Nationality and Borders Bill

Patrick Grady Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

Will the Home Secretary give way?

[Patrick Grady (Glasgow North) (SNP)]

Will the Home Secretary give way?

[Priti Patel]

I will give way shortly.

Our plan will increase the fairness of our system so that we can better protect those who are in need of genuine asylum. That is absolutely right, and it is important that we have that fair principle. However, it will also do something that I sense does not interest the Labour party: it will deter illegal entry to the UK, and, importantly, will break the business model of the smuggling gangs and protect the lives of those whom they are endangering.

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[Priti Patel]

I will not give way. [Interruption.] I have been very generous in taking interventions, and I would like to make some progress.

It is important to reflect on the fact that, when it comes to anyone claiming asylum in the UK—this is established in long-standing legislation—we have a statutory duty in relation to accommodation, subsistence, cash and transportation. The system, as I have already mentioned to the hon. Member for Bermondsey and Old Southwark (Neil Coyle), is currently costing the taxpayer more than £1 billion a year. It is right that we look to reform the system, and not just to make it efficient but to ensure that we do the right thing. The very principle of seeking refuge has clearly been undermined by those who are paying to travel through safe countries and then claiming asylum in the UK. As my hon. Friend the Member for North East Bedfordshire (Richard Fuller) said, many of those are economic migrants and not just those fleeing persecution. People should be claiming asylum in the first safe country that they reach and not using the UK as a destination of choice. That is why our intention is to work—

[Patrick Grady]

Will the Home Secretary give way?

[Andrew Gwynne (Denton and Reddish) (Lab)]

Will the Home Secretary give way?

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[Patrick Grady (Glasgow North) (SNP)]

Thank you, Madam Deputy Speaker. I hope you are enjoying the view—congratulations.

I sometimes wonder whether the Home Secretary or her cheerleaders on the Government Benches have ever actually met an asylum seeker. If the asylum seekers who come to my surgeries in Glasgow North find it stressful, embarrassing or upsetting to have to carry a biometric ID card that states that they have no right to work when, being a human being, they are born with that right, or that they have no recourse to public funds, it is no less humiliating to have to explain from the other side of the surgery table why the Government are so unremittingly hostile to their presence in this country.

It is easy to stand at the Dispatch Box or on the Back Benches and say that these people should leave the UK; try looking them in the eyes—eyes that have seen horrors that some of us cannot even imagine—and saying that. I defy any Minister or any Tory Back Bencher to come to the next meeting of the Maryhill Integration Network Voices group, listen to the testimonies of the men and women who take part and then come back to this House and justify the policies that they are promoting today.

For 20 years the Maryhill Integration Network has supported asylum seekers and refugees in the north of Glasgow, welcoming them into the community, and helping to share experiences, culture, food and joy across the entire city. For 17 of those years, it has been led by the remarkable Rema Sherifi, until her recent retirement. Rema was a refugee—she was a journalist in Kosovo—who fled to a refugee camp in Macedonia with her family, before being evacuated to Glasgow for health reasons. Since that time she has worked tirelessly to support thousands of others who have been through similar experiences, helping people to overcome traumas, and learn how to make new lives as part of Glasgow’s wonderfully diverse community.

My friend and constituent Abdul Bostani has a similar story. He fled the Taliban in Afghanistan at the age of 18, and on arrival in the UK he was put on a bus to Glasgow, a city he had never heard of. Twenty years later he is a proud father who works in translation and runs Glasgow Afghan United, which brings people together for sport, language, culture and other activities. How many more Remas and Abduls are out there who could help to transform our country and make it a better place for everyone, but who instead will find themselves shut out, turned away, and criminalised by the Bill? How many will be put up in barracks before being deported, and criminalised on the moment of arrival, because of course they had to struggle to get here—their oppressive regime did not give them a passport and a ticket to the airport?

Hostility is the hallmark of this Government: hostility to devolution, hostility to the aid budget, and now a supercharging of the hostile environment for refugees and asylum seekers. A hostile environment pervades the Home Office. The visa system is in at least as much of a mess as the asylum system, and it amounts to one message: global Britain is closed. Do not come here unless you are going to spend lots of money and then leave again very quickly.

I agree with the hon. Member for Crawley (Henry Smith) on his point about the Chagossians. Well Scotland wants no part of it. In time, Scotland will have its own immigration system, and just as Scots have been welcomed and made their homes in countries around the world, we will welcome travellers, migrants, refugees and asylum seekers, respecting their human rights and our humanitarian responsibilities. I say this to refugee and asylum-seeking constituents in Glasgow North: no matter what you hear from the Tory Dispatch Box today, you are welcome in Glasgow, you are welcome in Scotland, we want you to be safe, and we want you to stay.

