Debates between Paul Blomfield and Robert Goodwill during the 2019 Parliament

Nationality and Borders Bill (Fourteenth sitting)

Debate between Paul Blomfield and Robert Goodwill
Tuesday 2nd November 2021

(2 years, 5 months ago)

Public Bill Committees
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Paul Blomfield Portrait Paul Blomfield
-

I understand that the Government seek to delete clause 58 and replace it with new clauses 29 to 37, which provide more detail. However, the detail does not offer any reassurance; quite the contrary.

Robert Goodwill Portrait Mr Robert Goodwill (Scarborough and Whitby) (Con)
- - Excerpts

Does the hon. Gentleman accept that new clause 32 makes amendment 150 superfluous, as it talks about the scientific input into age determination?

Paul Blomfield Portrait Paul Blomfield
-

I thank the right hon. Gentleman for his intervention, but he is completely wrong and I will explain why shortly.

In existing clause 58 and the new Government clauses, the Government want to introduce new regulations and a standard of proof for age assessments, to compel local authorities to assess age, to allow the use of “scientific methods” to assess age, despite widespread concerns from professional bodies about the validity or accuracy of any such methods, and to penalise children for not consenting to these potentially harmful interventions.

Children who come to the UK on their own, from countries such as Afghanistan, Sudan and Eritrea, face a unique problem when asked to prove their date of birth. The registration of births and the importance placed on chronological age differs across the world, and many are genuinely unable to show official identity documents, such as passports or birth certificates, because they have never had them in the first place, they have had them taken away from them, they have lost them in the chaos of fleeing, or sometimes they have had to destroy them en route.

Disputes over age can also arise from a lack of understanding of the way in which dates are calculated in other countries and cultures, and associated confusion over what is being said by a child about his or her age. So, one might reasonably ask, why are the Government making so much of this issue?

Robert Goodwill Portrait Mr Goodwill
- - Excerpts

Does the hon. Gentleman not agree that there are incentives for adults to pass themselves off as children? If the age assessment is done incorrectly, the result could be adults being placed in schools or local authority care, putting children at risk.

None Portrait The Chair

I call Robert Goodwill—sorry, I meant Paul Blomfield.

Paul Blomfield Portrait Paul Blomfield
-

He can have another go if he wants.

I hear what the right hon. Member for Scarborough and Whitby is saying. I remember watching a BBC programme recently—I think it was on the BBC—on the Kindertransport. The same debate was had about Jewish refugees fleeing Nazi Germany after Kristallnacht. Some were slightly older than the age restriction of the time. I do not know whether the right hon. Gentleman thinks that this legislation would have been appropriate at that time. We could have turned them around and sent them back to the Nazis.

Paragraph 24 of the explanatory notes states:

“Since 2015, the UK has received, on average, more than 3,000 unaccompanied asylum-seeking children per year. Where age was disputed and resolved from 2016-2020, 54% were found to be adults”.

Clearly, 54% is a big number, but the data in the notes is more than a little selective.

According to Home Office statistics, for the most recent normal year unaffected by the pandemic, which was 2019, there were 4,005 unaccompanied children applications. Of those, 748 had their age disputed and 304 were found to be adults. That is just over 7% of child applicants. The problem is that that is in no way as prolific as purported by the explanatory notes. The actual number is likely to be lower, because the Home Office stats do not include decisions later overturned following advocacy or reviews by judges.

Again, the Government have a problem finding evidence to justify a proposal in the Bill. This is clearly not the first time this has happened. I see that the Home Secretary got herself into trouble with the Lords Justice and Home Affairs Committee today by being unable to come up with the facts to justify one of her wilder allegations about those crossing the channel. Nevertheless, the Government are ploughing ahead with their plans to use scientific methods to assess age.

I now turn specifically to new clause 32, which does not offer any of the clarity that the right hon. Member for Scarborough and Whitby suggested. Proposed new subsection (2) mentions the

“types of scientific method that may be specified”,

and that the two specified might be included. However, proposed new subsection (9) goes out of its way to state:

“This section does not prevent the use of a scientific method that is not a specified scientific method for the purposes of an age assessment under”

the previous proposed new section,

“if the decision-maker considers it appropriate to do so”.

