements for family visas; and on the design of a remote areas visa scheme.

New clause 40—Immigration Rules since December 2020: report on effects—

‘(1) Before this Act comes into force, 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) 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 41—Asylum seekers’ right to work—

‘The Secretary of State must make regulations providing that adults applying for asylum in the United Kingdom may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within 3 months of the date on which it was recorded.’

This new clause would require the Secretary of State to make regulations enabling asylum seekers to work once they have been waiting for a decision on their claim for 3 months or more.

New clause 42—Refugee family reunion—

‘(1) The Secretary of State must, within 6 months of the date of Royal Assent to this Act, 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, in accordance with this section, to come into effect after 21 days.

(2) Before a statement of changes is laid under subsection (1), the Secretary of State must consult with persons he or she deems appropriate.

(3) The statement laid under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for family members of a person granted refugee status or humanitarian protection.

(4) In this section, “refugee status” and “humanitarian protection” have the same meaning as in the immigration rules.

(5) In this section, “family members” include a person’s—

(a) parent, including adoptive parent;

(b) spouse, civil partner or unmarried partner;

(c) child, including adopted child, who is either—

(i) under the age of 18, or

(ii) under the age of 25 but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum;

(d) sibling, including adoptive sibling, who is either—

(i) under the age of 18, or

(ii) under the age of 25, but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum; and

(e) 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.

(6) 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 shall be read in accordance with Article 3 of the 1989 UN Convention on the Rights of the Child.’

This new clause would make provision for leave to enter or remain in the UK to be granted to the family members of refugees and of people granted humanitarian protection.

New clause 44—Safe and legal routes—

‘(1) The Secretary of State must, within 30 days of the date of Royal Assent to this Act and annually thereafter, publish a report on—

(a) all current safe and legal asylum routes to the United Kingdom,

(b) the eligibility criteria for legal entry into the United Kingdom, and

(c) details of the application process.

(2) The Secretary of State must publish a report on its resettlement target of refugees per year, and report on this every year.’

This new clause would require the Secretary of State to publish a summary of safe and legal routes to refuge in the UK each year, alongside their eligibility criteria and application process. It would also commit the UK and Secretary of State to publishing its resettlement targets, and reporting on this annually.

New clause 45—Asylum seekers: employment—

‘(1) The Immigration Rules, as laid before Parliament under section 3(2) of the Immigration Act 1971, are amended as follows.

(2) In paragraphs 360 and 360C (right to request permission to take up employment) for “one year” substitute “six months”.

(3) Omit paragraphs 360A and 360D (which place restrictions on the employment that may be taken up).

(4) After paragraph 360E insert—

360F (none) In paragraphs 360 to 360E, the terms “asylum applicant” and “individual” mean—

(a) a principal applicant, or

(b) an adult dependant of a principal applicant in accordance with paragraph 349.”’

This new clause would permit asylum seekers waiting for more than six months for a decision on their claim to take up employment.

New clause 46—Shortage Occupation List—

‘(1) Before a Minister of the Crown makes any changes to the Immigration Rules Appendix Shortage Occupation List as provided for by the Immigration Rules, the Secretary of State must—

(a) consult each devolved authority on proposed changes, and seek their consent; and

(b) lay before Parliament an independent impact assessment of the proposed changes including, but not limited to, the submissions received from the devolved authorities under paragraph (a).

(2) If a devolved authority does not provide the consent sought under subsection (1)(a), the Minister of the Crown may not proceed with the changes.

(3) In this section “devolved authority” means the Scottish Ministers, the Welsh Ministers or a Northern Ireland department.’

This new clause would require the Secretary of State to consult and receive the consent of the devolved governments before making changes to the Shortage Occupation List in order to ensure that it allows additional flexibility and reflects the different needs of each nation.

New clause 48—Family reunion and resettlement: unaccompanied minors—

‘(1) The Secretary of State must, within a period of six months beginning with the day on which this Act is passed, amend the Immigration Rules in order to ensure that an unaccompanied minor seeking asylum in the EEA who has a family member present in the United Kingdom is entitled to claim asylum in the United Kingdom.

(2) For the purposes of this section, “family member” includes—

(a) a parent or guardian of the applicant;

(b) an aunt, uncle or grandparent of the applicant;

(c) a sibling of the applicant;

(d) the spouse of the applicant;

(e) an unmarried partner with whom the applicant is in a stable relationship; or

(f) any children of the applicant.’

This new clause would allow unaccompanied children to have access to family reunion with close relatives in the UK.

New clause 49—Co-operation with European Union on family reunion arrivals and safe returns—

‘(1) The Secretary of State must, within a period of six months beginning with the day on which this Act is passed, produce a report setting out a negotiating mandate for an agreement with the European Union setting out protocols for identifying the state responsible for determining an asylum application using a hierarchy of criteria, including but not limited to—

(a) family unity,

(b) possession of residence documents or visas,

(c) irregular entry or stay, and

(d) visa-waived entry.

(2) The Secretary of State must lay the report before each House of Parliament.’

This new clause would require the Government to produce a negotiating mandate setting out a proposed reciprocal arrangement with the European Union for safe returns and safe legal routes, to cover the issues previously covered by the Dublin III agreement which has now ended.

New clause 50—Advertising assistance for unlawful immigration to the United Kingdom—

‘(1) It is an offence to advertise by any means, including using social media, services designed to facilitate the commission of an offence under section 25 of the Immigration Act 1971.

(2) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.’

New clause 51—Afghan Citizens Resettlement Scheme—

‘(1) The Secretary of State must make regulations setting out the terms of a resettlement scheme for Afghan citizens known as the Afghan Citizens Resettlement Scheme (“ACRS”).

(2) There must be provisions within the ACRS to allow those who are fleeing persecution and have family members in the UK to apply for the Scheme.

(3) For the purposes of this section, “family member” includes—

(a) the spouse of the applicant;

(b) an unmarried partner with whom the applicant is in a stable relationship;

(c) any children of the applicant;

(d) a parent or guardian of the applicant;

(e) an aunt, uncle or grandparent of the applicant; or

(f) a sibling of the applicant.

(4) Regulations under this section must be made and the ACRS must come into force within 30 days from the date of Royal Assent to this Act.’

This new clause will place the Afghan Citizens Resettlement Scheme on a statutory footing and ensure that it includes provisions for a family reunion route within it.

New clause 52—Non-UK service personnel: waiver of fees—

‘(1) The Secretary of State must, within six months of the date of Royal Assent to this Act, make regulations exempting relevant persons from the payment of fees in respect of the exercise of functions in connection with immigration or nationality under section 68 of the Immigration Act 2014.

(2) For the purposes of this section, “relevant persons” are persons who—

(a) do not hold British citizenship and are serving or have in the past served in the UK armed forces for a minimum period of five years; or

(b) are dependents of persons identified in paragraph (a).’

Amendment 8, page 14, line 4leave out clause 11.

This amendment would remove clause 11, which provides for the differential treatment of refugees depending on their method of arrival in the UK.