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[Jonathan Gullis (Stoke-on-Trent North) (Con)]

Our United Kingdom has always stood up for those in need, whether by helping the thousands escaping fascism in Europe in the 20th century or by offering a home to the people of Hong Kong who face persecution at the hands of the Chinese communist party.

My right hon. Friend the Home Secretary, an adopted Stokie, is right to say that our asylum system is broken. People in Stoke-on-Trent North, Kidsgrove and Talke will see images of people crossing the channel illegally in small boats and are rightly infuriated, because they know the impact that illegal immigration has. In Stoke-on-Trent, we have done more than almost any other area in giving asylum seekers a home. At the end of 2020, we had the fifth highest rate of asylum seekers per 10,000 of population in the whole UK, housing more than 1,000 asylum seekers. That means that one in every 250 people living in Stoke is now an asylum seeker, and with the certainty of even more illegal entries into the UK on boats, in lorries or through those arriving without visas, places such as Stoke-on-Trent will be pushed to their limit. In 14 council wards, the one in 200 cluster limit has already been breached in Stoke-in-Trent, with Etruria and Hanley, a ward I share with my hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon), having a ratio of one in 44. The stark truth is that our city has reached its limits. Services such as our local NHS and schools are under strain and being stretched even further, and I fully support the decision by Stoke-on-Trent City Council’s leader, Councillor Abi Brown, to pause our involvement with the asylum dispersal scheme.

[Patrick Grady]

Perhaps some of the asylum seekers in the hon. Gentleman’s constituency could be given the right to work and could then work in the schools and hospitals, and the whole community could benefit from the economic, cultural and social growth they would bring, rather than demonising, othering and making people afraid of them.

[Jonathan Gullis]

I see the hon. Gentleman getting very animated. I just hope he can convince his Scottish National party colleagues—or the nats—to get involved in the asylum dispersal scheme. I know that the Minister will be very keen for meetings tomorrow to start the paperwork and let us have lots more councils in Scotland taking part in the scheme.

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[Jack Brereton]

What the hon. Gentleman is actually saying is, “We are happy for authorities like Stoke-on-Trent to continue to pull their weight, and we in Scotland will just sit here, not pull our weight and continue not to support asylum seekers in this country.”

[Patrick Grady]

The Scottish Government have published the “New Scots” plan to welcome asylum seekers and refugees across the entire country. If the UK Government do not want to give us the money, why do they not give us the power? Then we can have our own immigration system in Scotland.

[Jack Brereton]

I will make some progress, as I have very little time.

There are currently around 10,000 national foreign offenders in this country. Again, the Labour party will not do anything about it, and it tried to accept murderers and rapists into this country. We in Stoke-on-Trent will not allow that. As I said, the pressure faced by those few who have done the most is totally unsustainable. It saw all resettlement area authorities in the region withdraw from the scheme recently. Since then, we have continued to see attempts to place people, and the latest letter from the Minister—I do thank him for the support he has given—says that there will continue to be procurement in these areas, against our wishes. I totally recognise the urgent need for these areas to house people, but it cannot continue to fall on a few areas of the country. It is time that other areas of the country step up and do what they should in taking a fair share and contributing, as Stoke-on-Trent has and continues to do.

Nationality and Borders Bill

Patrick Grady Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I will have to implement a three-minute limit; otherwise, we simply will not get people in.

[Patrick Grady (Glasgow North) (SNP)]

This Bill is literally inhumane: it dehumanises asylum seekers, puts lives at risk and turns people into criminals for simply attempting to exercise their basic human rights. But the UK Government are not going to let small matters such as fundamental human rights, the rule of law and natural justice get in the way of their hostile environment, and their attempts to exclude practically anyone who is not a tax-dodging billionaire from settling on these shores. We keep hearing, “The asylum system is broken” from those on the Government Benches. Well, how did that happen? The Government have been in power for 10 years, and the environment has only become more hostile. Perhaps a different approach is needed.

It is for that reason that I support the right to work outlined in new clause 45, in the name of my hon. Friend the Member for Glasgow North West (Carol Monaghan). The right to work is a human right. It is in the universal declaration of human rights, and although it might be denied, it cannot be taken away. Lots of us heard that last week from people who had travelled from Glasgow and the Maryhill Integration Network to speak to us about the issue. They want to work, contribute and share their skills.

