Nationality and Borders Bill

Paul Blomfield Excerpts

Consideration of Lords message
Tuesday 26th April 2022 Commons Chamber

[Tom Pursglove]

I am afraid that we often hear long and convoluted explanations of why we should just accept the status quo, why we should do nothing and why all the interventions are wrong. We hear no credible alternative for putting right the problems in the system. Reform is required and is overdue. That is why we are determined to get on with delivering it.

[Paul Blomfield (Sheffield Central) (Lab)]

The Minister will recognise that, when we last debated the Bill, the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), pointed out that one alternative for dealing with the asylum backlog is investing in the current system.

The central premise of this Bill is that, as an alternative to irregular routes, there should be safe and legal routes. Aside from the specific programmes for Ukraine, Afghanistan and Hong Kong, will the Minister spell out clearly to the House what legal routes are available to asylum seekers?

[Tom Pursglove]

I will not repeat the many, many occasions on which I have set out on the Floor of the House and in Committee during the Bill’s passage the many and varied safe and legal routes that exist. My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, has rightly touched on the need to reform the casework situation, which is precisely what we are doing through the new plan for immigration. I encourage him to be in the right Lobby this evening to help us get on with delivering on that priority, which is one priority among a number as we reform the system.

It is simply unnecessary, inappropriate and unconstitutional for the courts to have a duty to make declarations of incompatibility in circumstances where questions of compliance have already been determined by Parliament, so we cannot accept Lords amendment 5D.

On differentiation, Lords amendments 6D to 6F would make it harder to differentiate by placing significant evidential burdens on the Secretary of State. They would also set out our existing legal obligations on the face of the Bill, such as our duties under the refugee convention and the European convention on human rights, especially the article 8 right to family life. All of this is either unnecessary or unacceptable. We therefore do not accept these amendments.

Finally, the arguments on the right to work have been well rehearsed at several points in the passage of the Bill. In principle, we are concerned about the way in which this would undercut the points-based system, which we believe is the right system for facilitating lawful migration into our country—that skills-based approach, exactly as the British people voted for in the referendum in 2016. I go back to this point: our objective is to speed up caseworking, which then, of itself, ensures that we do not need to go down the route—