Border Security, Asylum and Immigration Bill (Twelfth sitting)

Debate between Pete Wishart and Katie Lam
Tuesday 18th March 2025

(2 weeks, 5 days ago)

Public Bill Committees
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Pete Wishart Portrait Pete Wishart (Perth and Kinross-shire) (SNP)
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I was not going to speak to the new clause; I was just going to let the hon. Gentleman drone on, in the hope that we could possibly get away on Thursday morning, but I have been irked to my feet. I am not sure whether I prefer the new loquacious hon. Member for Stockton West. I do not know what he has done about his speechwriting, but I preferred the version that we had last week. That was probably more in keeping with the Conservatives’ contributions to this Committee.

This is a horrible new clause, which penalises lower-income workers, deters skilled immigration and harms vulnerable groups. The retrospective nature of some of the provisions is simply absurd, and would lead only to legal challenges and all sorts of administrative complications. The new clause would introduce retrospective punishments, taking ILR away from individuals who had received it under the previous rules simply because a future Government—thank goodness this will never be so—had later decided to raise the bar. People make long-term decisions to buy homes, raise families and contribute to communities based on the stability of ILR. Changing the rules after the fact destroys trust in the whole system.

The proposal sets an arbitrary income threshold of £38,700, meaning that a nurse, teacher or social worker—people the UK depends on—could lose their ILR. Many industries, including healthcare, hospitality and retail have workers earning below that level. Are we really saying that under no circumstances would they be welcome? The proposal also ignores economic realities. People face job losses, illness or temporary hardships. Should losing a job also mean losing the right to live in the UK?

New clause 32 states that ILR should be revoked if a person has received any sort of “social protection”, including housing support. This would punish people who have worked hard and contributed but who need temporary support due to circumstances often beyond their control. It targets families, disabled people and those facing financial hardship, effectively saying, “If you need help, you don’t belong here.” Skilled workers, investors and entrepreneurs want certainty. If they fear that a downturn in income or a short period of hardship could see them lose their right to remain, they will choose other countries over the UK.

As we have also heard, how can this be enforced? Constantly monitoring ILR-holders’ income, benefits and job status would be an administrative disaster; it would be costly, error prone and unfairly target individuals. This new clause is simply cruel. It is unnecessary and unworkable, and I hope that it is rejected out of hand.

Katie Lam Portrait Katie Lam (Weald of Kent) (Con)
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We have spoken already about indefinite leave to remain, which is also referred to as settlement. We have discussed the most basic requirement for eligibility, which is time, and our suggestion that the timeframe be extended from five years to 10. The new clause covers revocation, or the circumstances in which we believe that indefinite leave to remain status should be removed from an individual to whom it has been granted.

As my hon. Friend the Member for Stockton West set out, the first of these conditions is whether a person has engaged in criminality. Our definition for criminality is based on that used in section 32 of the UK Borders Act 2007, under which a person is a “foreign criminal” if they are neither a British nor an Irish citizen; if they have been convicted of an offence, where that conviction takes place in the United Kingdom; and if the period of imprisonment to which they are sentenced is at least 12 months. It also applies to a person who is a “serious criminal”, as defined in section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002.

It is already the case that individuals with settled status can be deported from the UK by having ILR status revoked at the discretion of the Home Secretary. This new clause makes that process automatic. We can see no reason why a person who has committed a crime—particularly based on the current legislation—that is so serious that they are sentenced to a year in prison should be able to continue to be in this country at all, let alone to retain ILR status and with it all the generosity and safety net of the British welfare state, including social housing, benefits and free healthcare.

Secondly, we have included in this new clause a condition that is effectively a knock-on effect from our earlier new clause 25, which would revoke ILR status conferred after this Act comes into force, where that status would not have been conferred under these new conditions.

Thirdly, the new clause applies to those who have been in receipt of social protection, as defined by the Treasury’s “Public Expenditure Statistical Analyses”, which includes personal social services in various different categories, as well as incapacity, disability and injury benefits, pensions, family benefits, income support and tax credits, unemployment benefits, universal credit and social housing. Social protection is a fundamental part of modern British society, but we should be honest that it is also incredibly expensive. Such generous provision should be available only to citizens. It must be a fundamental principle of our system that those who come to this country contribute fiscally more than they cost. What they pay in tax should more than cover the cost of the public services that they use. That is the opposite of the situation that we have now; only a small proportion of those who have come to this country over the past few years are likely to be net lifetime contributors. That is unaffordable.