New clause 32 is therefore saying: “Any scientific method that we can come up with at any time in the future will be legitimate.”

Robert Goodwill Portrait Mr Goodwill
- - Excerpts

I understand the point that the hon. Gentleman is trying to make, but I am worried that he is saying, “Well, we’ll give a lot of people the benefit of the doubt”, which could result in large numbers of adults being placed in settings that are appropriate for children. Surely he is aware that since the 2003 case, age assessments have been Merton compliant. Any actions that the Government take to follow through on the Bill becoming law will obviously be tested in the courts in the same way as the early years situation.

Paul Blomfield Portrait Paul Blomfield
-

I refer the right hon. Gentleman to what my amendment 150 proposes. All it asks is that the Government should be required to take into account relevant scientific and medical evidence, consulting reports of the ethical committees of the appropriate medical and dental professions, on the Government’s planned use of scientific methods for assessing age.

What do the experts think? The British Dental Association called dental X-rays for age assessments “inaccurate and unethical”, which is a theme that relates to the rest of the Bill—it will not do what it says it will do. The Government apparently told some journalists that they do not plan to use dental X-rays anyway, but the Bill leaves that option open, so forgive us if we do not take casual briefings to journalists on the side as a way to determine the Government’s future conduct on this issue.

The Government are apparently planning to use wrist X-rays, which the British Medical Association tells us it has “serious concerns” about because

“they would involve direct harms without any medical benefit to the individual”,

as radiation exposure over a lifetime should be kept as minimal as possible. The BDA agrees:

“The process of radiography is a medical procedure that should be carried out only for medical purposes, and where the patient stands to benefit. Exposing children to radiation when there is no medical benefit is simply wrong.”

The BMA also warns that

“the evidence supporting the accuracy of the process is extremely weak”.

We are back to the same old theme: there is no real evidence to support what the Government are doing. The BMA goes on to say that the process is particularly weak where,

“as in the case of most asylum seekers, there is a shortage of appropriate age and cultural comparators.”

Yet again, Ministers are introducing ineffective proposals without any evidence, making those seeking asylum—in this case, children—part of the narrative of “Let’s assume bad faith, and let’s assume that everybody is trying to play the system.” It will not work, but it is designed to grab headlines and to make it seem as though the Government are talking tough, rather than dealing with the genuine issues on which we agree, such as stopping those who are forced out of desperation to make journeys across the channel. I urge the Minister to accept our amendment or, better still, to just withdraw the clause.

--- Later in debate ---
Paul Blomfield Portrait Paul Blomfield
-

The amendment would require the Home Secretary to publish impact assessments on the effect of clause 59 both on nationals from the countries in subsection (3) and on the UK’s economy and trade.

The Government plan to replace clause 59 with Government new clauses 9 and 10. This is a slightly more developed version of the proposal to punish the nationals of countries if the Government consider their Governments to have been unco-operative on returns. The explanatory notes for clause 59 do not explain its purpose—because it was a placeholder clause, there was no detail—so I assume it is to act as an incentive for countries to co-operate with returns, but I hope that the Minister will seek to provide some evidence of that.

The explanatory notes do state that

“a very small number of countries do not cooperate”

with returns, suggesting that penalties would apply only to a limited number of states. However, a report in The Daily Telegraph on 15 October—presumably briefed by the Government, which is the way we seem to get information these days—said that

“Pakistan, Iran, Iraq, Sudan, Eritrea and Philippines”

are countries understood not to co-operate with returns. We know that the majority of those on that list have conditions that mean returns are unlikely anyway, as there are strong asylum cases from them, so we know that the deterrents will not work. So, I would like to press the Minister a little bit more on what the Government expect to achieve with these revisions.

Robert Goodwill Portrait Mr Goodwill
- - Excerpts

Surely what the hon. Gentleman says defies logic. If we are going to give visas to nationals of a particular country and we know there is a risk they may overstay, surely we can be more generous and more engaged with that country if we know that those overstayers can be removed. In the case of visas, we will have biometric data, so that there is no doubt about a person’s identity.