Instead of people being a cost to the system, we should let them contribute to the system. Instead of them receiving meagre, insulting support payments from taxpayer, we should let them become taxpayers, but that is not something that the Government are interested in. I do not know when a Government Minister last had to sit in a constituency surgery and look at a biometric card that says, “No right to work” or “No recourse to public funds”. It is one of the most heartbreaking things that Members of this House have to do, and it is a complete insult, because being able to work is a human right.

I also support new clause 9 on EU certification, which was tabled by the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier), because it would correct another historical wrong. I have constituents who have had emails saying, “Congratulations, you have your settled status. By the way, this email is not proof of your settled status.” Quite how they are supposed to prove that status if they do not have the documentation is beyond me, but it is all part of a Home Office agenda that does not want people to make the United Kingdom their home.

The Government want to close borders, shut down routes to citizenship and send a general message that says, “Unless you have lots of money, you’re not really welcome here.” How can the UK ever be the first safe country of arrival? We are surrounded by water. It is simply not possible. That approach would mean that practically everyone turning up here to claim asylum—whether on a ship or small boat or at an airport—would become a criminal. That is rejected by people in Glasgow North and across Scotland. I look forward to the day when we can have an open, generous, accessible pathway to asylum and citizenship, for those who want to take it up, in an independent Scotland.

[Sir Christopher Chope]

It is not just the asylum system that is broken; it is also the immigration enforcement system. Last year, the Public Accounts Committee reminded us that the immigration enforcement directorate has 5,000 staff and costs £400 million a year to run, but that every year for the last several years, there have been fewer enforced removals and fewer voluntary returns. In 2019—the last year for which figures were available—there were only 55 convictions for all immigration offences, yet we know that there are probably 1.2 million illegal immigrants in this country. I therefore ask the Minister: what is happening to the published aim of the immigration enforcement directorate, which is,

“to reduce the size of the illegal population and the harm it causes”?

The reason why I tabled new clause 18—I much appreciate the support of the 17 colleagues who have signed it—it is that it would make it clear that it is a criminal offence to be in the United Kingdom illegally. Most people find it amazing that it is not already a criminal offence. It is a criminal offence to watch a television without a television licence, but not to be in this country without authority. My new clause would change that and address the issue of all the people who are here unlawfully.

Sky News has suggested that there may be about 87,000 new illegal immigrants coming in each year. Very few of those, relatively speaking, are failed asylum seekers. There is a much bigger problem of clandestines—those arriving without documents—and there is a very large number, estimated to be 66,000, of people who stay beyond any visa entitlement. We have to deal with the wider issue of illegal migrants and enforce it properly.

Nationality and Borders Bill

Patrick Grady Excerpts

Consideration of Lords amendments
Tuesday 22nd March 2022 Commons Chamber

[Tom Pursglove]

Mr Speaker, may I begin by joining in, on behalf of the Home Office, your tribute to PC Keith Palmer, who lost his life five years ago today? All of us who were in the House will never forget that day. It was an enormous tragedy; he died in the line of service, protecting our democracy and the people in this place. We will be forever grateful to him and his family, and our thoughts are very much with them today, and with everybody caught up in that terrible tragedy on Westminster bridge.

This country has a long and proud tradition of providing sanctuary to those in need. The British people are generous and compassionate, and we only have to look around us to see that compassion in action right now. I think I speak for the whole House in thanking everyone stepping up to support people fleeing the conflicts in Afghanistan and Ukraine.

This Bill is about delivering a long-term solution to the long-term problems that have beset the asylum system over decades. It has three central objectives: to make the system fairer and more effective so we can better protect and support those in genuine need; to deter illegal entry, breaking the business model of evil criminal trafficking; and to make it easier to remove those with no right to be here.

The reforms we are introducing through this Bill have been debated at length both in this House and the other place, and I want to put on record my thanks to all Members for the rigour with which they have scrutinised the measures we have proposed. I also want to say that as the Bill has progressed through Parliament, this Government have been listening carefully to the questions and concerns raised not only by Members but by the many organisations, communities and individuals who have been carefully following its progress.

We have amended the Bill to clarify that new measures to tackle people smugglers will not criminalise those acting under the direction of Her Majesty’s Coastguard. We have also introduced an amendment to resolve the lawful residence issue that has troubled many individuals with indefinite leave to remain under the EU settlement scheme and who wish to naturalise but have not previously held comprehensive sickness insurance.

