Illegal Migration Bill

Patrick Grady Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

The Bill breaches international law, promotes human rights abuses, has serious implications for the safety of the most vulnerable groups in society, including children, and places an unacceptable amount of power in the hands of someone who has demonstrated that they are incapable of making appropriate decisions. It is for those reasons that I am resolutely opposed to the Bill, as are my constituents in Birmingham, Hall Green and the children at St Dunstan’s Catholic Primary School. It will do lasting damage to the conscience and international reputation of our country. The Bill must be stopped before it does irreversible damage to hundreds of thousands of people who are seeking nothing more than an opportunity to live free from harm.

[Patrick Grady (Glasgow North) (SNP)]

I start by congratulating Humza Yousaf on becoming Scotland’s new First Minister, and wish him every success in taking Scotland forward to independence. He, of course, comes from a heritage beyond these shores, and that should be a matter of celebration and pride.

Once again, the amendments before us today show that this Bill pleases nobody. Opposition Members are trying on a cross-party basis to restore some basic elements of humanity and decency to the process and make sure that the UK actually continues to have something that resembles an asylum system, but it seems that for many Tory Back Benchers, the Bill does not go far enough: Tory extremists want to make it even more punitive. We see that, for example, in amendment 136, tabled by the hon. Member for Stoke-on-Trent North (Jonathan Gullis), who is no longer in his place. Attempting to ban the use of hotels for temporary accommodation is simply gesture politics. It is probably unworkable and is certainly impractical, and is likely to further increase, not reduce, the cost to the taxpayer. I wonder how often the hon. Member and many others who have spoken today have actually met with asylum seekers who are staying in such hotels—who, incidentally, I am happy to consider as constituents of mine who have a voice that needs to be represented in this place.

As my hon. Friend the Member for Glasgow Central (Alison Thewliss) said, too many Tory Back Benchers speak of asylum seekers as some sort of amorphous, dehumanised blob, which I think is completely inappropriate. The asylum seekers I have met, through the Maryhill Integration Network and elsewhere, do not want to live in hotels: they want to be able to work and contribute to society. The way to get asylum seekers out of hotels is to give them the right to work, the right to earn a living—which, by the way, is another fundamental human right—and to let them pay for their own accommodation and pay tax into the system. At the end of their asylum process, if their claim is rejected, there have always been processes for removal and return; however, if their claim is accepted, they will be much further down the road of community integration, and at far less cost to the taxpayer. Instead, this Bill and the amendment tabled by the hon. Member for Stoke-on-Trent North will channel yet more money into the hands of outsourcing companies such as Mears and Serco, and many of us will continue to hear stories at our constituency surgeries of substandard and unsuitable accommodation being paid for by taxpayers.

Today’s group of new clauses and amendments really gets to the heart of what the Government say this Bill is trying to achieve. Many of us suspect that what the Government are actually trying to achieve is a fight, first with the House of Lords, then with the Supreme Court and then with the European Court of Human Rights, but much of that was covered yesterday. Clause 2 provides sweeping powers and duties that add up to what the United Nations High Commissioner for Refugees has described as a ban on asylum.

During the passage of the Nationality and Borders Act, many of us asked how the United Kingdom, which is surrounded by water, can ever be the first safe country of arrival for an undocumented migrant, an issue that my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) touched on. How can anyone traveling from Iran, Eritrea, Sudan, or practically anywhere else on the globe be expected to meet the third condition in clause 2(4) about not passing through a safe third country? Maybe there is some inventive way that the Minister can tell us about—he has paid so much attention to the debate. The hon. Member for East Worthing and Shoreham (Tim Loughton) should not have been surprised that the Minister was having conversations on the Front Bench, because he has spent most of the debate looking at his phone. I do not know whether there has been an update to Angry Birds or Candy Crush, or maybe it is just a particularly difficult Wordle today.

Nevertheless, what are the inventive ways in which people can reach this country without passing through a safe third country? If someone pushes off from the coast of Eritrea, navigates the horn of Africa, sails round the Cape of Good Hope, makes it up the north and south Atlantic ocean without straying into anybody else’s territorial waters and lands on the south coast of England, will they be allowed to claim asylum under clause 2? In fact, will there even be a way of knowing? That person would not even be allowed to make a claim, so when would they get the chance to prove that that was the journey they had undertaken?

In order to mitigate these ridiculous restrictions, the SNP has tabled amendments 186 to 196. I pay tribute to my hon. Friend the Member for Glasgow Central for humanising the people affected in the way that she did. The amendments would offer protection to people who are under the age of 18; people already determined as refugees under the terms of the refugee convention; people who face discrimination because of their sexual orientation; people who are victims of torture; people who have been trafficked or face slavery; people who have HIV or AIDS; and people who have come from Ukraine or from Afghanistan. Given the outrage we have heard today from sections of the Conservative party about the treatment of asylum seekers from Afghanistan, I hope the Government will be prepared to accept our amendment 189, or they will face the prospect of their Members joining us in the Lobby in support of it later on.