Paul Blomfield Portrait Paul Blomfield
-

I hear what the right hon. Member is saying, but the scope of this provision seems to go much wider than that. It seeks to introduce punitive measures, including on visa charges and so on, for individuals who may be applying, and I will develop that point. It is nothing to do with overstaying. This is about countries that are unco-operative on returns in other contexts.

I want to press the Minister on what the Government expect to achieve by this. For example, it is not in our interests to sanction doctors, nurses or engineers who have been recruited to the UK from one country with longer visa processing times or higher charges, and that would be deeply damaging for our diaspora communities. Again, it feels as if we have proposals picked from headlines, which are not in the country’s interests.

Robert Goodwill Portrait Mr Goodwill
- - Excerpts

It might help some of these countries if we did not plunder their health professionals, who have trained at the expense of that country, and actually trained our own instead.

Paul Blomfield Portrait Paul Blomfield
-

I am interested in that observation, and I hope the right hon. Gentleman will lead the charge to persuade the Government to allocate far more resources for the training of health professionals and to tackle the crisis they have created within our health service over the past 11 years.

Amendment 151 will try to ensure that the Government are clear-eyed about the impact of their policy and the trade-offs they are prepared to make, as well as the impact on UK public services, communities and businesses. The amendment would allow the public to examine that trade-off, too. It would ensure that the Government track the impact of their policy, and are transparent with business and trade over the impact any visa penalties might have, either through reduced travel or through deteriorating relationships with those countries.

The Government talk a lot about global Britain, but through our examination of the Bill we have seen many threats to that and a lot of ways in which they plan on sowing discord with other nations around the world, damaging our reputation in the international community. I know that the Minister will not vote for clause 59 stand part, but I would welcome his thoughts on the wider impact of the replacement clauses, along the lines of my amendment. I would appreciate it if he could tell us whether any such impact assessments are being considered.

I have an important point to make about new clauses 9 and 10, to which I hope the Minister can respond. There is significant concern that these clauses will prevent people from joining refugees in the UK through the family reunion route. Let us consider the countries cited in The Daily Telegraph again: Pakistan, Iran, Iraq, Sudan, Eritrea and the Philippines. Since the start of 2019, 8,480 people from Iran, Iraq, Sudan and Eritrea have been granted refugee family reunion visas to join loved ones in the UK. That equates to just over half—53%—of all family visas granted over that period. Some 3,584 of those visas were for children and 5,771 for women or girls. The new clause, as drafted, would potentially apply to visas for refugees coming to the UK under one of the Home Office’s resettlement schemes, including the relocation scheme for Afghan nationals who have previously worked with the UK Government or applicants from Hong Kong for British national overseas visas.

So, if the Government are determined to proceed with these new clauses, at the very least new clause 9 needs to be amended to include an exemption for refugee family reunion and other protection routes. I should be grateful if the Minister would indicate whether the Government are willing to do that.

Nationality and Borders Bill (Fourteenth sitting)

Debate between Paul Blomfield and Robert Goodwill
Paul Blomfield Portrait Paul Blomfield
- Hansard - -

I understand that the Government seek to delete clause 58 and replace it with new clauses 29 to 37, which provide more detail. However, the detail does not offer any reassurance; quite the contrary.

Robert Goodwill Portrait Mr Robert Goodwill (Scarborough and Whitby) (Con)
- Hansard - - - Excerpts

Does the hon. Gentleman accept that new clause 32 makes amendment 150 superfluous, as it talks about the scientific input into age determination?

Paul Blomfield Portrait Paul Blomfield
- Hansard - -

I thank the right hon. Gentleman for his intervention, but he is completely wrong and I will explain why shortly.

In existing clause 58 and the new Government clauses, the Government want to introduce new regulations and a standard of proof for age assessments, to compel local authorities to assess age, to allow the use of “scientific methods” to assess age, despite widespread concerns from professional bodies about the validity or accuracy of any such methods, and to penalise children for not consenting to these potentially harmful interventions.

