Border Security, Asylum and Immigration Bill (Eleventh sitting)

Pete Wishart Excerpts

Committee stage
Tuesday 18th March 2025 Public Bill Committees

[Matt Vickers]

The hon. Gentleman has got me. I was hoping he was going to spout some more of the common sense that I have contributed to Hansard.

[Pete Wishart (Perth and Kinross-shire) (SNP)]

He doesn’t know!

[Matt Vickers]

We have said 10 years. That is a principle actually—

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[Matt Vickers]

The details and the need for people to engage with the authorities are already in place. This new clause is literally about saying “10 years” instead of “five years”. No part of it amends existing provisions regarding migrants’ responsibility to account for themselves during that period. There is no suggestion of any change to that; it is beyond what we are amending through the new clause. If we wanted to change that, there would certainly be a debate to be had, and there would probably be opportunities to bring forward amendments, but that is not what we are proposing here. We are proposing to increase the period from five to 10 years.

Our country is our home; it is not a hotel. We can guess what the Government’s response to this will be—more deflection and criticism—but they must remember that they are in government now and have a duty to protect the British taxpayer from unnecessary costs. If they do not act, every UK household is forecast to pay £8,200 as a result of between 742,000 and 1,224,000 migrants getting indefinite leave to remain in the next couple of years. The Government must act to ensure that everyone who stays in the country is a net contributor.

It may interest the Government to know that changes to indefinite leave to remain have happened before—and can and should happen again now. In 2006, under the then Labour Government, the Home Secretary extended the time required to obtain indefinite leave to remain from four years to five years, an extension that applied retroactively to those already actively pursuing indefinite leave to remain. It is hoped that this Government will make a similarly bold move and support new clause 25.

Before the accusations start to be thrown around, let me make it crystal clear that new clause 25 is not some cold-hearted exercise in exclusion; it is a robust, principled stand for expectations—a line in the sand that says that if someone wants to live here, stay here, and call Britain their home, that comes with a reasonable cost. That cost is not measured just in pounds and pence, but in commitment, in responsibility, and in proving that they are here to lift us up, not weigh us down.

A recent study undertaken by the Adam Smith Institute found that, according to figures produced by the Office for Budget Responsibility, the average low-wage migrant worker will cost the British taxpayer £465,000 by the time they reach 81 years of age. It is clear that opening the ILR door to millions of new migrants will impose a considerable and unwanted financial burden on the British taxpayer for decades to come.

The OBR report explores the opportunity to reform indefinite leave to remain rules, which new clause 25 seeks to do, to help mitigate the long-term fiscal burden of low-skilled migrants, who are unlikely to be net contributors to the public purse. A refusal to back new clause 25 is not just inaction, but a choice to prioritise the untested over taxpayers—to keep the welcome mat out while the costs pile up. The Opposition say no, this is our home, and we expect those arriving to treat it as such.

[Pete Wishart]

It is a pleasure to once again to serve under you as Chair, Dr Murrison. When I look at the Tory amendments in their totality, they are quite frankly an absolute and utter disgrace. It is as if the Tories have learnt absolutely nothing from the Rwanda debacle and the Illegal Migration Act 2023. Some of the amendments that we will be debating are simply heinous, lacking in any reasonable standard of compassion and empathy. What a country they would create: one devoid of human rights and international protections, where people are simply othered and deprived of any rights whatsoever. Some of the most desperate and wretched people in the world would be denied and booted out.

I used to say that the Tories would never beat Reform in the race to the bottom, but looking at the collection of amendments that we are debating today, they are going to give it their best shot. It is just possible that they will out-Reform Reform colleagues in the House of Commons. The amendments are not only terrifying but ludicrously unworkable—blatant political grandstanding, designed to appeal to the basest of instincts. We have the grim task of having to debate them one by one; I just hope that the Committee will reject them totally out of hand.