Amendment 114, in clause 11, page 15, line 2, at end insert—

‘(7A) Notwithstanding subsections (5) and (6), a person listed in subsection (7B) must not be treated differently from a Group 1 refugee and in particular—

(a) must not face a restriction on their leave to enter compared to any Group 1 refugee;

(b) must have access to indefinite leave to remain on the same basis as any Group 1 refugee;

(c) must not have no recourse to public funds conditions attached to any leave to enter or remain given to them; and

(d) must have access to family reunion on the same basis as Group 1 refugees.

(7B) Subsection (7A) applies to—

(a) an Afghan national who is a refugee because they face a risk of persecution in Afghanistan;

(b) a Syrian national who is a refugee because they face a risk of persecution in Syria;

(c) a Uighur who is a refugee because they face a risk of persecution in China;

(d) a Christian convert who is a refugee because they face a risk of persecution in their country of nationality; or

(e) other persons who are refugees because they are outside of their country of nationality for fear of persecution for a Convention reason as set out in article 1 of the Refugee Convention.’

This amendment would prevent the Secretary of State from treating Afghans, Syrians, Uighurs and Christian converts and other people who are refugees at risk of persecution, differently from Group 1 refugees.

Government amendments 19 to 25.

Amendment 132, in clause 15, page 18, leave out lines 27 to 39 and insert—

“(a) there are in law and in practice—

(i) appropriate reception arrangements for asylum seekers;

(ii) sufficient protection against serious harm and violations of fundamental rights;

(iii) protection against refoulement and removal in violation of Article 3 of the European Convention on Human Rights;

(iv) access to fair and efficient State asylum procedures, or to a previously afforded refugee status or other protective status that is inclusive of the rights and obligations set out at Articles 2-34 of the 1951 Convention;

(v) the legal right to remain during the State asylum procedure;

(vi) a refugee status granted to those who are recognised as refugees that is inclusive of the rights and obligations set out at Articles 2-34 of the 1951 Convention for those found to be in need of international protection; and

(b) it is safe for the particular claimant, taking into account their individual circumstances.”

This amendment modifies the definition of a “safe third State” to limit it to States that are in fact safe, in law and practice, for the particular claimant.

Amendment 133, in clause 15, page 18, line 41, leave out “5” and insert “3”.

This amendment is consequential on a later amendment about the definition of “connection”.

Amendment 134, in clause 15, page 18, leave out lines 43 to 46.

This amendment removes subsection (6), which states that a claimant whose asylum claim has been denied by virtue of their connection to a particular safe third State may be removed to any other safe third State.

Amendment 135, in clause 15, page 19, line 2, leave out “may” and insert “must”.

This amendment would clarify that under specific circumstances, an asylum claim that would otherwise be considered inadmissible must be considered under the immigration rules.

Government amendment 26.

Amendment 136, in clause 15, page 19, leave out lines 3 to 10 and insert—

“(a) in the absence of a formal, legally binding and public readmission agreement between the United Kingdom and the State to which the person has a connection;

(b) as soon as the proposed State of readmission refuses to accept the person’s return or if the person’s readmission has not been agreed within three months of the registration of their asylum claim, whichever is sooner;

(c) if, taking into account the claimant’s personal circumstances, including their family ties to the United Kingdom and the best interests of any children affected by the decision, it is more appropriate that the claim be considered in the United Kingdom; or

(d) in such other cases as may be provided for in the immigration rules.”

This amendment broadens the circumstances in which the Secretary of State must consider an asylum application, despite a declaration of inadmissibility.

Amendment 137, in clause 15, page 19, leave out line 21 and insert—

“(a) has been granted refugee status or another protective status in the safe third state that is inclusive of the rights and obligations set out at Articles 2 to 34 of the 1951 Convention.”

This amendment would strengthen the safeguards in place before a “connection” can be relied on for the purposes of inadmissibility, so as to ensure that the right to seek and enjoy asylum is protected.

Amendment 138, in clause 15, page 19, leave out lines 24 to 32.

This amendment changes the definition of a “connection” to a safe third State by deleting the possibility of finding someone inadmissible on the basis of having been granted nothing more than protection against removal in a third State.

Amendment 139, in clause 15, page 19, line 33, leave out “3” and insert “2”.

This amendment is consequential on amendment 138.

Amendment 140, in clause 15, page 19, line 37, leave out “4” and insert “3”.

This amendment is consequential on amendment 138.

Amendment 141, in clause 15, page 19, leave out lines 43 to 45.

This amendment changes the definition of a “connection” to a safe third State so as to prevent a person being found inadmissible on the basis of a connection to a State to which they have never been.

Amendment 142, in clause 15, page 20, leave out lines 1 to 4 and insert—

“for refugee status or other protective status that is inclusive of the rights and obligations set out at Articles 2 to 34 of the 1951 Convention.”

This amendment changes the definition of a “relevant claim” to a safe third State to ensure that inadmissibility is based on access to a protective status consistent with the Refugee Convention.

Amendment 14, in clause 17, page 21, line 16, at end insert—

‘(1A) The Secretary of State may not serve an evidence notice on a person who was under 18 years of age at the time of their arrival in the United Kingdom.’

This amendment would remove the ability to serve an evidence notice on children and young people who arrived in the UK before the age of 18.

Government amendment 27.

Amendment 118, page 21, line 27, leave out clause 18.

Government amendments 28 to 30.

Amendment 119, page 24, line 30, leave out clause 21.

Government amendments 31 to 38.

Amendment 145, page 25, line 11, leave out clause 22.

Government amendments 39 and 40.

Amendment 146, page 26, line 7, leave out clause 23.

Government amendments 41 to 43.

Amendment 120, page 29, line 2, leave out clause 25.

Amendment 15, in clause 25, page 29, line 13, at end insert—

‘(2A) For the purposes of subsection (2), “good reasons” include, but are not limited to, the claimant having been under the age of 18 years at the time of their arrival in the UK.’

Under this amendment, a claimant who was under the age of 18 at the time of their arrival in the UK would be regarded as having good reasons for providing evidence late.

Government amendments 44 and 45.

Amendment 121, page 30, line 2, leave out clause 26.

Government amendments 46 and 47.

Amendment 11, in clause 28, page 32, line 1, leave out paragraph (a).

This is a paving amendment for Amendment 9.

Amendment 150, in clause 28, page 32, line 4, at end insert—

‘(2) This section and Schedule 3 will have effect notwithstanding—

(a) the Human Rights Act 1998;

(b) the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom, including any Protocol to that Convention;

(c) EU derived law and case law retained under sections 2 to 7 of the European Union (Withdrawal) Act 2018; and

(d) the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and its Protocol.

(3) No law or requirement identified in subsection (2) shall affect the interpretation or application of any provision of this section, including restrictions on the actions or policies of public authorities.’

This amendment is to ensure that the provisions in clause 28 and Schedule 3 are not open to judicial interpretation or disapplication under the measures listed in subsection (2).