In response to the appalling situation in Ukraine, we have added new powers to enable us to impose visa penalties on countries posing a threat to international peace and security or whose actions lead, or are likely to lead, to armed conflict or a breach of humanitarian law. We have also announced an expansion of the Hong Kong British national overseas route, which will enable individuals aged 18 or over who were born on or after 1 July 1997 and have at least one BNO parent to apply to the route independently.

Before going further, I would like to say something more about the situation in Ukraine, in particular the calls we have heard in respect of unaccompanied children. We of course recognise the deeply troubling circumstances faced by all Ukrainians who are caught up in this conflict, and we of course acknowledge calls for support to Ukrainian orphans and unaccompanied children. However, the UK cannot act unilaterally on such matters, and the views of affected Governments must be taken into account. The Ukrainian Government have been clear that children must not be taken into care without the prior agreement of their authorities; we cannot simply transfer unaccompanied minors to the UK without first securing their authorisation. It may be in the best interests of many children to remain in the region given that it is common for those labelled as orphans by the media who are in the Ukrainian care system to have living parents, and ultimately their Government, whom they are not fleeing, should have the final say on these matters.

We are working urgently, however, with the authorities in Ukraine and Poland to secure the final agreements needed to bring to the UK a group of over 50 Ukrainian children, known as the Dnipro kids, who have escaped the brutal war and are currently in Poland. I recognise that many Members are following that issue closely and have a keen interest in it, and Home Office Ministers will keep the House updated. This is a complex case, and it is absolutely right that we wait for the appropriate checks and written permissions before bringing these children to the UK. The Home Secretary and her counterparts in the Ukrainian, Polish and Scottish Governments are united in their determination to ensure these children get the right support and the care they need.

However, I remind the House that our Ukraine family scheme also provides an immediate pathway for those Ukrainians, including unaccompanied children subject to safeguarding checks, with family already settled in the UK to come to our country. We would expect most children to apply in family groups, such as a parent with a child, but I can assure colleagues that this scheme is designed to allow as many people as possible to come to the UK and to give them immediate access to the support they need. We must do nothing less.

Returning to the Bill, Members will have seen that many amendments were proposed and agreed to during its passage through the other place, including some proposed by the Government. The Government have carefully considered each of the non-Government amendments, and I would like to explain what we have concluded and why. But before doing so, I would like to offer an apology to the House for the late publication of the updated explanatory notes. Manuscript copies of the updated notes have been distributed, but I accept that they should have been published online on Friday, and I am sorry that this did not happen—for that discourtesy I genuinely am apologetic, Mr Speaker.

On amendment 1, relating to access to British overseas territories citizenship and British citizenship for Chagossians, I again place on record my sympathy with the Chagossians for how they were treated in the 1960s and 1970s. I also want to place on record my admiration for the way in which Members from across the House have championed their cause, in particular my hon. Friend the Member for Crawley (Henry Smith), who has been a consistent and tireless advocate on this issue for many years; he has run an exceptional campaign. We have listened carefully to the concerns raised in both Houses and in the Chagossian community on the difficulties faced by Chagossians in accessing British nationality. These difficulties have arisen from the unique historical treatment of those who were removed from the British Indian Ocean Territory in the 1960s and 1970s and the limited recognition of those circumstances in British nationality law. Given that, the Government have concluded it would be appropriate to take action in this Bill, consistent with our other measures designed to correct historical unfairness in nationality law, and will put forward an amendment as such. This will mean there is a new route to British nationality for direct descendants of the Chagossians removed from the British Indian Ocean Territory. In doing that, we are satisfied that the Chagossian diaspora is unique and we are not setting a precedent that would undermine the general principles governing the acquisition of British citizenship by descent. Further details will follow in due course, and I want again to say a huge “Well done and congratulations” to my hon. Friend for helping us to bring about this important change.

[Patrick Grady (Glasgow North) (SNP)]

This is, I think, at least one small point of agreement, but can the Minister explain why the amendment passed in the House of Lords is not acceptable in that form to the Government, and in particular whether the provision in the amendment that no charge will be made for Chagossians applying for citizenship will be retained somehow?

[Tom Pursglove]

The direct answer to the hon. Gentleman’s question is that we judged that the amendment tabled in the House of Lords is technically deficient. I can confirm, however, that this route is free and there will be no good character requirement associated with it. We think the way this is presented in response to the Lords amendment is the correct way to progress and that it recognises the broad agreement for this, delivering on precisely what this House and the other place wish to see. I think we can all come together and be very pleased about that.