New clause 25 was raised in a blaze of publicity at the end of the self-denying ordinance from the Leader of the Opposition when she announced her new immigration policy, which I understand has been changed and finessed over the course of the past few weeks, but is still as grotesque underneath as it started. The Conservatives do not believe that British citizenship should be a privilege; they believe that British citizenship should be virtually unobtainable, and that the strongest possible tests must be applied before anybody is ever going to get the opportunity to call themselves a British citizen. That is totally and utterly self-defeating.

The provision will apply to work-based visa holders, skilled workers and global talent, who can currently apply for ILR after five years. Extending that period to 10 years could deter highly-skilled workers and investors from coming to stay in the UK. It may lead to workforce instability, particularly in sectors reliant on international talent. It would also disadvantage certain migrants and people who have lived legally in the UK for 10 years but do not hold one of the listed visas. This is an unworkable, crazy proposal that can only be self-defeating and have a massive impact on our economy. It would create a massive disincentive to the very people we need to come into the UK to fill some of our skills gaps. I hope the provision is roundly rejected.

[Jo White]

It is a pleasure to serve under your chairship, Dr Murrison. We should never be surprised by the audacity of the Conservative party, which now exists in a state of amnesia following the previous 14 years of failure, collapse and chaos. Let me take a moment to remind Opposition Members of their failed promises.

A good place to start is the general election campaign of 2010, when David Cameron said that his Government would reduce net migration to the tens of thousands. At that point, net migration stood at 252,000. In 2011, he went further, saying that his target would be achieved by the 2015 general election—“No ifs. No buts.” But when the ballot boxes were opened in that election, numbers had risen to 379,000. Then along came Theresa May. At the snap 2017 general election, net migration stood at 270,000, and she had an election pledge to get net migration down to the tens of thousands, but by 2019 the number had risen to 275,000.

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[Matt Vickers]

I hope the Minister agrees that we should be doing more, rather than less. We need to give agencies all the opportunities and powers to do so, with or without the consent of people who aim to deceive. That is the right thing to do.

If we rewind to 2022, 490 disputes in quarter 1 ballooned to 1,782 by quarter 4. Now we are at 2,088 and counting. This is not a fading headache; it is an escalating emergency. It is a conveyor belt of fraud clogging our borders and spilling into our schools. Failure to conduct these vital checks would mean that we are not just blind, but complicit in handing traffickers a playbook that says, “Send adults, call them kids and watch us flounder.” The public sees it and parents feel it, and every day we delay, the risk festers. We need science, not sentiment, and we need it now.

[Pete Wishart]

I rise to speak to new clause 43 on age determination by the Home Office. The one thing we can agree on with the Conservative Front Benchers is that my new clause could not be more different in objective and tone than what we have heard from the shadow Minister. My new clause aims to uphold a simple yet vital principle that no child should be wrongly treated as an adult, subjected to detention or placed in inappropriate accommodation, as happens right now. The new clause would ensure that the Home Office treats as an adult an individual who claims to be a child only in exceptional circumstances or following a Merton-compliant age assessment conducted by local authority social workers. Furthermore, any decision to treat a young person as an adult would have to be made by an appropriately trained official, with reasons recorded and subject to independent oversight. Where such a decision results in the person being placed in adult accommodation or detention, the relevant local authority would have to be notified immediately.

Labour Members are right to have a go at the shadow Minister, but it is imperative that we get this right. This is life-determining and life-shaping for the individuals at the sharp end of these age assessments. The consequences of flawed age assessments at our borders are severe.

Recent data reveals that between January and June 2024 alone, at least 262 children were wrongly assessed as adults and placed in adult accommodation or detention, exposing them to significant safeguarding risks including exploitation, violence and even criminal prosecution. It is worth noting that in many cases, those children endure months of uncertainty before being correctly identified and moved into appropriate care settings. Such errors not only violate child protection principles but undermine the credibility of our asylum system.

The current process of visual assessment, often conducted at the border by immigration officers, is wholly inadequate. Assessments based solely on appearance and demeanour are inherently flawed and have led to serious misjudgments. International and domestic guidance is clear that age assessments should be undertaken only when necessary and should be conducted using holistic, multidisciplinary approaches, yet that is far from the reality.

