Immigration and Asylum Bill Debate

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Department: Home Office

Immigration and Asylum Bill

Nusrat Ghani Excerpts
Paul Waugh Portrait Paul Waugh (Rochdale) (Lab/Co-op)
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First, I thank the Home Secretary for listening to me and my hon. Friends the Members for Oldham West, Chadderton and Royton (Jim McMahon), and for Heywood and Middleton North (Mrs Blundell), as well as all our constituents; she acted super quickly and seized this issue, to make sure that we could change the law to allow for the deportation of Shabir Ahmed.

The Bill introduces a new power, personally applied by the Secretary of State, to allow offences like Ahmed’s to be classed as so serious that the offender loses protections under the Immigration Act 1971. Let us be clear: that Act was meant to give rights to law-abiding citizens of the Commonwealth who came here to work hard and play by the rules; its drafters never intended for it to exempt vile sex offenders and grooming gang leaders from deportation.

Shabir Ahmed’s release from prison this month was, for many, another painful reminder of the wicked crimes he committed. Ahmed, who lived in Oldham, was the ringleader of the Rochdale grooming gang. He was convicted of the serial rape, exploitation and vile abuse of young white girls in Heywood, and was separately convicted of 30 rapes of a young Asian girl. All his victims were failed for years by the institutions that should have protected them. It is important for me to say that the people of Rochdale, whatever their racial background, are united in their disgust at paedophiles like Ahmed.

It was this Labour Government who finally created a specific offence of grooming, which, unbelievably, did not exist before. The Government are also trialling the use of chemical castration for convicts in jails, which I personally would welcome being made compulsory for sex offenders like Ahmed. Ever since my election, I have pressed Ministers to pursue the deportation of every grooming gang member who can legally be removed from the UK. I know that this is just the start, and that even once the law is changed, Pakistan may still say that it will refuse to take back this man. Whatever diplomatic barriers exist must be challenged, and every possible avenue must be explored.

The public interest is clear in this case; more broadly, the public interest is strengthened by this Bill. Article 8 of the European convention on human rights—the right to family life—has always been a qualified right, as the Home Secretary has pointed out. This means that judges are asked to strike a balance between those rights and the public interest. That is precisely why the Rochdale grooming gang members lost their appeals under human rights law. However, these bogus appeals happen far too often, and for many, it is a sick joke that paedophiles who have robbed children of their own right to family life depend on human rights to stay in this country. That is why I welcome the new provision in the Bill to require decision makers and courts—

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. I call Tim Farron.

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Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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I cannot see Steve Yemm, so I call Euan Stainbank.

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Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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I have made it very clear to the Whips on duty that I am not going to get everybody in, and interventions are not helping.

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Jeremy Corbyn Portrait Jeremy Corbyn (Islington North) (Your Party)
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The media, Reform and all on the far right in Britain have created the most horrible and dangerous atmosphere in this country against refugees, migrants and minorities. They have promoted racism, and that racism has played out in the violence on the streets, the violence against mosques, the violence against synagogues, and the violence against any minority group within our society. They should think very carefully about what they say and how they depict asylum seekers and refugees. When I listen to the rhetoric in the media and follow it in some of the papers, it seems to me that they have taken leave of all aspects of humanity.

The hon. Member for Sunderland Central (Lewis Atkinson) said that he had been over to northern France to examine what was going on there. I have been over to northern France as well—I have been over to Calais and talked to people living in tents, and they are desperate. They are desperate people who once worked for the British Army in Afghanistan. They are desperate people who were bombed in Iraq or in Syria. They are desperate people trying to find somewhere in this world to survive, and what they find is hostility, danger and abuse.

Nobody in their right mind would get into one of those dinghies and cross the channel unless they were utterly desperate to do so, so can we not just have a sense of humanity about this and have an international, Europe-wide approach to the issues faced by people who are desperate? Thousands have died crossing the Mediterranean, and hundreds have died crossing the channel. The historians of the next century will say of this century, “What were the politicians of Europe doing while all these people were drowning because they were trying to get to a place of safety?” Can we not instead accept the importance of international institutions and the value of the European convention on human rights, which protects all of our human rights, and try to have a humane system of doing things?

In the last minute I have for my speech, I want to draw attention to the amendment I have tabled, endorsed by Members of the independent alliance group, which concerns the Afghan resettlement schemes. The people of Afghanistan have suffered grievously from the war. In August 2021, the Taliban took over in Kabul; the UK created resettlement schemes, and then dropped them all. Now, we have the horrible situation in which, although many Afghan families who have come to Britain as part of those schemes were told that the rest of their family could come, there are many dependants stuck in Afghanistan who can have no place here. The Government, through the Ministry of Defence and the Home Office, guaranteed that right of family reunion and guaranteed that extended family members could come here. When the Minister for Border Security and Asylum responds to the debate, I hope he will remember the words of the Afghan International Council in the United Kingdom, who said that

“many Afghan families continue to endure the pain of prolonged separation”—

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. I call Rachel Taylor.

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Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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I am going to squeeze in one more speaker, with two minutes.

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Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Unfortunately, I have to go to the Front Benchers now. I call the shadow Minister.