That reality also underpins our final condition of income falling below £38,700 for six months or more in aggregate. That figure of £38,700 was chosen to sit alongside the general skilled worker threshold, the minimum earnings threshold for skilled worker visas, and the minimum income requirement for a family visa sponsor proposed by the last Government. It was chosen as it represents the 50th percentile, or the median, of earnings for jobs at the skill level of RQF3—level 3 of the regulated qualifications framework—which is perhaps more easily recognisable as the equivalent of A-levels and BTECs.

We believe that the new clause will go some way to addressing the problems that we have set out of very high volumes of people coming to this country in recent years who are not set to be net fiscal contributors to the public purse over the course of their lifetimes. We hope that the Government will consider adding it to the Bill.

We also welcome the comments from the Minister on the fact that she is looking at this issue. Could she tell us specifically whether she is looking at any of these conditions, and, if so, which? How are her discussions coming along, and when does she hope to report back to the House on her plans?

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Katie Lam Portrait Katie Lam
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In November 2024, a Congolese paedophile who sexually assaulted his own stepdaughter was allowed to remain in the UK despite the Government’s attempts to deport him, out of concern that forcing him to leave the country would interfere with his right to a family life. In December 2024, a Turkish heroin peddler was allowed to stay in the UK because it was ruled that deporting him would interfere unduly with his family life, despite the fact that he had returned to Turkey eight times since coming to Britain.

In February of this year, a Nigerian woman who was refused asylum eight times was allowed to remain in the UK because it was decided that her membership of a terrorist organisation might make her subject to persecution in her home country. Earlier this month, a Nigerian drug dealer escaped deportation because he believed that he was suffering from “demonic forces”. Meanwhile, Samuel Frimpong, a Ghanaian fraudster, has been allowed to return to the UK, having being deported 12 years ago, after claiming that he is depressed in his home country.

The list goes on and on. Absurd asylum rulings from our tribunal system seem to emerge on an almost daily basis. What do these cases have in common? In each one, a potentially dangerous person was spared deportation because of our membership of the European convention on human rights, and, crucially, the domestic legislation that enshrines the convention in British law—the Human Rights Act. This legislation is clearly not fit for purpose when it comes to managing and securing the border. It is enabling dangerous foreign criminals to remain in the UK, and putting the British public at risk.

It is time we recognised that decisions about asylum and immigration should be made by politically accountable Ministers, rather than by unaccountable judges and tribunals. That is the purpose of our new clause, which seeks to disapply the Human Rights Act and interim measures of the European Court of Human Rights in relation to the Bill and other legislation about borders, asylum and immigration.

Pete Wishart Portrait Pete Wishart
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Just to clarify, I think the hon. Lady is saying clearly that what she intends to do is to take decisions about immigration out of the hands of judges, and leave them in the hands of politicians. Is that her intention?

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Katie Lam Portrait Katie Lam
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New clause 34 prevents any foreign national who is convicted of any offence from remaining in the UK. It should be a fundamental principle of our system that immigration never makes the British public any less safe. Unfortunately, however, many of those who have come to the UK in recent years have broken our laws. According to Ministry of Justice figures, a staggering 23% of sexual crimes in the UK—almost one in four—are committed by foreign nationals.

The overall imprisonment rate for foreign nationals is 20% higher than that for British citizens. Of course, the trend is not uniform: some nationalities are more heavily represented than others. Albanian migrants are nearly 17 times more likely to be imprisoned than average; those from Algeria are nearly nine times more likely and those from Jamaica nearly eight times more likely to be imprisoned than average.

Those who seek to harm this country, to break its laws and to undermine what we hold to be fair and right should not be allowed to remain here. As the Government are well aware, our prisons are already overcrowded. We must not allow foreign criminals to continue exacerbating this problem and we must not endanger the British public by allowing foreign criminals to stay in this country.

Under our current system, too many of those who break our laws are being allowed to remain in the UK. Often, Home Office attempts to deport foreign criminals are blocked because of absurd and ever expanding human rights rules. In the interests of public safety, we must not allow foreign criminals to remain in Britain; that includes by making sure that the Human Rights Act cannot be used to prevent us from deporting those who break our laws.

