Immigration and Asylum Bill (Tenth sitting)

Debate between Paul Kohler and Blake Stephenson

Committee stage
Thursday 22nd October 2026 Public Bill Committees

[Mr Paul Kohler (Wimbledon) (LD)]

Amendment 50 addresses the fact that, according to the clause, children will become indebted on their 18th birthday—we have heard an indicative amount of £10,000, but it might be more. Clearly, no child has contributed fiscally when they reach maturity to the benefits they have received from the state—be that benefits or education—but the clause is othering child refugees and seems wrong in principle and wrong in practice. I ask the Minister: does it apply to all child refugees who reach maturity while receiving asylum support? Does it apply to victims of trafficking, for example? This seems wholly wrong. As I say, if we want refugees to integrate, othering them in this way does no good whatsoever and simply fuels the frankly toxic debate in this country that refugees are somehow not part of our community. We need them to become part of our community. Othering them in this way does no good.

[Blake Stephenson (Mid Bedfordshire) (Con)]

It is a pleasure to serve under your chairmanship, Mr Twigg. This group is about who should be exempt from the duty to repay asylum support and when a debt should be cancelled. Five of the grouped amendments—four in the name of the hon. Member for Brighton Pavilion and one tabled by the Liberal Democrats in the name of the hon. Member for Wimbledon—would widen the exemptions or write off the debt. The Opposition take the opposite view, unsurprisingly. The exemptions in clause 23 are already too wide, which is why I tabled amendments 139 and 142.

Clause 23(6)(b) exempts anyone who

“started to receive asylum support before the day on which this section comes fully into force”.

That is not an exemption for support received before the law changes; it is an exemption for all the support that a person will ever receive before or after commencement. The Government tell us that about 97,500 people are receiving support and, as the Bill is drafted, every single one of them will be exempt for life. Between now and the commencement date, which the Government have not yet given us—with appeals taking over a year, the first charges under this clause may be many years away—how many people will be exempt under subsection (6)(b)? Why not exempt only the support received before commencement, so that people already in the system contribute to the support they receive once the law has changed? When do the Government intend to bring clause 23 fully into force and levy the first charges?

Clause 23(6)(c) will allow the Secretary of State to exempt “any other description” of a person by regulations. The explanatory notes tell us that victims of modern slavery will be exempt. Under clause 50, those regulations will be subject only to the negative procedure. The Government’s reasoning is that exemptions do not disadvantage the people affected. They may not disadvantage the people exempted, but they certainly affect the taxpayer. A series of negative instruments could hollow out the scheme without a debate in the House. Which further categories do the Government intend to exempt, and why do Ministers not think that Parliament should be able to approve those?

Amendment 139 would remove subsection (6)(b), which is the exemption for everyone who started to receive support before clause 23 is fully in force. As I said, that will exempt around 97,500 people for life for the support that they receive, as well as anyone who enters support before a commencement date that nobody has given us. The Opposition’s intention is simple: people already in the system should contribute for the support they receive once the scheme is in force.

Amendment 142 would make regulations creating further exemptions under subsection (6)(c) subject to the affirmative procedure. The Government say that the negative procedure is enough because exemptions do not disadvantage the people exempted. That may be the case, but it certainly is not the case for the taxpayer, who is burdened with the cost. A series of negative instruments could hollow out the scheme, as I mentioned earlier.

Amendments 77 and 50 would exempt anyone who was under 21 or 18, respectively, at any time while they were supported, rather than those who were children throughout. That would mean that someone who arrived at 17 and was supported for years as an adult would pay nothing. We will oppose both those amendments.

Amendment 82 would exempt anyone granted leave after a successful appeal. Mr Featonby of the Refugee Council made the point for us. He said that

“the majority of people who will ever be in a position to even start to pay back that money are people who are going to go on to get protection.”––[Official Report, Immigration and Asylum Public Bill Committee, 15 September 2026; c. 32, Q53.]

Exempting those who win on appeal would remove a large share of the people who could pay, and would reward the cases that took the longest.

Amendment 78 would add exemptions for people over retirement age, recognised victims of trafficking, survivors of sexual or gender-based violence and domestic abuse, and victims of torture, rape or serious violence. Those are sensitive cases, and the Government have said that victims of modern slavery will be exempt. The right way to decide those exemptions is in regulations that the House has seen and approved, not by negative instruments that can hollow out the scheme, as I mentioned earlier. Which categories will the Government exempt, and will draft exemption regulations be provided before Report?

Amendment 80, tabled by the hon. Member for Brighton Pavilion, would require the Home Secretary to cancel a person’s liability upon death or permanent incapacity, when they reach 65, or 10 years after their support ended. There is a fair question underneath that. Student loans, which are the basis for the model that we proposed, are written off after a set period, but a 10-year write-off that starts when support ends would allow anyone to wait out the debt and simply not pay. The amendment is far too wide, and we will oppose it. Do the Government intend to have any write-off period at all, and if so what?

Finally, the Opposition will oppose amendments 77, 50, 78, 82 and 80. The clause already exempts everyone now in the system for life and allows further exemptions by negative instrument. Amendment 139 would close the first gap and amendment 142 would close the second. I will press amendment 139 to a Division.