Matt Vickers Portrait Matt Vickers (Stockton West) (Con)
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This has been an important and thoughtful debate, and I begin by thanking Members from across the House for their contributions.

There have been genuine differences of opinion this evening, but I think there is broad agreement on one point: our immigration system is not working. Immigration is one of the defining issues facing our country. It goes to the security of our borders, the integrity of our laws, the pressure on our public services, and, ultimately, the confidence the British people have in the ability of the Government to keep their promises.

The British people expect an immigration system that is fair to those who play by the rules and firm with those who seek to abuse them. They expect secure borders, swift decisions, effective enforcement and, above all, a Government to deliver. That is the test the Bill must meet.

In many respects, today’s debate brings us full circle. Ministers stood at the Dispatch Box and argued that immigration policy should be about grip and control, not gimmicks and false promises, yet over the past two years, we have seen too many headlines, too many announcements and too many promises, while illegal migration has continued to undermine confidence in our borders.

Let me be clear: I do not believe that anyone in this House wants to see people risking their life crossing the channel in small boats. Those crossings benefit organised criminal gangs, undermine confidence in our immigration system, place enormous pressure on communities, public services and public finances, and all too often end in tragedy. Nobody should accept them as inevitable. The question before us today is therefore a simple one: does the Bill contain the measures necessary to stop illegal migration? That must surely be the ambition.

The Government’s own impact assessment recognises that deterrence is essential, but it also accepts that the deterrent effect of these proposals is too uncertain even to quantify. That uncertainty goes to the heart of the Bill. The fundamental principle should be straightforward: if someone enters the United Kingdom illegally, they should not be able to stay. Everything else flows from that principle. Without it, public confidence is weakened and genuine refugees lose out. Those who come here legally and contribute to our country are let down, and the criminal gangs continue to exploit the gaps in our system.

To be fair to the Home Secretary, there are measures in the Bill that the Opposition welcome. It is right that the Government are seeking to recover more of the costs of asylum support. It is right that Ministers are finally acknowledging that the article 8 framework has frustrated removals. It is right that they recognise shortcomings in the operation of the modern slavery system. It is right that they acknowledge that the current appeals process is too slow, too cumbersome and too vulnerable to abuse. In truth, one of the most striking features of the Bill is that the Government have finally accepted many of the arguments that they have spent the last two years dismissing.

Recognising a problem, though, is not the same as solving it. The Home Secretary and I agree on much of the diagnosis; we disagree on the cure. Time and again, the Bill identifies the right issues but stops short of the reforms needed to address them. The Government propose a new independent immigration appeals authority, yet they cannot tell us with any certainty whether it will speed up removals or simply replace one backlog with another.

The Bill looks to narrow article 8 claims, while simultaneously creating a new, sponsored human rights claim that risks opening another avenue for litigation. It speaks about strengthening deportation powers, yet it leaves unanswered the wider questions about the legal framework that continue to frustrate removals. Despite repeated promises, the Bill contains no comprehensive reforms to settlement, no clear answer on preventing those who arrive illegally from obtaining citizenship, and no comprehensive removals framework capable of delivering the deterrence that Ministers say is necessary.

That is why the Opposition have tabled our reasoned amendment. We believe that the Bill does not yet go far enough to restore public confidence or deliver the outcome that the British people rightly expect. Our alternative is clear: those who enter the country illegally should have no right to stay.

Several Members have spoken about public confidence, and they are right to do so. Public confidence depends on knowing that the rules matter; that those who have no right to remain will be removed; that foreign national offenders can be deported swiftly; that endless legal challenges cannot frustrate the clearly expressed will of Parliament; and that those who come here legally, work hard and contribute are not disadvantaged by a system that appears unable to distinguish between those who respect the rules and those who seek to exploit them.

As has been mentioned, the Home Secretary faces a political challenge from her own Benches. If she wants to come back and deliver real and meaningful reform that will properly secure our borders, and if she needs some support to do that, she can give us a call—[Interruption.] Give me a call.

The British people do not want another cycle of announcements followed by disappointment. They want to know that criminal gangs will no longer profit from human misery; that dangerous channel crossings will end; and that those with no right to remain will not spend years exhausting endless appeals while the taxpayer picks up the bill. They want to know that Britain remains a country that welcomes those who come legally, while maintaining control over who enters and stays. Those are not unreasonable expectations, but the foundations of a fair immigration system.

As the Bill progresses through Committee, the Opposition will scrutinise it carefully. Where measures meaningfully strengthen border security, improve enforcement and restore confidence, we will support them. Where they fall short, we will seek to strengthen them. The Home Secretary has moved some way towards recognising the scale of the challenge facing our immigration system, and I welcome that. The Bill identifies many of the right problems, but it still stops short of the bold reforms needed to solve them. For that reason, we have tabled our reasoned amendment.

The British people deserve an immigration system that is fair to those who follow the rules, uncompromising with those who do not, and capable of restoring control of our borders. That remains the standard by which the Opposition will judge the Bill. I commend our reasoned amendment to the House.

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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I call my favourite Home Office Minister.