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.