I asked the Minister yesterday, and he did not bother to respond—again, I am not sure he was listening—where the evidence is for the deterrent effect that these powers and the threat of immediate deportation are supposed to have. Why has the Nationality and Borders Act 2022 not had that impact? Should those powers not have already started to work, because the powers in clause 2(3) are backdated to 7 March, when the Bill was introduced? Surely there should already be a slowdown in the number of arrivals. If there is a reduction in arrivals from Albania, it is because of a separate arrangement that the Government have come to. The reality is that this clause and these powers will not have a deterrent effect.

Freedom from Torture identifies four principal reasons for its clients undertaking perilous journeys to reach these shores. One is

“to join family or community that could offer security and support”,

and another is

“because of familiarity with the UK’s language, culture and institutions”.

The UK Government spend thousands, probably millions of pounds promoting those things abroad, saying, “Britain is great. Come and get a Chevening scholarship. Come to the United Kingdom”, except when someone actually tries to apply, they cannot, unless they have an awful lot of money. Another of the reasons is

“the hope of reaching a place where human rights are respected”,

which is certainly ironic given the Bill in front of us and the clauses we are debating today. The final reason is

“a lack of safety in the countries they were passing through.”

There is very little that the Government can do to address any of those pull factors through legislation. Several stakeholders make the point that many arriving here have little or no familiarity with the asylum rules, so the punitive measures in the Bill, particularly the powers in clause 2, will do nothing to change that.

Amendments 174 and 175, which I have tabled, relate more specifically to the debate we heard yesterday about the clauses on safe and legal routes. The amendments would ensure that this House has a meaningful say on what the cap or target for entrants under safe and legal routes should be. The current proposal for a statutory instrument drafted by Ministers with no room for amendment would mean really no say at all. Brexit was supposed to be about parliamentary sovereignty and this place taking back control of decision making, so why Conservative Back Benchers are so keen to hand over powers to the Executive is not clear at all.

I also welcome new clause 29 tabled by my right hon. Friend the Member for Dwyfor Meirionnydd (Liz Saville Roberts). The commitment of Welsh Ministers and Senedd Cymru to making their country a place of sanctuary is hugely encouraging, and she is right to seek to make sure that the clauses in the Bill recognise and do not interfere with that commitment. Perhaps nation of sanctuary status is something that our new First Minister and his team will consider for Scotland, because we already aspire to those ideals, even if we do not use that formal term.

In conclusion, it is worth reflecting that Greek philosophers figured out in about 500 BC that the world was round. That does not seem to have sunk in on the far reaches of the Tory Back Benches. We cannot just keep pushing people away in the expectation that they might fall off a cliff at the edge of a flat earth. If we keep pushing people around the globe, eventually they will come back to us. Migration is a global reality. It is part of human nature. Over the centuries, people had to flee these islands because their crops were devastated by blight or because they were forced from the land to make way for sheep. It is just as well that America, Canada and Australia were not implementing hostile environment immigration policies back then, and it is just as well that we have global treaties and conventions to protect human rights and regulate how refugees and asylum seekers are treated by countries of arrival. That is not for this Government, however.

The exceptionalist attitude displayed by some Tories, which first led to Brexit, and which we see in amendments that have been tabled to the Bill, now stretches beyond the European Union and the Council of Europe to key United Nations frameworks that have sought to keep everyone on this planet safe since the end of the second world war. Withdrawing from those frameworks might be their ambition, but it is not the ambition of people in Glasgow North or people across Scotland. If the Government continue down the road they are going, the international agreement we will be withdrawing from is the Treaty of Union 1707.

[Beth Winter (Cynon Valley) (Lab)]

Having studied and listened to the entire debate today has only strengthened my resolve that we must oppose this rotten Bill in its entirety. It is inhumane. It is immoral, and it demonises and scapegoats the most vulnerable, desperate people who are fleeing violence, terror and poverty. We should be welcoming them with open arms.

As others have said, I have to express my concern at some of the inflammatory and inaccurate comments by some Conservative Members this afternoon. I also want to reiterate the concerns expressed about the lack of scrutiny: 10 or 12 hours to be considering in excess of 130 amendments is totally unacceptable. Notwithstanding my belief that the Bill should be thrown out in its entirety, I want to set out my concerns about some of the clauses and to speak in support of a number of amendments before the Committee.

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[Alison Thewliss]

Thank you very much, Sir Roger. I would be glad to return to the topics of the Bill.