Amendment 144, page 33, line 21, leave out clause 31.

Amendment 147, in clause 32, page 34, line 24, leave out subsections (2) to (4).

Government amendments 48 to 50.

Amendment 115, in clause 39, page 38, leave out lines 15 to 23.

This amendment would remove certain criminal offences relating to entering and arriving in the UK.

Government amendment 51.

Amendment 102, in clause 39, page 38, leave out lines 19 to 23.

This would give effect to the recommendation of the Joint Committee on Human Rights to prevent ‘arrival’ in the United Kingdom without a valid entry clearance, rather than ‘entry’ into the United Kingdom without a valid entry clearance, becoming an offence.

Government amendments 52 and 53.

Amendment 116, in clause 39, page 39, line 9, at end insert—

‘(F2) No criminal offence is committed under subsections (B1) to (D1) where a person enters or arrives in the United Kingdom for the purposes of making a claim for asylum or humanitarian protection, if the person is one of the following—

(a) an Afghan national who is a refugee because they face a risk of persecution in Afghanistan; a Syrian national who is a refugee because they face a risk of persecution in Syria; a Uighur who is a refugee because they face a risk of persecution in China;

(b) a Christian convert who is a refugee because they face a risk of persecution in their country of nationality; or

(c) other persons who are in need of international protection; or who are refugees because they are outside of their country of nationality for fear of persecution for a Convention reason as set out in article 1 of the Refugee Convention.’

Clause 39 as drafted would involve the criminalisation of the arrival and entry of asylum seekers and refugees with an offence subject to up to four years imprisonment. This amendment would prevent this from happening.

Government amendments 54 and 55.

Amendment 103, in clause 39, page 39, line 30, leave out subsection (4).

This would give effect to the recommendation of the Joint Committee on Human Rights to prevent the offence of facilitating a breach of immigration law being extended to include facilitating ‘arrival’ in the United Kingdom without a valid entry clearance in addition to facilitating ‘entry’ into the United Kingdom without a valid entry clearance.

Government amendments 56 to 59.

Amendment 104, in clause 39, page 40, line 2, at end insert—

‘(10) In section 31(3) of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention), after paragraph (aa) insert—

“(ab) section 24 of the Immigration Act 1971 (illegal entry and similar offences)”.’

This would give effect to the recommendation of the Joint Committee on Human Rights to extend the statutory defence based on Article 31 of the Refugee Convention to offences of illegal entry under section 24 of the Immigration Act 1971.

Government amendments 60 and 61.

Amendment 105, in clause 40, page 40, line 7, leave out subsection (2).

This would give effect to the recommendation of the Joint Committee on Human Rights to maintain the current position that the offence of helping an asylum seeker to enter the United Kingdom can only be committed if it is carried out “for gain”.

Government amendments 62 and 63.

Amendment 1, in clause 40, page 40, line 8, at end insert—

‘(3) In section 25A(3) of the Immigration Act 1971 (helping asylum seeker to enter United Kingdom), for paragraph (a) substitute—

“(a) aims to—

(i) protect lives at sea, or

(ii) assist asylum-seekers; and”’.

This amendment would add people working on behalf of organisations that aim to protect lives at sea to those who are exempt for prosecution for helping someone seeking asylum to enter the UK, as long as those organisations do not charge for their service.

Amendment 106, in clause 45, page 43, line 12, at end insert—

‘(6B) Nothing in this section, or in sections 10A to 10E, permits a person to be removed from the United Kingdom if that removal would violate their common law right to access justice.’

This would give effect to the recommendation of the Joint Committee on Human Rights to make clear that the regime for providing notice to persons liable to removal remains subject to the common law right to access justice, which in the asylum context is mirrored by Article 13 ECHR.

Amendment 107, page 49, line 3, leave out clause 47.

This would give effect to the recommendation of the Joint Committee on Human Rights to prevent it being compulsory for decision makers and tribunals to take into account whether a person has failed to cooperate with any immigration process when making decisions on immigration bail.

Amendment 122, in clause 48, page 49, line 34, leave out

“has insufficient evidence to be sure of their age”

and insert

“has reason to doubt that the claimant is the age they claim”.

This amendment to Clause 48(1) would align primary legislation to current practice as set out in statutory guidance to ensure children are not subjected to age assessments if there is no significant reason to doubt their age.

Amendment 123, in clause 49, page 51, line 9, leave out “must” and replace with “may”.

Amendment 124, in clause 49, page 51, line 17, leave out subsections (4) to (8).

Amendment 125, page 52, line 1, leave out clause 50.

Amendment 126, page 52, line 22, leave out clause 51.

Amendment 13, in clause 71, page 69, line 38, at end insert—

“(c) the individual is travelling to Northern Ireland on a local journey from the Republic of Ireland.”

Under this amendment, persons who are neither British nor Irish would nevertheless be able to make local journeys from the Republic of Ireland to Northern Ireland without the need for an Electronic Travel Authorisation.

Government amendments 91 to 93.

Amendment 9, in schedule 3, page 82, line 36, leave out paragraphs 1 and 2.

This amendment leaves out paragraphs 1 and 2 of Schedule 3 to the Bill, which would amend section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending).

Amendment 10, in schedule 3, page 84, line 2, leave out paragraph 4.

This amendment is consequential on Amendment 9.

Government amendments 94 and 95.

Amendment 96, in schedule 6, page 95, line 25, at end insert—

‘(4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part A1 powers in relation to the ship.’

This would give effect to the recommendation of the Joint Committee on Human Rights to follow the drafting in the equivalent paragraphs of sections 28M, 28N and 28O of the Immigration Act, and ensure that enforcement action complies with international maritime law, similar to other enforcement action under Schedule 4A to the Immigration Act 11.

Amendment 97, in schedule 6, page 98, leave out lines 6 to 11 and insert—

“(a) every description of vessel (including a hovercraft) used in navigation, but

(b) does not include any vessel that is not seaworthy or where there could otherwise be a risk to the safety of life and well-being of those onboard.”

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure that enforcement action such as pushbacks could not be taken against unseaworthy vessels such as dinghies.

Amendment 98, in schedule 6, page 98, line 20, at end insert—

‘(1A) The powers set out in this Part of this Schedule must not be used in a manner or in circumstances that could endanger life at sea.’

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure the maritime enforcement powers cannot be used in a manner that would endanger lives at sea.

Amendment 113, in schedule 6, page 99, line 37, at end insert—

‘(13) Nothing within this Act or this paragraph B1 authorises any action or measure which is inconsistent with the United Kingdom’s international legal obligations.’

This amendment seeks to ensure the consistency of Part A1 paragraph B1 (power to stop, board, divert and detain) with the United Kingdom’s international obligations, including under international refugee law, international human rights law and international maritime law.

Amendment 99, in schedule 6, page 102, line 31, at end insert—

‘(2) Force must not be used in a manner or in circumstances that could endanger life at sea.’

