Nationality and Borders Bill

Paul Blomfield Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab) [V]]

Albeit remotely, may I join colleagues in saying what a pleasure it is to welcome you to the Chair, Madam Deputy Speaker?

I am pleased to have the opportunity to speak about the Bill, having worked on migration policy in one form or another for much of the decade that I have been a Member of the House. That has taught me that, like many complex policy problems, these issues are most effectively dealt with when we try to work across the House, aiming for consensus where we can find it. That is what we did with the 2014 cross-party inquiry on immigration detention, and its recommendations for a statutory limit and its ambition for community based alternatives were accepted by the House, although still not by the Government.

There is consensus that there are problems with the asylum system, and we are all clearly appalled by the desperate journeys that we see people making across the channel. However, the Bill does not aim to solve the problems with our asylum system; it simply plays to the gallery. It is introduced by a Home Secretary who has been found out for making false claims to pitch for headlines, fuelling another culture war that has sadly been reflected in some of the speeches today. We really should do better with such an important issue.

The Bill cynically claims to support refugees by cracking down on criminal gangs, but in fact it makes pathways to refuge more difficult and dangerous for the most desperate. Whipping up divisive rhetoric about illegal entry to the UK, the Bill proposes to criminalise irregular entry, and it flouts our obligations under article 31 of the 1951 refugee convention, according to the UN Refugee Agency. That refugee convention was signed by Attlee’s Government as we responded to lessons from the second world war, and to lessons from pre-war hostility in the media and among politicians to those fleeing Nazi persecution in Germany. The convention prevents states from imposing penalties on account of mode of entry, but as Members know, the Bill disregards that duty altogether by creating a two-tier system.

This is another instance of where this Government are content to degrade our status on the global stage by breaching international agreements and laws to which we have signed up. Clause 10, on the differential treatment of refugees depending on mode of arrival, includes provisions on whether family members will be granted family reunion, on the length of leave to remain given, and on whether a condition of no recourse to public funds is attached. The Bill discriminates in so many ways, and if it passes in its current form, a woman who, through desperation, has fled an abusive relationship in a dangerous country, without passing through a safe and legal route, could be criminalised with a four-year prison sentence. As refugee women whom I met recently told me, we should remember that the nature of women seeking asylum is often a desperate and frantic journey that is incongruent with Home Office procedures.

The Bill’s focus on safe and legal routes would be more understandable if it set out additional provision, but it does not. The UK resettlement scheme that opened earlier this year is not transparent and there is very little information about it in the public domain, so the Home Secretary must see that it is not a viable route for those fleeing urgent danger to seek refuge. In its first month, March 2021, the route settled just 25 refugees. While the Bill has no targets for resettlement and while the only such route is making no significant contribution, the Home Secretary’s rhetoric about safe and legal routes is empty.

The Home Secretary often professes the UK’s generosity in resettlement, suggesting that we take more refugees than our European neighbours; we have heard that in many speeches today. In fact, according to the most recent available data, in 2019 Germany resettled more than three times as many refugees as the UK, while Sweden and Norway, which are much smaller countries, both resettled more refugees than we did—and that was while the Syrian vulnerable persons resettlement scheme was still open. That route has now been closed, reducing the safe and legal pathways available to those seeking asylum.

The Bill contains worrying proposals that will allow for inhumane treatment of those who arrive through irregular routes. Clause 12 makes provision that

“An asylum claim must be made…at a designated place”,

paving the way for the offshore reception centres that the Government have flirted with. The Bill’s amendments to section 77 of the Nationality, Immigration and Asylum Act 2002 will enable the offshore processing of asylum seekers while their claims or appeals are still pending. The reported proposals for processing centres in Rwanda and other locations are not only seriously concerning because of the potential for indefinite detention and warehousing of asylum seekers in out-of-sight, out-of-mind locations, but frankly ridiculous because the Government have failed to strike any kind of international agreement on processing asylum claims or removals to safe countries. Frankly, their bullish approach to international relations post Brexit has left the prospect of any kind of replacement for Dublin III looking unlikely.

Finally, although there are many more issues in the Bill to discuss, I want to cover the proposed changes to the asylum process. Like many others, I am seriously worried that they will disadvantage the most vulnerable, particularly women. Clause 24 proposes that the appeals process be fast-tracked, while clause 23 proposes that judges be told to give “minimal weight” to evidence raised by an asylum seeker later in the process, unless there are exceptional circumstances. Clauses 16, 17, 20 and 23 contain provisions to penalise a submission of late evidence in a case. They ignore the reality of how asylum claims are made and how those seeking asylum can gather and provide evidence.

I recently met refugee women in a meeting facilitated by the charity Women for Refugee Women. They explained how a one-stop process would force traumatised women to raise all the reasons that they need protection at the outset or risk being penalised. Those who have experienced extreme trauma may simply be unable to do that—we know that—and must not be discriminated against for the very circumstances that have led them to seek asylum in our country.

When we seek to reform our asylum system, which does need reform, we should put those most at risk and most in need at its core, alongside the values for which this country stands. Sadly, the Bill has dog-whistle politics at its heart, not those values of which should be proud or the people we should protect. I urge Members to vote against it tonight.