Amendment 4 removes the clause from the Bill that contains our proposals regarding notification requirements for those who are subject to a deprivation of citizenship decision. Deprivation is necessary to protect the public from those seeking to do serious harm, such as terrorists, or those who acquired their citizenship by fraudulent means. I again emphasise that the underlying deprivation of citizenship power is a century old, is only used in a small number of cases, is never used to target people because of their ethnic or religious background, and always comes with a right of appeal. The changes we want to make do not change any of that. This measure is simply about how we notify someone of the intention to remove their citizenship. It is necessary in order to ensure that we are able to use this power where we cannot contact a person; for example, because they are in a warzone. When contact is made, that person will be able to appeal the deprivation decision as usual.

We have considered very carefully amendments to the deprivation of citizenship clause tabled by Lord Anderson of Ipswich and agreed to in the other place. Lord Anderson’s amendments provide more clarity on the reasons for not giving notice of a deprivation decision, as well as introducing a degree of judicial oversight of the decision not to give notice. We are content that the original intention of the clause is not altered by these amendments, and we are satisfied that the amendments will enable us to protect the rights of the individual while delivering on our security objectives.

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[Patrick Grady]

Will the Minister explain to me how the United Kingdom can ever be the first safe country of arrival for someone fleeing a war zone or a natural disaster. If you leave without all your paperwork, how can you ever get to the United Kingdom before anywhere else when we are surrounded by water?

[Tom Pursglove]

We have many resettlement routes whereby people can come to this country. I have said this several times in the House, and it bears repeating now, that people getting in small boats to come to the United Kingdom are coming from perfectly safe countries at great risk, and they are lining the pockets of evil criminal gangs, which funds wider criminality, when there are fully functional and appropriate asylum systems, where people can gain help and support, that they are leaving to make those perilous journeys. It is also important to point out—I recognise that the hon. Gentleman is a particularly keen advocate of the European Union and wishes we were a member of it—that it is a fundamental feature of the common European asylum system that people should claim asylum in the first safe country they reach. Without any enforcement of that, we simply encourage criminal smugglers to continue to exploit vulnerable migrants and leave flows of migrants across Europe, which culminate in the dangerous channel crossings. The Bill’s inadmissibility measures are an essential part of our approach to enforcing the safe first country principle, and for that reason we cannot agree to the amendment.

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[Henry Smith (Crawley) (Con)]

I rise to thank the Government sincerely for amendment 1, the Chagos nationality amendment. I particularly thank the Minister, the hon. Member for Corby (Tom Pursglove) for his comments earlier and his colleague, my hon. Friend the Member for Torbay (Kevin Foster), who is not currently in his place, for meeting me and engaging on the issue of Chagos nationality justice and finally, after many years of campaigning, seeing the matter resolved by this Government. I am truly appreciative.

I express my thanks to hon. Members across this House, both present and past, and present and past members of the other place for their work over many years on this important matter. I also do not forget the many members of the Chagos islands community: those visiting Parliament today, those across this country and those in other parts of the world. They have suffered an injustice of approximately half a century and the Government today have gone a significant way towards ensuring that those people who are descendants of British subjects rightly have the ability to apply for British overseas territories citizenship, and therefore ultimately British citizenship if they so wish.

In conclusion, I repeat my appreciation to the Government. The second campaign that continues for the Chagos islanders is a right of return to their homeland, but I promise the Home Office that I will tackle the Foreign, Commonwealth and Development Office with that one, and conclude my remarks by expressing my appreciation to Home Office Ministers and officials.

[Patrick Grady]

I echo the words of the hon. Member for Crawley (Henry Smith); there is a small amount of consensus on the concession the Government have made today towards members of the Chagossian community. However, if the Government are at long last willing to listen to the House of Lords to correct that historical injustice, why are they not willing to listen to it on all the other points? It appears to be the exception that proves the rule.

We in the SNP hold no torch for their lordships’ House, but for those who are defenders of the Lords and stand up for the check it is supposed to provide on the decisions of the elected Chamber, why is everything else being dismissed out of hand? Why are the Government not willing to accept Lords amendment 5 and put the 1951 refugee convention into the Bill? They say they accept the convention and always act in accordance with—although of course the reality is very different. There is a gap between their rhetoric about respecting the convention and the reality that they want to turn arriving in the UK from a war zone into a crime.

That is why the House should also support Lords amendments 6 and 11. Ministers have yet to explain, despite having been asked several times in this debate, how the UK, which is surrounded by water, could ever possibly be the first safe country of arrival for someone seeking asylum without proper paperwork. Political human rights defenders from Eritrea are not provided with exit visas and passports by their Government. They have to run across the border at night in case they get shot, and then hope to God that they can get to a safe country such as the United Kingdom, where there is already an expat community. But then this freedom-loving, democracy-defending, global-Britain-is-great Tory Government want to turn them into criminals, which is exactly what they were fleeing in the first place. Exactly how putting asylum seekers into the prison system represents value for money for taxpayers is completely beyond me.