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure that the use of force in maritime enforcement powers cannot be used in a manner that would endanger lives at sea.

Amendment 4, in schedule 6, page 102, leave out lines 35 to 40.

This amendment would remove the provision granting immigration and enforcement officers immunity from civil or criminal liability for anything done in the performance of their functions.

Amendment 100, in schedule 6, page 102, line 36, leave out “criminal or”.

This would give effect to the recommendation of the Joint Committee on Human Rights to remove the immunity from criminal proceedings for “relevant officers” for criminal offences committed whilst undertaking pushbacks or other maritime enforcement operations.

Amendment 101, in schedule 6, page 102, line 36, leave out lines 36 to 40 and insert—

“J1 The Home Office, rather than an individual officer, is liable in civil proceedings for anything done in the purported performance of functions under this Part of this Schedule.”

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure that the Home Office is liable, rather than immigration officers and enforcement officers being personally liable for civil wrongs that may occur whilst undertaking pushbacks or other maritime enforcement operations.

[Tom Pursglove]

I am conscious of the wide interest in a significant number of these amendments, so I will predominantly focus my remarks on the Government amendments in this first instance and address other matters in the wind-up.

Our asylum system must not reward those who enter the UK illegally from manifestly safe countries where they cannot possibly still be fleeing persecution and fear. People must claim asylum in the first safe country they come to, and making a secondary and unnecessary move to the UK puts lives needlessly in danger while pushing aside other vulnerable people, including women and children.

We must break the criminal networks that facilitate illegal immigration and exploit people. People who come to our shores illegally will be treated differently. Although we cannot resettle everyone who needs sanctuary, the large numbers we resettle in the UK will be made very welcome. We will be fair but firm in how we continue to embark on this landmark reform of our asylum system.

New clause 20 is a minor, technical amendment that will ensure a small number of references to justices of the peace in immigration legislation in the context of obtaining entry and search warrants in Northern Ireland instead become references to lay magistrates. This is a simple measure that tidies up the statute book.

Channel Crossings in Small Boats

Nigel Evans Excerpts

Monday 22nd November 2021 Commons Chamber

[Priti Patel]

I disagree with the hon. Gentleman’s overall tone. This is a lively debate for a range of reasons, and there are very serious and important issues at stake. The Government are very clear on moral obligations, humanitarian commitments, standing by the refugee convention, international treaties, and working with the right multilateral agencies to provide help and support to those fleeing persecution. We stand by that. I have said many, many times over the course of the last couple of hours that that is work we are doing and will continue to do. There are 80 million people around the world who are displaced or fleeing their own countries for a wide range of reasons, but there is an important point to make. The United Kingdom cannot accommodate everyone, which is why the international community also needs to do much more in terms of safe and legal routes—we are working internationally on that—and why we are bringing in long-term reforms.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the Home Secretary for responding to questions for almost an hour and 10 minutes.

Nationality and Borders Bill

Nigel Evans Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. The wind-ups will begin at 6.36 pm, and by my reckoning, because there were two late additions who are not on the call list, there are nine Members wishing to get in. This being the final day of a two-day debate, it would be good to get everyone in, would it not? However, I do not want to put the Clerk through the trauma of yet another time change, so if every speaker takes about five minutes—[Interruption.] Too late! If every speaker takes about five minutes, everyone will get in, so please, will everyone play ball?

--- Later in debate ---

[Jim Shannon]

I thank the hon. Lady for her intervention. I agree with her.

The Minister knows that I have been a great supporter of the Syrian resettlement scheme throughout. I was glad whenever we were able to send people to Newtonards town and families were able to relocate. The Government bodies and the Churches that were there brought communities together to help. Those people are well settled today. None of them want to go home. Their home is now Newtonards in my constituency. Will there be more opportunities through the Syrian resettlement scheme? If there are, I believe we can produce a safe haven in Strangford and across the whole of the United Kingdom of Great Britain and Northern Ireland.

The world is a dangerous place. People are persecuted because of their religious views. Their human rights are abused. I would like to think that the United Kingdom has a reputation for being a generous country, and part of that lies with having a fair and efficient asylum process for those who need it. Recent stats show that in the year ending March 2021 the UK received 26,903 asylum applications, meaning that possibly that number of people needed a better life with better choices and better opportunities. There has been a lack of direction in the past number of years regarding the position of asylum seekers, meaning that people are left in disarray, unable to seek work or resettle. I want to see that system improved in the future; access to the UK asylum system should be based on need, not ability to pay people smugglers, to whom other hon. Members have referred.

Detention Action—a charity that dedicates much time to ensuring fairness for asylum seekers—has used a great slogan to describe the situation. It says:

“It is political will—rather than legislation—”.

That is wholeheartedly accurate. Welfare should be at the core of legislation. In 2019, 24,400 people entered immigration detention in the UK—the lowest figure since 2009. However, I am not classifying that figure as necessarily low.

Another major issue surrounding the Bill is that young children are being placed in immigration detention. I made that point to the Secretary of State yesterday. I make it again today because it is a key issue for me and where I am. I want to see young children getting opportunities. They are often separated from their parents and family members. They come here and are sent straight into detention. The Secretary of State mentioned it yesterday, and I very much look forward to seeing changes on that. I wish to see legislation to protect children, particularly those who are fleeing persecution.

The Government have stated that they will support victims of modern slavery. What they have said so far is good news, and it is important that we have on record where we are on that. The Government have also stated that they wish to give people the opportunity to come here if they are under any distress in other countries. While asylum seeking is something that we should take seriously, illegal immigration also needs to be taken into consideration when discussing the Bill. In the year 2020-21 alone—I conclude with this comment, Mr Deputy Speaker, ever mindful of your request about time—3,500 people are said to have crossed the Channel to enter the UK illegally to work and live without the correct documentation. Both issues need to be given the same importance, and I urge the Minister to shed some light on the steps that he will be taking to address both. A humane approach must be used when discussing such a sensitive issue. Individuals should not be criminalised for seeking asylum. A sustainable system needs to be in place for those who want to enter the UK and can legally do so. There should not be a prolonged process. More important, asylum seekers should not be mistreated.

I call on the Home Office and the Minister to provide the necessary assurance that the United Kingdom can and will deliver a trustworthy haven for those who seek asylum. I wish to see in the legislation that we give protection for those overseas who are persecuted because of their religion and whose human rights are abused.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank Mr Shannon for his co-operation, but the Clerk informs me that trauma management is one of his specialities, so we have decided to introduce a five-minute limit, which means that we will now get everyone in. I will call Peter Gibson next. If you do not mind, Peter, could you stick to that limit?

--- Later in debate ---

[Paul Bristow (Peterborough) (Con)]

It is an honour to follow my hon. Friend the Member for North Norfolk (Duncan Baker).

I will tell the House a little story, if I may. When I was listening to the debate yesterday, I was particularly taken by the contribution of my hon. Friend the Member for Ashfield (Lee Anderson). He talked about Janis Bite from Latvia and his experience of being conscripted by the Nazis during world war two, fighting on the Russian front and, ultimately, coming to the UK as a refugee.