Concerns about visual assessments have been raised not just by non-governmental organisations, but by the independent chief inspector of borders and immigration, the Children’s Commissioner, parliamentary Committees and the UN Committee on the Rights of the Child. In response to those great concerns, the Government have argued that they are improving the age assessment process through the national age assessment board, and by introducing scientific methods of assessing age—we are back to that debate again. It is important to note that neither of those initiatives has any impact on visual assessments made by officials at the border. Biological methods such as dental X-rays and bone age assessment remain highly unreliable, as medical and scientific bodies repeatedly state. I listened to the hon. Member for Stockton West make great play of saying that that is what all of Europe does, but there are countless cases that the EU and other European nations have got wrong. I can send them to him; he can spend most of the day looking at them. They get cases wrong, just as we do with visual assessments.

It is right that in this Bill the Government seek to repeal clause 58 of the Illegal Migration Act, which would have meant that children who refuse to undergo these invasive and questionable procedures are presumed to be adults by default—an approach that runs contrary to any safeguarding principles. The previous Government attempted to justify that policy by highlighting the risk of adults falsely claiming to be children to access benefits and services designed for minors. However, the reality is that the greater danger lies in the wrongful treatment of children as adults, which places them in unsafe environments, denies them their rights and can have devastating long-term consequences. The number of children found to have been misclassified as adults outweighs the number of cases where an adult has falsely claimed to be a child, so we have the balance totally wrong.

Crucially, there are greater risks and consequences to placing a child among adults, where there are no safeguards in place, than to placing a young adult in local authority care. It is essential that we restore local authority-led age assessments as a primary mechanism for resolving age disputes. As child protection professionals, local authority social workers are best placed to conduct those assessments in a manner that is thorough, fair and in the child’s best interests. The new clause would ensure that young people who assert that they are children are treated as such unless and until a proper assessment proves otherwise. It also guarantees transparency, independent oversight and accountability in decision making, thereby restoring trust in the system.

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[Matt Vickers]

People who arrive here deceptively claiming to be children cannot be allowed to succeed. We should make use of the best scientific age assessment methods available to us, with or without consent. Those will not be used in isolation, but alongside all the other possible assessment methods available to us. We can debate the science all day. The new clause would require the Secretary of State to define those methods within six months through a statutory instrument, using expert advice to do so. One deceptive adult migrant in a classroom or care setting alongside children or vulnerable youngsters is one too many. Giving our agencies the ability to use the best scientific methods available to them to assess age without consent can further their ability to protect children. I would therefore like to press new clause 26 to a Division.

[Pete Wishart]

I am grateful to the Minister for her response to my new clause 43, but a lot of what she claims is in it is not actually there—I hope she accepts that. Those of us who visit asylum seekers in our constituencies will recognise that the determination is probably the most contentious issue that asylum seekers bring to us; it is the thing that perplexes and concerns them the most. They are very sensitive to it being done wrong, and it gets done wrong in both directions, as the Minister said.

The number of children found to have been misclassified as adults outweighs quite significantly the number of cases where an asylum seeker has falsely claimed to be a child. Everybody is right that there is no scientific or other method to determine age that is 100% effective—visual assessments certainly are not. Surely, however, the people who are best qualified to make these assessments are people who work with children—whose main business is to make these sorts of judgments about children. That is why we have asked for Merton-compliant age assessments, so that an holistic view is taken of the individual and they are assessed properly by social workers trained to work with children. Surely that is the most effective means to determine these things.

I am not saying that we should not use other things, but where the issue is in dispute—perhaps I should have included that in my new clause; clearly, the people sitting in this Committee could not be classified as children—we must get it right. That is so important as we go forward. It is life-changing, dangerous and damaging to be misclassified. As I said in my initial contribution, this is not an immigration issue, but a safeguarding issue. We must get it right. That is why I will press my new clause to a vote as well.

Question put, That the clause be read a Second time.