That is why the House should vote to retain Lords amendment 7 extending the right to work to asylum seekers. As if the current system is not dehumanising enough for individual asylum seekers, being denied the right to work actively harms wider society. Let them pay tax. Let them contribute to our economy and industries that are crying out for staff. Let them use their skills and talents to benefit everyone. I believe that even some Tory Back Benchers have finally been persuaded of this. I pay particular tribute to the Maryhill Integration Network, based in Glasgow North, for championing this amendment and becoming not just a provider of vital services to the local migrant population but an authoritative national voice on the rights of refugees and asylum seekers.

The House should also support the amendment tabled by Lord Alton, one of the finest minds and voices in the upper Chamber, that seeks to ensure that applicants for asylum who are at risk of being killed in a genocide can claim asylum in the UK. It provides exactly the kind of safe and legal route the Government say they want to see, and it was supported by former Tory Cabinet Ministers in the House of Lords. Yet once again the Government want to reject it. It is clear that this Government are determined to strip away from the Bill any vestige of compassion or recognition of vulnerability on the part of asylum seekers that the Lords have managed to shoehorn into it. Well, I hope the Government are made to work for it. I hope we divide on every single amendment before us and that when they have to cancel their dinners, receptions and all their other engagements this evening, they think about what it must be like to travel on a small boat and to be in the hands of people-traffickers. No one chooses that. No one is so desperate to come to the Tories’ land of milk and honey. People are forced into this kind of thing.

[Alexander Stafford (Rother Valley) (Con)]

rose—

[Patrick Grady]

I will not give way because I am out of time, and this Government are out of ideas and out of compassion, as they have shown in recent weeks in response to the current situation. People in Scotland and people across the United Kingdom do not want to put up barriers to people fleeing war, famine and disasters caused by a climate emergency that we in the west created. They want to show solidarity and compassion. They want to say it loud and say it clear—that refugees are welcome here.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

I take a rather different view from the hon. Member for Glasgow North (Patrick Grady). I draw the House’s attention to my outside interests. I also want to make it clear that I think this is a most important piece of legislation and I completely agree with the aims of the Home Office. I congratulate the Home Secretary on her vigorous attempts to remedy a serious problem.

I want to raise three brief points. First, I point out to the House that when the right hon. Member for Hayes and Harlington (John McDonnell) and my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) agree so clearly, the Government should think carefully about whether they can move on the issue of 12 months coming down to six months.

The two Lords amendments I particularly want to raise, which would improve the Bill, are those tabled by Lord Kirkhope of Harrogate. They should be given very serious consideration. Lord Kirkhope was the Immigration Minister under Michael Howard, the former Home Secretary in John Major’s Government. Both are much respected and on the right of the Conservative party. Our former colleague Lord Kirkhope’s views are an important contribution to this debate. Furthermore, he has a long-standing interest and expertise in the handling of population movement in Europe from Calais to Moscow.

On amendment 11, my right hon. Friend the Member for Ashford (Damian Green) has already made clear the huge benefits that would come in if it were agreed to. It is designed to break the people-smugglers’ business model. The Government are quite right: people fleeing terror and persecution should only come here by safe and legal routes. We will only stop people in desperation coming over the channel—that is, set up the settlement pathway the Home Office rightly refers to and break the smugglers’ model—if, first, we have accessible and meaningful numbers, and, secondly, we are not restricted to one geographic area. The Home Office confirms that 87% of the 28,000 arriving illicitly in 2021 came from Iran, Iraq, Syria and Yemen, for whom there is currently no alternative legal and safe route to which they can apply to get to the United Kingdom. Endorsing resettlement is central to the Government’s new approach set out in the “New Plan for Immigration”, but Ministers have yet to bring forward any provision in legislation that would see the necessary safe and legal routes made available.

It is rarely popular among Conservatives to talk of specific targets. Any figure can be changed up or down by the Government to reflect international circumstances. I fear that we must do so if the Government’s laudable aim of stemming the dangerous flow of desperate people across the channel, exploited by evil traffickers, is to stop. The figure of 10,000 suggested by Lord Kirkhope equates to 15 per parliamentary constituency, or five families per local authority. The amendment makes it clear that this is inclusive of, not in addition to, the Afghan refugees, and having a target would enable local authorities to plan in a co-ordinated manner, as we have heard, and avoid the current system where so many Afghans whom we want to help are waiting to move out of inappropriate accommodation.