I have a similar story, featuring Anton Petela—lovingly known as “Gido”. He was my wife’s grandfather, and he was a gardener in Ukraine. Like Janis, he was conscripted by the Nazis and forced to fight a war on the Russian front. It was a dreadful experience in unimaginable conditions, and he suffered the horrors of war. He could not return, because he would have been either executed or exiled, and he came as a refugee to Britain. He joined the bomb squad, fell in love and started a family. I am not sure how he would feel about his granddaughter marrying a Conservative MP, but he was always grateful for the chance to start a new life here in the UK.

Gido and his family did not see a cruel and heartless country. We have nothing to be ashamed of; we are a kind, tolerant and welcoming country. Nothing evidences that more than the city of Peterborough, a caring and special city. Peterborough is the home of many different communities—people from all over the world, who quite often started their life here as refugees. I pay tribute to Moez Nathu from the Peterborough Asylum and Refugee Community Association, who does brilliant work advocating for refugees in my city.

My inbox and constituency mailbag are regularly filled with asylum cases, and of course my team do their very best to help. They regularly deal with asylum and wider immigration claims that have been ongoing for 15 or 16 years. Endless legal processes and appeals, lawyers and professionals have made things very complicated and difficult, and there have been many heart-breaking phone calls and meetings with those going through this. Empathy and compassion are skills that MPs should have, but nothing prepared me for the sheer weight of numbers my office would encounter when I took this job. Some of my team are even going through legal training on asylum and immigration—something they are very happy to do, but not something they expected to do when they applied to work in an MP’s constituency office.

Opposition Members have shouted and made passionate speeches, throwing around accusations of racism and a lack of compassion. I just find that offensive. They are talking to committed Conservative activists and constituency staff—my constituency staff—who are comforting those trapped in this endless and unfair system. They are talking about decent people—Christians, Muslims; compassionate people—who are trying to make sense of a nonsensical system. There is nothing kind about throwing people into this appeals system for years on end, and our work in Peterborough makes the case for reform much more clearly than shouty speeches from the Opposition Benches.

I must say that the right hon. Member for Hayes and Harlington (John McDonnell) made a typically insulting speech, suggesting that Members on the Government side of the House are far-right. The right hon. Member does not own compassion on this issue. The left do not have a monopoly on empathy. We need a much quicker and much fairer asylum system, and I know that those who work on asylum and advocacy in my constituency would agree with me. We need to prioritise those in need of protection while stopping the abuse of the system.

In the few seconds I have left, I want to make this point, because I fear that something very shocking is about to happen if we are not careful. The English channel is the busiest shipping route in the world. Over 600 cargo ships use it. It is a dangerous sea crossing. If we are not careful, and if we do not do something, we are going to see dead bodies floating in the English channel. A compassionate Government would do something about that, and that is what we have here today—a solution to that problem. I know that Anton Petela and the people of Peterborough have one thing in common: they want to see a fair, empathetic and compassionate asylum system, and that is what this Bill will deliver.

[Mr Deputy Speaker (Mr Nigel Evans)]

There are 13 minutes before the wind-ups and there are three speakers left, so if you all speak for a shade under five minutes, you will all get roughly the same.

--- Later in debate ---

[Andrew Jones (Harrogate and Knaresborough) (Con)]

Thank you, Mr Deputy Speaker, for working so hard to get all colleagues in.

The issue of our borders has always attracted attention and the strongest feelings both here in the House and across the country. Judging by my inbox, there are some actions that my constituents want to see taken very promptly. The first is to ensure that safe routes to come here are the primary routes to come here, and that means making them more attractive and it means making the unsafe routes less attractive. What does that mean in policy terms? Well, we can see from the Bill that it means improving support for refugees to help them build their lives in the UK with an enhanced integration package when they come here. It means tackling the process so that it works much better. The speed of processing claims is absolutely woeful. All of us, I am sure, have dealt with difficult cases in our constituency casework of people who have been in the system in limbo for years. It is inhumane, not fair at all, and it needs to be speeded up.

We also have to tackle the illegal route by making the unsafe route less attractive, and that means tackling the evil of people traffickers. This is organised crime, and these are peddlers of misery. My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) spoke powerfully about how people had died during this process. Improving judges’ sentencing options to include life sentences is a welcome step forward. There are huge links between people trafficking and modern slavery. The hon. Member for East Lothian (Kenny MacAskill) spoke about the links with the sex trade, but it is not just that. There are all sorts of other parts of our economy where modern slavery is an evil. Other measures in the Bill will prove attractive as well, such as the speedier removal of foreign criminals.

Overall we have a system that is broken. That has been fairly clear from comments across the House throughout the two days. It is less clear what the Opposition parties would do about it. They have been keen to use blood-curdling language to criticise those who may take different views, but I am absolutely sure that the Government are right to look for a better system, to promote the legal over the illegal, to focus on need, to tackle organised crime and to support people better when they get here. I want to see a continued focus on the resettlement scheme, tackling the most vulnerable parts of the world’s conflicts and bringing people here from those regions. I am sure all of us want to see support for those fleeing persecution, and I will—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am sorry, Andrew, we have to leave it there.

--- Later in debate ---

[Chris Philp]

Where somebody claims to be, or says they are, under 18, if there is any doubt, there is already a system—and in future there will be a better and more rigorous system—for properly assessing someone’s actual age. There are risks in both directions. If we wrongly assess someone to be over 18 there is a risk, but equally there are risks in the other direction, and it is time those risks were recognised.

On modern slavery, I pay tribute to the work done by my right hon. Friends the Members for Maidenhead (Mrs May) and for Chingford and Woodford Green (Sir Iain Duncan Smith). The Bill will ensure that we identify genuine victims of modern slavery and avoid unmeritorious claims that are designed to delay removal or deportation. Where someone is a genuine victim, we will ensure that they are properly looked after. This policy will make it clear for the first time in legislation that confirmed victims with recovery needs stemming from their exploitation will be entitled to a grant of leave, where that is necessary to assist them in their recovery, or to assist a prosecution. We hope that by encouraging people to bring their claims upfront in one go, asylum claims and matters involving modern slavery and human rights will be identified early and properly, and that we avoid some of the abuses that we have unfortunately seen all too often.

Some Members raised questions about detention, claiming that it was indefinite. That is not the case. We do not have indefinite detention, and 75% of people spend less than a month in detention prior to removal. The Hardial Singh case law principles mean that someone cannot be detained if there is no reasonable prospect of removal. There are frequent opportunities to apply for immigration bail, in addition to the protections afforded by article 5 of the ECHR. On the Dubs amendment that we have seen in the past, we prefer to prioritise, not people who are in safe European countries, but those who are in dangerous places.