Children who come to the UK on their own, from countries such as Afghanistan, Sudan and Eritrea, face a unique problem when asked to prove their date of birth. The registration of births and the importance placed on chronological age differs across the world, and many are genuinely unable to show official identity documents, such as passports or birth certificates, because they have never had them in the first place, they have had them taken away from them, they have lost them in the chaos of fleeing, or sometimes they have had to destroy them en route.

Disputes over age can also arise from a lack of understanding of the way in which dates are calculated in other countries and cultures, and associated confusion over what is being said by a child about his or her age. So, one might reasonably ask, why are the Government making so much of this issue?

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

Does the hon. Gentleman not agree that there are incentives for adults to pass themselves off as children? If the age assessment is done incorrectly, the result could be adults being placed in schools or local authority care, putting children at risk.

None Portrait The Chair
- Hansard -

I call Robert Goodwill—sorry, I meant Paul Blomfield.

Paul Blomfield Portrait Paul Blomfield
- Hansard - -

He can have another go if he wants.

I hear what the right hon. Member for Scarborough and Whitby is saying. I remember watching a BBC programme recently—I think it was on the BBC—on the Kindertransport. The same debate was had about Jewish refugees fleeing Nazi Germany after Kristallnacht. Some were slightly older than the age restriction of the time. I do not know whether the right hon. Gentleman thinks that this legislation would have been appropriate at that time. We could have turned them around and sent them back to the Nazis.

Paragraph 24 of the explanatory notes states:

“Since 2015, the UK has received, on average, more than 3,000 unaccompanied asylum-seeking children per year. Where age was disputed and resolved from 2016-2020, 54% were found to be adults”.

Clearly, 54% is a big number, but the data in the notes is more than a little selective.

According to Home Office statistics, for the most recent normal year unaffected by the pandemic, which was 2019, there were 4,005 unaccompanied children applications. Of those, 748 had their age disputed and 304 were found to be adults. That is just over 7% of child applicants. The problem is that that is in no way as prolific as purported by the explanatory notes. The actual number is likely to be lower, because the Home Office stats do not include decisions later overturned following advocacy or reviews by judges.

Again, the Government have a problem finding evidence to justify a proposal in the Bill. This is clearly not the first time this has happened. I see that the Home Secretary got herself into trouble with the Lords Justice and Home Affairs Committee today by being unable to come up with the facts to justify one of her wilder allegations about those crossing the channel. Nevertheless, the Government are ploughing ahead with their plans to use scientific methods to assess age.

I now turn specifically to new clause 32, which does not offer any of the clarity that the right hon. Member for Scarborough and Whitby suggested. Proposed new subsection (2) mentions the

“types of scientific method that may be specified”,

and that the two specified might be included. However, proposed new subsection (9) goes out of its way to state:

“This section does not prevent the use of a scientific method that is not a specified scientific method for the purposes of an age assessment under”

the previous proposed new section,

“if the decision-maker considers it appropriate to do so”.

New clause 32 is therefore saying: “Any scientific method that we can come up with at any time in the future will be legitimate.”

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

I understand the point that the hon. Gentleman is trying to make, but I am worried that he is saying, “Well, we’ll give a lot of people the benefit of the doubt”, which could result in large numbers of adults being placed in settings that are appropriate for children. Surely he is aware that since the 2003 case, age assessments have been Merton compliant. Any actions that the Government take to follow through on the Bill becoming law will obviously be tested in the courts in the same way as the early years situation.

Paul Blomfield Portrait Paul Blomfield
- Hansard - -

I refer the right hon. Gentleman to what my amendment 150 proposes. All it asks is that the Government should be required to take into account relevant scientific and medical evidence, consulting reports of the ethical committees of the appropriate medical and dental professions, on the Government’s planned use of scientific methods for assessing age.

What do the experts think? The British Dental Association called dental X-rays for age assessments “inaccurate and unethical”, which is a theme that relates to the rest of the Bill—it will not do what it says it will do. The Government apparently told some journalists that they do not plan to use dental X-rays anyway, but the Bill leaves that option open, so forgive us if we do not take casual briefings to journalists on the side as a way to determine the Government’s future conduct on this issue.