On amendment 9 and offshoring, this is the issue that Lord Kirkhope looked at so comprehensively before and reluctantly rejected. The Home Office is asking Parliament to grant it this power when it has no idea of where it would exercise it, when it could exercise it or if it can exercise it. We know that it would be incredibly expensive. Judged by the cost of Australian offshoring, the British taxpayer would face unprecedented costs per asylum seeker. It would be much cheaper to put each one in the Ritz and send all the under-18s to Eton. That would cost a great deal less than what is proposed. Much more sensible is to recruit and train several hundred new civil servants to process these claims more rapidly and, yes, to crack down on an over-lengthy appeals process exploited through unscrupulous lawyers.

Nationality and Borders Bill

Patrick Grady Excerpts

Consideration of Lords amendments
Wednesday 20th April 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Members on both sides of the House might agree that the Lords got it right when they said that the timetabling arrangements for this House left a lot to be desired. We have one hour to debate 12 substantive and important amendments, and we will end up voting on them for three hours. It makes absolutely no sense.

I could be very succinct and just say that the SNP position remains that this is an atrocious and horrendous Bill, and therefore we support everything that the House of Lords has attempted to do to rein it in, but I will not. However, out of deference to some of the very good speakers on both sides of this debate, I will try to stick to points on one or two of the amendments.

First, I turn to Lords amendment 5B, which simply states,

“For the avoidance of doubt,”

part 2 is compliant with the refugee convention

“and must be…given effect as such.”

The Minister has said several times that that is precisely the Government’s objective, so why on earth does he have a problem with putting those words in the Bill? I suspect that there are two answers, the first of which is that in reality, part 2 does not remotely live up to the demands of our international obligations. Former Supreme Court judge Lord Brown said in the other place:

“I truly believe, as do many others, that several of these provisions flagrantly breach our obligations as interpreted by the UNHCR”.—[Official Report, House of Lords, 4 April 2022; Vol. 820, c. 1882.]

We respectfully agree with Lord Brown.

I suspect that the second reason for resisting this amendment is that Ministers are desperate to keep those words out of the Bill to make it more difficult to ask a court to adjudicate on whether the Bill is, in fact, consistent with the refugee convention. As Lord Brown said—he was directly addressing something that the Minister said here at the Bill’s last outing—it was

“quite wrong to suggest that there was no need for this amendment because the courts would anyway deal with the challenge to the legislation based on suggested non-compliance. I repeat: the amendment is vital. The courts otherwise cannot go behind the definitive clauses in the Bill and would have to apply them, compliant or not.”—[Official Report, House of Lords, 4 April 2020; Vol. 820, c. 1883.]

We agree; the Bill is fundamental to what we are doing here.

[Patrick Grady (Glasgow North) (SNP)]

My hon. Friend is right that the amount of scrutiny time being afforded to this House is ridiculous. If the Government are not prepared to come to any kind of compromise with the House of Lords, would it not be even better for all these powers to be devolved to the Scottish Parliament, so that the people of Scotland could build the kind of humane immigration and asylum system that hundreds of constituents in Glasgow North have lobbied me to advocate for in this House?

[Stuart C. McDonald]

I agree with everything that my hon. Friend has just said.

I turn to Lords amendments 15 and 13B, which bring us back to the sweeping criminalisation of asylum seekers and others arriving in the UK. We are talking about Afghans, Syrians, persecuted Christians and Uyghurs. Those are causes that many in this House advocate and speak up for all the time, and yet when these people come to our shores, suddenly we are planning to let them down, offshore them, discriminate against them, treat them abysmally and criminalise them under this legislation.

The Minister has said today that the Lords have defined the criminal offence too tightly and he wants to go back to a sweepingly broad offence. He assures us that that does not really matter, because we will not use the provision against the Afghans and Syrians; it will be used only in egregious cases. We cannot pass criminal laws on the basis of wishes and assurances expressed at the Dispatch Box that we will be quite reasonable in how we use them. He has to come up with the tight wording for the criminal offence that he is aiming at. If he does not, I am afraid we cannot support it at all; in fact, we fundamentally oppose it.

We believe that the Bill represents completely the wrong approach, and we continue to support the House of Lords in all it is doing to try to rein in the worst aspects. I hugely regret that we have had such a pitiful amount of time to say what we have to say about the amendments. In deference to other Members, I will sit down now and do my voting later on.