The public expect us to look after those in genuine need. We will do so, but the public also expect us to protect our borders from illegal immigration and to promptly remove those with no right to be here. The Bill delivers those objectives. When the Labour party votes against it in a few minutes, it is voting against border control, and against removing dangerous foreign criminals who pose a threat to our constituents. The Labour party may not be prepared to protect our borders, but the Government are. I commend the Bill to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

I am anticipating two votes. Even though we have relaxed the regulations, I still urge Members to show due caution in giving safe distancing to their colleagues.

Question put, That the amendment be made.

Nationality and Borders Bill

Nigel Evans Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

Second Reading

[Mr Deputy Speaker (Mr Nigel Evans)]

I have to report that the reasoned amendment in the name of the Leader of the Opposition has been selected.

5.55 pm

[The Secretary of State for the Home Department (Priti Patel)]

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

The British people have had enough of open borders and uncontrolled immigration; enough of a failed asylum system that costs the taxpayer more than £1 billion a year; enough of dinghies arriving illegally on our shores, directed by organised crime gangs; enough of people drowning on these dangerous, illegal and unnecessary journeys; enough of people being trafficked and sold into modern slavery; enough of economic migrants pretending to be genuine refugees; enough of adults pretending to be children to claim asylum; enough of people trying to gain entry illegally ahead of those who play by the rules; enough of foreign criminals, including murderers and rapists, who abuse our laws and then game the system so that we cannot remove them.

Licences and Licensing

Nigel Evans Excerpts

Thursday 8th July 2021 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I apologise for the hoarseness of my voice, but this is what happens when you shout at a television for however long it was. It seemed like an eternity, but it was well worth a shout. I shall be doing exactly the same on Sunday.

I call Victoria Atkins to move the motion.

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I beg to move,

That the draft Licensing Act 2003 (2020 UEFA European Championship Licensing Hours) Order 2021, which was laid before this House on 7 July, be approved.

It is somehow fitting that you are in the Chair for this particular statutory instrument, Mr Deputy Speaker, because I suspect it may be the most popular statutory instrument of my entire career. It will enable pubs, restaurants and hostelries around the country to roll out the barrel and welcome in fans, friends and families to cheer on our great team. These regulations enable them to stay open until 11.15 pm on Sunday. We have tried to give enough time for extra time, to ensure that fans can celebrate wholeheartedly.

The technical description in the Licensing Act 2003 is that we can extend hours for occasions that have

“exceptional international, national, or local significance”.

I believe all three of those boxes are ticked. Just to give an indication of how much that might mean for our publicans across the country, the British Beer and Pub Association has estimated that 50,000 pints were sold each minute last night, which on my very quick reckoning means an extra two and a quarter million pints in the 45 minutes that we are going to be introducing. [Interruption.] Mr Deputy Speaker has just said that most of that was him—I wanted to make sure I got that in Hansard.

In conclusion, will you allow me, Mr Deputy Speaker, to mangle the words of our greatest wordsmith, William Shakespeare, in “Henry V”? The game’s afoot: Follow your spirit; and upon this charge, Cry, “God for Harry, England and Saint Gareth!”—I mean Saint George.

[Mr Deputy Speaker (Mr Nigel Evans)]

I don’t think we are going to expect a Division on this, are we? I think this will be the most popular motion the Minister has ever moved.

--- Later in debate ---

[Victoria Atkins]

It gives me great pleasure to respond to the hon. Gentleman. I am sorry that he is not here in person, but he has been causing those on the Government Benches chuckle away at his many comments. First, I am happy to confirm that the police, the National Police Chiefs’ Council, the Local Government Association and the British Beer and Pub Association have been working, alongside UKHospitality, to develop guidance for licensees screening the tournament, very much to help venues make sure that we all end up having a great time on Sunday and celebrating, we hope, together in a safe way. On his other comments, I am going to leave it to his imagination as to whether or not I agree with him on certain points, but I would say that as a mum of a very excited nine-year-old last night I know that mums and dads across the country will be trying to contain young children, as well as perhaps those of an older age, on Sunday night to ensure that we all have a great time. The team were a superb example of sportsmanship and talent last night. They are an absolute credit to our country and we will all be willing them on, whether we are in the pub or not, on Sunday night.

[Mr Deputy Speaker (Mr Nigel Evans)]

Rather similar to Conor McGinn, this proud Welshman was wearing an England T-shirt last night, cheering on Harry and the team, and consuming some of the beer. As honorary president of the all-party group on beer, I declare an interest there. This proud Welshman will also be at Wembley on Sunday, with my England T-shirt, cheering them on to victory.

Question put and agreed to.

[Mr Deputy Speaker]

We will suspend very briefly, just for the sanitisation of the Government Dispatch Box.

EU Settlement Scheme

Nigel Evans Excerpts

Wednesday 7th July 2021 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

We are now seamlessly moving on to the next debate, the second Opposition day motion on the EU settlement scheme. I inform the House that Mr Speaker has not selected amendment (a) in the name of Wendy Chamberlain. I call Stuart C. McDonald to move the motion.

--- Later in debate ---

[Stuart C. McDonald]

I think the hon. Gentleman makes an absolutely fair point, but as I say, there are many different ways we could do this, and all I ask is that people engage with these ideas, rather than just dismiss them out of hand. At the very least, the Government should think again about the remote areas pilot scheme recommended by the Migration Advisory Committee, which the Government just promptly ditched without any sort of explanation at all, otherwise it will be clear that there is no prospect of Scotland having any real influence over these vital powers while it is part of the UK.

In the meantime, I believe we all want to protect EU citizens. We have offered our proposals. We believe that the status quo is fraught with a million problems. There needs to be action and significant changes if protection of EU citizens is to be a reality.

[Mr Deputy Speaker (Mr Nigel Evans)]

While there will not be a time limit to begin with, that is clearly open to review if people go wildly over five or six minutes in their contributions, depending on how long we take on the opening speeches.

Windrush Day 2021

Nigel Evans Excerpts

Thursday 1st July 2021 Commons Chamber

[Helen Hayes]

I extend my thanks to every right hon. and hon. Member who has spoken in today’s debate. It has been a celebration of the Windrush generation and we have heard again the inspirational stories of people such as Lydia Simmons of Slough, the first black person to be elected mayor in this country. However, much of this debate has rightly been focused on the injustices that so many of the Windrush generation continue to face, the inadequacy of the Government’s response and the work still to do. I welcome, in particular, the contributions of the Father of the House, the hon. Member for Worthing West (Sir Peter Bottomley), and of the hon. Member for Wycombe (Mr Baker), who both acknowledged the shameful, painful reality of racism still experienced today, and I hope the Minister took heed of their remarks. My hon. Friend the Member for Streatham (Bell Ribeiro-Addy) mentioned the important work of the Windrush Foundation and its chair Arthur Torrington, and I want to add my support, as I have done many times in this Chamber and in correspondence, to the calls for the national Windrush monument to be located in its rightful place in Windrush Square in Brixton, not at Waterloo station.