The Government are apparently planning to use wrist X-rays, which the British Medical Association tells us it has “serious concerns” about because

“they would involve direct harms without any medical benefit to the individual”,

as radiation exposure over a lifetime should be kept as minimal as possible. The BDA agrees:

“The process of radiography is a medical procedure that should be carried out only for medical purposes, and where the patient stands to benefit. Exposing children to radiation when there is no medical benefit is simply wrong.”

The BMA also warns that

“the evidence supporting the accuracy of the process is extremely weak”.

We are back to the same old theme: there is no real evidence to support what the Government are doing. The BMA goes on to say that the process is particularly weak where,

“as in the case of most asylum seekers, there is a shortage of appropriate age and cultural comparators.”

Yet again, Ministers are introducing ineffective proposals without any evidence, making those seeking asylum—in this case, children—part of the narrative of “Let’s assume bad faith, and let’s assume that everybody is trying to play the system.” It will not work, but it is designed to grab headlines and to make it seem as though the Government are talking tough, rather than dealing with the genuine issues on which we agree, such as stopping those who are forced out of desperation to make journeys across the channel. I urge the Minister to accept our amendment or, better still, to just withdraw the clause.

--- Later in debate ---
Paul Blomfield Portrait Paul Blomfield
- Hansard - -

The amendment would require the Home Secretary to publish impact assessments on the effect of clause 59 both on nationals from the countries in subsection (3) and on the UK’s economy and trade.

The Government plan to replace clause 59 with Government new clauses 9 and 10. This is a slightly more developed version of the proposal to punish the nationals of countries if the Government consider their Governments to have been unco-operative on returns. The explanatory notes for clause 59 do not explain its purpose—because it was a placeholder clause, there was no detail—so I assume it is to act as an incentive for countries to co-operate with returns, but I hope that the Minister will seek to provide some evidence of that.

The explanatory notes do state that

“a very small number of countries do not cooperate”

with returns, suggesting that penalties would apply only to a limited number of states. However, a report in The Daily Telegraph on 15 October—presumably briefed by the Government, which is the way we seem to get information these days—said that

“Pakistan, Iran, Iraq, Sudan, Eritrea and Philippines”

are countries understood not to co-operate with returns. We know that the majority of those on that list have conditions that mean returns are unlikely anyway, as there are strong asylum cases from them, so we know that the deterrents will not work. So, I would like to press the Minister a little bit more on what the Government expect to achieve with these revisions.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

Surely what the hon. Gentleman says defies logic. If we are going to give visas to nationals of a particular country and we know there is a risk they may overstay, surely we can be more generous and more engaged with that country if we know that those overstayers can be removed. In the case of visas, we will have biometric data, so that there is no doubt about a person’s identity.

Paul Blomfield Portrait Paul Blomfield
- Hansard - -

I hear what the right hon. Member is saying, but the scope of this provision seems to go much wider than that. It seeks to introduce punitive measures, including on visa charges and so on, for individuals who may be applying, and I will develop that point. It is nothing to do with overstaying. This is about countries that are unco-operative on returns in other contexts.

I want to press the Minister on what the Government expect to achieve by this. For example, it is not in our interests to sanction doctors, nurses or engineers who have been recruited to the UK from one country with longer visa processing times or higher charges, and that would be deeply damaging for our diaspora communities. Again, it feels as if we have proposals picked from headlines, which are not in the country’s interests.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

It might help some of these countries if we did not plunder their health professionals, who have trained at the expense of that country, and actually trained our own instead.

Paul Blomfield Portrait Paul Blomfield
- Hansard - -

I am interested in that observation, and I hope the right hon. Gentleman will lead the charge to persuade the Government to allocate far more resources for the training of health professionals and to tackle the crisis they have created within our health service over the past 11 years.