Nationality and Borders Bill

Patrick Grady Excerpts

Consideration of Lords message
Tuesday 26th April 2022 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

You are right, Madam Deputy Speaker, that the House is considering narrower and narrower aspects of the Bill, but despite the fact that this is the fifth time it has come to the House, still no Minister has been able to explain how the United Kingdom, which is surrounded by water, can ever be the first safe country of arrival for an undocumented asylum seeker.

The proposals in the Bill, and the Government’s determination to overturn repeated amendments of the House of Lords on this aspect, are literally inhumane. The Minister stands at the Dispatch Box and says that we fully comply with the refugee convention and therefore an amendment to put the refugee convention into the Bill is unnecessary. He is contradicting himself in his own terms. Instead the Government want to make criminals out of Eritrean human rights defenders fleeing for their lives, LGBT+ women and men from Rwanda seeking a more tolerant society in which to live, and Ukrainians who, for whatever reason, cannot get through the interminable Home Office visa processing system to reunite here with friends and families.

When the Minister winds up, can he explain whether the effect of the Bill and the agreement is that if a young Ukrainian man arrives at the UK border without documentation, he will be criminalised—or will he be sent to build a new life in Rwanda? Indeed, when an asylum seeker from Rwanda arrives here on a small boat, will they be sent back to Rwanda to seek asylum and rebuild their life? How is that possibly supposed to work? In what world could that possibly match with the provisions and duties that this country has under the terms of the refugee convention as outlined in Lords amendment 5?

It is not just the Archbishop of Canterbury who is speaking out on this—and incidentally he has every right to do so, because he is a member of the legislature as a Member of the House of the Lords—because religious leaders across the country have written to us. In amendment 7, the Lords calls once again for asylum seekers to be granted the right to work—not granted the right to work but for their right to work to be recognised, because the right to work is a fundamental human right that cannot be taken away. Using your labour to earn your keep is such a right. I echo the tribute that my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) paid to the work of the Maryhill Integration Network in this regard. Denying that opportunity to asylum seekers, along with the denial of access to public funds in some cases, is not only degrading to them but actively harmful to our own economy and to wider society.

This Bill has been of huge concern to constituents in Glasgow North who have followed it right the way through every single level of amendments that we have had from the House of Lords. Over the course of the Bill’s progress, I have had literally hundreds of messages, ultimately asking for the whole Bill to be withdrawn, but if not, then at least to try to humanise it wherever possible, as their lordships have tried to do this evening. If the Government will not listen to the House of Lords and will not listen to people in Scotland, where is the precious Union? Where is what we are supposed to be doing in working together? The Scottish Parliament is ready and willing to accept responsibility for immigration law, and the people of Scotland are ready to accept it and all the other powers that go along with being an independent country.

[Beth Winter (Cynon Valley) (Lab)]

I rise to speak in support of Lords amendments passed earlier today. It is clear that, even today, Members of the Lords have made efforts to table new text to find a route to conclude debate on this Bill. Let us remind ourselves that the United Nations High Commissioner for Refugees has warned that the Bill undermines the 1951 refugee convention and that its policies would risk the lives and wellbeing of vulnerable people.

I wish to support, in particular, Lords amendment 5D, moved by Baroness Chakrabarti, who has worked tirelessly in her opposition in tabling significant amendments to this horrendous Bill. This amendment sets out that the provisions of this part of the Bill must be read and given effect in a way that is compatible with the refugee convention.

I express my concerns about the Bill’s compatibility with our international obligations, particularly following the announcement of the memorandum of understanding between the Home Secretary and the Rwandan Government. Senior legal representatives have commented on that agreement, including Stephanie Boyce, the president of the Law Society of England and Wales, who recently said that there are

“serious questions about whether these plans would or could comply with the UK’s promises under international treaty”.

We all know that the Government’s proposal of pushbacks of boats in the channel has been abandoned this week in the face of legal scrutiny in the courts. I put on record my thanks to the Public and Commercial Services Union—the trade union of Home Office staff, including Border Force staff—and the charities Care4Calais, Channel Rescue and Freedom from Torture for taking on this legal challenge. As PCS general secretary Mark Serwotka, a fellow Welsh person, said:

“This humiliating climbdown by the government is a stunning victory for Home Office workers and for refugees. There is little doubt that lives have been saved.”

This action has demonstrated that the Government’s bluster about a legal basis for the pushback policy was just that. Are we now meant to take at the Home Secretary’s word that the “New Plan for Immigration” and the horrendous, inhuman, unethical Rwanda policy are just as legally watertight? Forgive me if I am sceptical.