Disappointingly, the Minister refused to accept the need for the Windrush scheme to be independently administered. That is tone deaf to the experiences of many who have had to make a claim and completely ignores what victims of the Windrush scandal have said about the re-traumatising effects of having to engage with the same organisation that perpetrated the injustice from which they are seeking redress. I hope that when we celebrate Windrush Day 2022 we will be able to acknowledge meaningful progress in delivering justice for the Windrush generation and ending racism and racial inequality in this country. But there is much more to do and many of us will continue to fight for it.

Question put and agreed to.

Resolved,

That this House has considered Windrush Day 2021.

[Mr Deputy Speaker (Mr Nigel Evans)]

I will suspend the House in a moment, but I just want to say, as we go on to the next debate, when Rosie Winterton will be taking over from me, that I am really proud that we have more openly gay LGBT+ Members of Parliament in this Parliament than any other Parliament in the world. We have fought and won many battles—we still have a bit to go—but when I look around the rest of the world and see so many people living in persecution, with stigma and in fear, I know that we also have a battle to fight for them as well. We have a very important debate to come, but we will now suspend for three minutes.

Misuse of Drugs Act

Nigel Evans Excerpts

Thursday 17th June 2021 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

This is a very important debate and we have another important debate following. I will not introduce a time limit at this juncture, but I ask Members making contributions to be mindful of the length of those contributions in order that we can get everybody in.

--- Later in debate ---

[Tommy Sheppard]

I will come on to look at that concept and drug consumption in a minute, but what I am talking about is the fact that people have no ability to come to a health professional and say, “What is this?” They have no ability to ask for clean needles, because these actions are prohibited under the 1971 Act and the schedules to it.

The third thing, which has already been remarked upon, is that the Act stigmatises, big time, those who use drugs and puts them in a position where they are unlikely, because of social opprobrium, to ask for help. We surely need to have a review and a fresh think about a problem that is so manifestly out of control and where the existing legislation is so manifestly unable to provide any assistance.

I always like to try to see the other side of the argument, so I want to ask: why are people resistant to review? Why do they want to hold on to things as they are? I can only conclude that it is because they fear the consequences of decriminalisation or of changing the law. They must somehow think that if we were to do that, we would open the floodgates and unleash supply into communities where there are not already drugs, and that many more millions of people would get caught up in the problem, because we would not have the criminal mechanisms that we have at the minute. I say to any colleagues who think that: wake up and see what is happening on the streets of your constituencies.

Those colleagues should come with me to any medium-sized town in this country, stand in a bar and make their intentions known as to what they would like. Within one hour they will be offered any drug of their choice. If they do not want the personal contact, they could order in advance. If they go on the internet, they will find a mobile phone number on which, through the county lines network, they can order whatever they want and it will be delivered to their door. Sometimes people will even get a customer service message asking for feedback on the supply. That is the extent of what we have at the moment.

It is just fantasy to suggest that there are loads of people out there who are somehow prevented from getting into drugs by the Misuse of Drugs Act 1971. That is not the case, so we surely need to have a grown-up conversation about what we should do given that potentially a third of our citizens could be made criminals by legislation that is so manifestly unfit for purpose.

I hope that the Home Office and Ministers can begin that process of review with an open mind, rather than just defending the status quo. They should be prepared to look at an evidence-based approach, drawing on international comparisons, and to try to work up a better system that is grounded in protecting public health and wellbeing, rather than trying to criminalise behaviour. I and my party would support—I think there would be support in all parts of the House—any bold Minister who wanted to take that initiative and begin that dialogue. I am not saying prescriptively what should be in such a review; I am not saying how it should be done. I simply want to have the dialogue, the discussion and the debate, because too many people are dying for us not to do so.

While we are doing that, there are some things that ought to be done immediately. I want to turn for a moment to the question of drug consumption rooms—probably better called overdose prevention centres. These are medical facilities, and I have been in them and seen them working in Portugal, Germany and Canada. These are medical facilities where someone can use their own drugs under medical supervision. Such places are not going to make the overall problem any better; what they do is drive a focus into the very sharp end of the problem—the point at which people are dying.

At the moment, people do not voluntarily overdose because they are fed up with life and want to commit suicide. That is not the case at all. People are taking substances and they do not even know what is in them. Sometimes these substances contain a lethal concoction which is much, much stronger than they thought it was going to be. Because it is all criminal activity, it has to be done behind closed doors. It is not something that someone does in the open. By the time someone realises they have a problem—by the time they cannot breathe, they have a heart attack or they need medical help—it is too late to call for assistance. For the limited number of people in those circumstances, being able to satisfy their immediate addiction under medical supervision would literally be a lifesaver. That is what happens in other countries.

It is blindingly obvious that we ought to try to consider having such places here, but the law forbids it. Even pending a change in the law, by regulation the Home Office should allow pilot centres to emerge so that we can see for ourselves whether they would work here. After all, what is there to lose? There is nothing to lose and everything to gain—there are lives to gain.

This idea does not stop people using drugs; it does not get rid of the problem; it does not make people get their life back together; it does not get people the medical help or social services help that they might need; it does not get them a job if they have not got one—of course it does not, but it keeps them alive long enough so that those interventions can take place further down the line. We cannot give help to a dead person, and that is why it is so vital that we have a sensible discussion about drug consumption rooms and supervised facilities. The Scottish Government stand ready and have been pressing the Home Office to allow them to go ahead and do that in Glasgow, which brings me to my final point; I know you did not want people to go on too long, Mr Deputy Speaker, so this will be my final point.

We have a bit of a disjuncture in the interrelationship between the devolution of political authority and Administrative action in the United Kingdom and this particular problem, in that the whole criminal framework—the 1971 Act and others—is a reserved matter for Westminster, which sets the problem, if you like, but dealing with the consequences of that, including the health and social care and the economic fall-out from that policy, is a matter for the devolved Administrations. Without getting into the arguments about Scottish independence or whatever, it seems to me a matter of ultimate sense and grown-up policy to have the same part of government responsible for the regulation as is responsible for mopping up the consequences of the problem. That is why, when the time comes, we need to urgently look at devolution of the controls currently in place in the ’71 Act, and whatever replaces it, to the devolved Administrations, and to locate them within a health and social care context, which is already devolved.

In advance of that, I have spoken with the Minister several times on this matter, and I trust that he is thoughtful about it. I think he is prepared to consider other points of view and evidence, but I think he feels himself mightily constrained by tradition, convention and, perhaps, political pressure elsewhere. However, he has now received a letter from the Drugs Policy Minister in Scotland, Angela Constance, asking for a four nations summit to consider, among other things, establishing pilots of these types of medical facilities. I hope very much that he will today confirm that his reaction to that is positive and that, if we cannot change things overnight across the whole UK, he is prepared to let us employ the apparatus of devolution to allow one part of the UK to go beyond where other parts are perhaps willing to go at the minute and to collate the evidence to point a way to the future, which could then lead to best practice being adopted throughout.