Amendment 151 will try to ensure that the Government are clear-eyed about the impact of their policy and the trade-offs they are prepared to make, as well as the impact on UK public services, communities and businesses. The amendment would allow the public to examine that trade-off, too. It would ensure that the Government track the impact of their policy, and are transparent with business and trade over the impact any visa penalties might have, either through reduced travel or through deteriorating relationships with those countries.

The Government talk a lot about global Britain, but through our examination of the Bill we have seen many threats to that and a lot of ways in which they plan on sowing discord with other nations around the world, damaging our reputation in the international community. I know that the Minister will not vote for clause 59 stand part, but I would welcome his thoughts on the wider impact of the replacement clauses, along the lines of my amendment. I would appreciate it if he could tell us whether any such impact assessments are being considered.

I have an important point to make about new clauses 9 and 10, to which I hope the Minister can respond. There is significant concern that these clauses will prevent people from joining refugees in the UK through the family reunion route. Let us consider the countries cited in The Daily Telegraph again: Pakistan, Iran, Iraq, Sudan, Eritrea and the Philippines. Since the start of 2019, 8,480 people from Iran, Iraq, Sudan and Eritrea have been granted refugee family reunion visas to join loved ones in the UK. That equates to just over half—53%—of all family visas granted over that period. Some 3,584 of those visas were for children and 5,771 for women or girls. The new clause, as drafted, would potentially apply to visas for refugees coming to the UK under one of the Home Office’s resettlement schemes, including the relocation scheme for Afghan nationals who have previously worked with the UK Government or applicants from Hong Kong for British national overseas visas.

So, if the Government are determined to proceed with these new clauses, at the very least new clause 9 needs to be amended to include an exemption for refugee family reunion and other protection routes. I should be grateful if the Minister would indicate whether the Government are willing to do that.

Nationality and Borders Bill (Tenth sitting)

Debate between Paul Blomfield and Robert Goodwill
Robert Goodwill Portrait Mr Robert Goodwill (Scarborough and Whitby) (Con)
- Hansard - - - Excerpts

Does the hon. Gentleman accept that not all the delays are down to the Home Office? In many people’s view, the thousands of judicial reviews that are done, the vast majority of which fail, are there to buy more time for the applicant possibly to come up with a reason for an article 8 application.

Paul Blomfield Portrait Paul Blomfield
- Hansard - -

There is an exception to every rule, so I am prepared to accept that not all the problems are down to the Home Office. We discussed that issue earlier. The fact that some people may seek to abuse the system does not mean that the system should be changed to focus on those cases. We should operate on the basis that everybody has a right to access and utilise the judicial processes that are available.

As I was saying, the backlog has risen at a time when the number of asylum applications for the year ending June 2021 fell. We know that is reflected across the system; it is not just a problem with asylum. In the relatively straightforward area of EU settled status, recent data from the Home Office in response to a freedom of information request showed that, in June, more than 26,000 EU citizens had been waiting for more than a year for a decision; more than 216,000 had been waiting for more than six months; and more than 680,000 had been waiting for more than three months.

The problem of delays is endemic in the Home Office, and there were no JRs involved in those numbers. In the asylum process, delay is not only seriously detrimental to the individuals, but—we have returned to this point a number of times, and will again—hugely costly to the taxpayer, so any measure that will exacerbate rather than correct the issue is unconscionable.

The assumption behind the measures in clause 20 and related causes is that those trapped in the system are to blame, as was echoed in the exchange we just had. Blaming others is a common approach of the Government on a wide range of issues such as covid, where GPs are the lightning rod for discontent, and Brexit, where we blame everybody going other than those who negotiated the deal. That ignores the reality that those trapped in the system want decisions to be expedited as soon as they can. They want to move on with their lives. Those who are successful want to take the opportunity to work and contribute to our society.

We need more resources from the Home Office to tackle the backlog. It is welcome that there has been some acknowledgement of that. I saw that the permanent secretary said at the Home Affairs Committee last month that the Home Office is planning to almost double the number of caseworkers, which is extremely positive. It is delayed recognition of where the problem might lie, but they should not be seeking to undermine applicants, which subsection (3) of clause 20 does by specifying that the Secretary of State or the competent authority must consider evidence being brought late as damaging to a claimant’s credibility unless there are good reasons why it was brought late. We come again to this issue, which we debated in relation to an earlier clause, of good reasons.