At the back of the Bill is the schedule, which may be of interest to hon. Members, as it contains a list of 57 countries, including countries from which people are known to be trafficked into sex slavery in this country. The Republic of Albania is the first on the list. We know, because the evidence supports it, that there are people—women—being trafficked to this country to be held in facilities where they are raped repeatedly by men. Those women will now not be able to ask for safety, because if they do, they will be putting themselves at risk of being deported to Rwanda. As we know, traffickers will hold that over women as a threat; this Bill is a traffickers’ charter.

I had a look through the Human Rights Watch profiles of some of the countries on the list of 57 that Ministers deem to be safe countries to which people can be removed, and I had a long conversation with Rainbow Sisters about the difficulties for lesbian and bisexual women being returned to these countries. Men are also mentioned in the list, which reads:

Gambia (in respect of men)…Ghana (in respect of men)…Kenya (in respect of men)…Liberia (in respect of men)…Malawi (in respect of men)…Nigeria (in respect of men).”

Men can be removed to these countries, but Gambia, Jamaica, Kenya, Liberia, Malawi, Mauritius, Nigeria and Sierra Leone—which are in this list—all outlaw same-sex relations. Ministers are not going to ask when somebody arrives in this country in a dinghy or on a plane—however they arrive—anything about the circumstances of those people. They will quite simply put them on a plane and send them back, if they can. If they cannot, those people will be in limbo in this country forever because there will be no means of removing them.

[Patrick Grady]

I am sure that lots of Members in the House and lots of people watching at home will want my hon. Friend to continue the line-by-line scrutiny of the Bill in the time that is available by the order agreed to by the House. She mentions Malawi as an example. I am proud to chair the all-party parliamentary group on Malawi. Is not precisely the point that the individual circumstances of any asylum seeker who comes here need to be assessed? We cannot arbitrarily make decisions about individuals, because we do not know their individual cases. But the clauses in this Bill, and the schedule that she is talking about—

[The Second Deputy Chairman]

Order. I know that this measure arouses strong opinions, but we do have a process in this House: we have to stick to the amendments. There are no amendments to the schedule and the hon. Gentleman was not referring, so far as I can see, to any amendment. In the remaining stages of this debate, can we please now confine our arguments to what is on the amendment paper, not to what is not on the amendment paper?

--- Later in debate ---

[Alison Thewliss]

This matter is certainly pertinent to the amendments that we have tabled. Humza’s grandparents came here as immigrants. Under this Bill, they would not be able to find their way here in the same way. That is true of many people in this country who have come here and built their lives. Some of them have ended up as legislators in this place and are drawing the ladder up behind them. Humza has made it incredibly clear how grateful he is that he has this opportunity. His grandparents could not have imagined, when they came to the UK with very little and with no money in their pockets, that they could work their way up through society and that their grandson could aspire to achieve the highest position in Scotland—to be the First Minister of Scotland.

Instead of demonising immigrants, instead of demonising the people who come to this country, instead of saying to people such as Mo Farah that they would not get to come here in the future, we should listen to the experiences of people who have come here, who have made their lives here. We should thank those people for what they have contributed. We should thank them for doing us the honour of choosing to come to this country and making their home and life here. When we do not recognise that contribution, when Ministers pull the ladder up behind them, and when they prevent people from coming here, it makes this country poorer.

[Patrick Grady]

Is that not the importance of my hon. Friend’s amendment 189, which we are discussing today? She humanised each amendment she tabled by giving them different names; she said that perhaps 189 should be called Tobias’s amendment, because it is specifically to exempt Afghan asylum seekers. Should not every Conservative Member who got up today to express their outrage at the way Afghan refugees and asylum seekers have been treated in this country be expected to join us in the Lobby shortly—or in about half an hour’s time, when we reach the knife—to vote for amendment 189?

[Alison Thewliss]

They should indeed. Amendment 189 recognises not just the plight of Afghans facing a terrible situation, but the contribution of Afghans such as Abdul Bostani, a councillor in Glasgow who came here as a refugee and now represents the city of Glasgow. It also recognises the contribution of people such as Sabir Zazai, the chief executive of the Scottish Refugee Council, who came here as a child in the back of a lorry. Under this Bill he would be demonised and removed to Rwanda if he came here in similar circumstances.

[Patrick Grady]

Am I not right in thinking that Sabir Zazai has been made an Officer of the Most Excellent Order of the British Empire? That is what asylum seekers can achieve in this country if they are allowed to flourish. That is what our amendment—

[The Second Deputy Chairman]

Order. Hon. Members are in danger of abusing the House. I am being scrupulously fair and trying to ensure that everything that is said remains in order. The hon. Gentleman was out of order. Now, will the hon. Member for Glasgow Central please conclude her remarks so that the Minister, if he wishes to, may respond? We will then move to the Divisions.