We have a responsibility not to continue to stick our heads in the sand on this matter; there has been a collective exercise of ignoring the blindingly obvious for far too long. We are not voting on this today, but I appeal to colleagues to do what they can through the various structures of this place and within their political parties—this matter should not divide us on party grounds—to consider why we need a review after this half-century and why things are so clearly wrong that we must do something. We cannot continue to stick our heads in the sand and pretend that things are okay. Now, 50 years after the passage of the Act, is the time to admit that it is not working and to do better. The citizens of this country deserve that.

[Mr Deputy Speaker (Mr Nigel Evans)]

I ask every Member to focus on not speaking for more than five minutes, if they could. I will not put a time limit on yet, but I may be forced to in order to protect other business.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

I am afraid that I am going to have to introduce a time limit of five minutes, which is still fairly generous compared with what a number of Back Benchers are used to. The next speaker is Adam Holloway. Sorry, Adam, but I know that you are a seasoned contributor and will be able to do it within five minutes.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

Thank you for your co-operation, Adam; I am really grateful.

[Ronnie Cowan (Inverclyde) (SNP) [V]]

The stated purpose of the Misuse of Drugs Act 1971 is to prevent the misuse of controlled drugs. By any measurement that we wish to employ, the Act has failed. The fact that it has been allowed to fail for 50 years is an abomination. As was stated, we have gone from fewer than 100 deaths in 1971 to more than 5,000 in 2020. The legislation is flawed and the job we are asking the law enforcement agencies to do is impossible. The legislation is flawed and the job we are asking the law enforcement agencies to do is impossible. The fallout is picked up by the NHS and many, many third sector organisations.

A lot has changed since 1971. Asbestos is no longer a popular building material. Women can no longer be fired for being pregnant. In many situations we have moved forward with the times, but on drugs policy we are firmly entrenched in the past. When we changed our drug policy in 1971, we junked the British system in favour of the misguided policy of Richard Nixon’s America. The result has been an increase in crime, an increase in corruption, an increase in harm, and an increase in the number of drug-related deaths. This involves our communities being subjected to violent crime, vicious turf wars, and the corruption of the young and often vulnerable members of society. We cannot and never will be able to arrest our way out of a drugs war. Substances that were once legal are now made by criminals with scant regard for consumer safety. They are often cut with other products and potency cannot be guaranteed. As a result, many young people have died experimenting with drugs. One tablet—one tablet—is all it takes and a life can be lost because drugs are not regulated.

Other countries are not inflicted by this paralysis. They have decriminalised and legalised drugs. They have drug consumption rooms. They have diversion schemes. I visited Portugal and Catalonia to see what they are doing and it works. It saves lives and it rehabilitates. Theirs are humane schemes because they treat drug addiction and harm as a health issue, not a criminal justice issue. They are creating an environment where people are not marginalised and ostracised. As a result, they are not experiencing prejudice because of their health issue. That can only happen when there is a change of mindset that facilitates the provision of services. We need to waken up to the reality that the policies we are pursuing are not doing any good and, in some cases, are actually making the situation worse. Recent evidence from Canada, as quoted in the Scottish Affairs Committee’s drugs and crime report, showed overdose prevention centres in British Columbia alone saved between 160 and 350 lives in 20 months. Yet the UK Government’s attitude is that the establishment of drug consumption rooms would condone drug use.

This lack of empathy and refusal to bow to evidence makes me wonder if the UK Home Office thinks that the life of a drug addict is a life not worth saving. Neither the Home Office nor the Department of Health and Social Care has provided any evidence to contradict the findings of numerous reviews, including by the European Monitoring Centre on Drugs and Drug Addiction and the ACMD, which said that such facilities have not been found to increase injecting drug use or local crime rates. Listen to the United Nations executive board chaired by the UN Secretary-General and representing 31 UN agencies, including the World Health Organisation and the United Nations Office on Drugs and Crime. They have called on member states to promote alternatives to conviction and punishment in appropriate cases, including the decriminalisation of drug possession for personal use.

Minister, please drop the coming-down-hard-on-criminals rhetoric. It may sound good, but it does not work today and it has not worked for 50 years. It is time to end the war on drugs and start the war on the causes of addiction. And please engage with Scotland’s Minister for Drugs Policy, Angela Constance. Help her to remove obstacles, so we can have a more progressive and more effective drugs policy, one that has health at its core.

[Mr Deputy Speaker (Mr Nigel Evans)]

Thank you very much, Ronnie. I am sorry you couldn’t have the timing clock visible, but my goodness me you did finish within the five minutes, so thank you very much.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

The timing clock should now be visible on video connections.

Antisocial Behaviour (Vehicles)

Nigel Evans Excerpts

Monday 14th June 2021 Commons Chamber

[Elliot Colburn]

I am happy to correct the hon. Lady. I asked for the meeting to take place, and it was actually the Liberal Democrat ward councillor who blocked me from attending, so I am afraid she has been given incorrect information. But that proves the point I was going on to: only the police have bothered to engage with me properly on this issue; the councils have been engaged in politicking and game playing, and residents are suffering as a result, because the Lib Dem council is unwilling to work with the Conservative MP.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Under Standing Orders, we have to adjourn the House again. Then you can resume from where you left off. I promise you do not have to start again.

Domestic Abuse Bill

Nigel Evans Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

Consideration of Lords amendments

[Mr Deputy Speaker (Mr Nigel Evans)]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendments 41 and 43. If the Lords amendments that engage financial privilege are agreed to, I will cause the customary entry waiving Commons financial privilege to be entered into the Journal.

Clause 2

Definition of “personally connected”

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

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

[Mr Deputy Speaker]

With this it will be convenient to discuss the following: Lords amendment 2, and Government motion to disagree.

Lords amendment 3, and Government motion to disagree.

Lords amendments 4 to 8.

Lords amendment 9, and Government motion to disagree.

Lords amendments 10 to 32.

Lords amendment 33, and Government motion to disagree.

Lords amendments 34 to 36.

Lords amendment 37, and Government motion to disagree.

Lords amendment 38, and Government motion to disagree.

Lords amendment 39.

Lords amendment 40, and Government motion to disagree.

Lords amendment 41, and Government motion to disagree.

Lords amendment 42, and Government motion to disagree, and Government amendments (a) to (c) in lieu.

Lords amendment 43, and Government motion to disagree.

Lords amendments 44 to 82.

Lords amendment 83, and Government motion to disagree.

Lords amendments 84 to 86.

[Victoria Atkins]

Before I start my speech, may I beg your indulgence, Mr Deputy Speaker, and place on the record not only my condolences to Her Majesty the Queen but my and my constituents’ heartfelt thanks to His Royal Highness Prince Philip? He was the personification of public service, dedicating his life to Her Majesty and to serving our country for more than 70 years, and he did so with great style and often a twinkle in his eye.

May I also pay tribute to my friend, the right hon. Dame Cheryl Gillan, who passed away very recently? She would have loved to take part in today’s debate. She was a huge advocate for the vulnerable, including those who live with autism. She was a wonderful, wonderful friend and colleague to us all, and she will be very, very sorely missed.