As there is no explanation before us, either in the legislation or in the explanatory notes, of what might constitute good reasons, amendment 139 seeks to help the Government, in a collegial spirit, by inviting the Secretary of State to publish a framework that allows the consideration of the effect of post-traumatic stress and potential endangerment on the provision of evidence. I do not think that any of us could object to the idea that post-traumatic stress and potential endangerment would be good reasons, so I will be interested to hear the Minister explain, if in fact he does not embrace the amendment, why that is the case, because we go on to suggest that he might also publish the other factors that would be seen to be good reasons.

The clause serves to shift from a presumption of guilty until proven innocent, again echoing an earlier discussion, back to our legal system’s norm of innocent until proven guilty. As it stands, unamended, it is not in the spirit of the law or of British values, and it should not be in the Bill.

--- Later in debate ---
Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

I am sure the Opposition understand that when someone is given a police caution when they are about to be arrested they are told, “It may harm your defence if you do not mention when questioned something you later rely on.” Is the clause not basically about the same principle being applied to immigration cases?

Nationality and Borders Bill (Third sitting)

Debate between Paul Blomfield and Robert Goodwill
Robert Goodwill Portrait Mr Robert Goodwill (Scarborough and Whitby) (Con)
- Hansard - - - Excerpts

Q Welcome, Your Excellency. You said that in 2014 your policies had successfully stemmed the flow of illegal migrants. In September 2015 you announced that you would take 12,000 Syrians and Iraqis into Australia. Do you feel that you would have been in a position to do that, and had the capacity to do that, had you not stemmed the flow of illegal migrants into your country?

George Brandis: I remember that decision very well; it was an NSC decision and I remember the debate as if it were yesterday. I am very proud that Australia did that. Sir, let me answer your question in this way. What we have found in Australia—this is both the view of those who have studied the issue and empirically verified by many public opinion surveys—is that there is a very direct correlation between the public’s willingness to accept a big immigration programme, with a big humanitarian and refugee element, and public confidence that the Government are in control of the borders. When the public have that confidence, they back a big immigration programme. When that confidence is eroded, they are less enthusiastic about it.

That sentiment was captured by former Prime Minister Howard in words that became almost a mantra in Australian politics of the day. He said in 2004, “We will always fulfil our humanitarian obligations, but we will decide who comes into this country and the circumstances in which they come.” Australia is a big immigration nation. To give some figures, in the year in which the Syrian refugee programme was at its most ambitious, 2016-17, Australia accepted 21,968 refugees under our various humanitarian programmes. We also accepted, under our other immigration programmes—skilled migration; family reunions—183,608 people. More than 200,000 people came that year, of whom about 10% came under humanitarian and refugee programmes.

The numbers have gone up and down a bit. That was the biggest year because of the Syrian element, which was an additional element to the normal humanitarian and refugee programme. In the most recent year, 2019-20, we accepted 140,366 people—13,171 people under our humanitarian and refugee programme. The numbers over the last several years have fluctuated between more than 13,000 and almost 22,000 per year under our humanitarian and refugee programme. In most of those years that is per capita the most generous humanitarian and refugee programme in the world, second only to Canada.

Paul Blomfield Portrait Paul Blomfield (Sheffield Central) (Lab)
- Hansard - -

Q Thank you, High Commissioner, for taking the time to join us. To follow up on my colleague’s question about cost, I was looking through some figures from your Department of Home Affairs that suggested that the cost of the offshore programme was about $1 billion a year. Does that figure seem about right? Individually, the cost is just over $9,000 per day for every person held offshore.

George Brandis: I do not have the figures in front of me. I am not suggesting that it was not a programme that cost money to implement and administer. It was implemented and administered by foreign Governments: the Governments of Nauru and New Guinea. Nevertheless, a substantial proportion of the funding came from Australia. I am not disputing the figure that you give; you have done the research, sir. I do not have the financial figures, but may I take that question on notice and get them to you?