How, specifically, does new clause 34 do that? It amends section 32 of the UK Borders Act 2007, which we have already mentioned today. Section 32 would be amended from its current form, which defines a foreign criminal as a person who is neither a British nor an Irish citizen, who is convicted of an offence that takes place in the United Kingdom and who is sentenced to a period of imprisonment of least 12 months, or is a serious criminal as defined in section 72 of the Nationality, Immigration and Asylum Act 2002. What would replace section 32 would be much simpler; it would instead say that a foreign criminal was anyone who is neither a British nor an Irish citizen who is convicted of any offence in the United Kingdom, and explicitly include within that anybody who has been charged with or convicted of an offence under section 24 of the Immigration Act 1971, which sets out the situations in which a person can be considered to have entered this country illegally. That includes if they do so in breach of a deportation order; if they required leave to enter the United Kingdom and knowingly came here without that leave; or if they required leave to enter the United Kingdom and knowingly stayed here beyond the time conferred by that leave, among other specific conditions.

New clause 34 also seeks to ensure that the rules will be upheld in all circumstances and asserts therefore that the principle of removing criminals from this country is of utmost importance and must be prioritised above other legislation. That includes human rights legislation, for the reasons we have already set out.

I turn to new clause 42, which requires the Secretary of State to use a visa penalty provision if a country proves to be unco-operative in the process of removing any of its nationals or citizens from the UK. Such a lack of co-operation may arise in verifying their identity or status or it may pertain to the process of removing people whose identity and status has not been established. New clause 42 seeks to do that by amending section 70 of the Nationality and Borders Act 2022. That Act set out the idea of a visa penalty provision, effectively allowing the Home Secretary to suspend visa applications from countries that do not co-operate with the activity that the Government are trying to take to secure and protect the border. The new clause would strengthen that Act by changing that from an option for the Home Secretary to a duty and by adding explicitly the point about countries that are not co-operating with the process of verifying the identity or status of individuals whom we consider likely to be nationals or citizens of the countries in question.

Pete Wishart Portrait Pete Wishart
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I am struggling to understand this new clause. There are a number of reasons why other countries may not be able co-operate with the UK on immigration and visa cases—it could be political instability, or there could be a right-wing despot in charge—but that impacts on ordinary asylum seekers. Does the hon. Lady not accept that there are a number of political or even administrative reasons why they are not always able to co-operate?

Katie Lam Portrait Katie Lam
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The new clause maintains the Home Secretary’s ability to judge whether or not a country is being unco-operative. If it is unable to help, that is different from being unco-operative in the way that we would define it here.

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Pete Wishart Portrait Pete Wishart
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I do not want to detain the Committee for long with this amendment, but this is just another abhorrent amendment from the warped imagination of the Conservative party. I do not know where they come up with things like this. They would have to be very creative and very cruel to propose something quite like this. The amendment would allow immigration enforcement officers to visit accommodation centres at any time without prior notice. Asylum seekers and other residents at these centres are often fleeing persecution, war and violence and will have suffered severe trauma. The constant threat of unannounced visits from immigration enforcement will create an atmosphere of fear, making it even more difficult for individuals to feel safe.

Allowing immigration enforcement to visit any resident at any time is a clear violation of privacy. It undermines their dignity and wellbeing and could lead to harassment or increased surveillance, further marginalising already vulnerable populations. Vulnerable individuals should not be made to feel constantly watched or threatened by authorities, especially when they are seeking safety and stability. The presence of immigration enforcement officers may discourage asylum seekers and migrants from seeking support or reporting issues of abuse, exploitation or trafficking. All this could do is undermine the very support structures designed to help individuals rebuild their lives in the UK.

The amendment lacks any clear safeguards or accountability mechanisms for how immigration enforcement would operate, and I urge the Committee to reject it. I hope it rejects the rest of the Conservative party’s amendments, too.

Katie Lam Portrait Katie Lam
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New clause 36 would give access to asylum accommodation centres to our immigration enforcement officers. Members of the public may be surprised to learn that this power does not already exist. It seems to me common sense that when a person has come here illegally and is being housed by the state, immigration enforcement—an arm of that state—should be able to enter that accommodation to carry out their work.

As my hon. Friend the Member for Stockton West rightly set out, these accommodation centres exist because the volume of those coming here illegally is such that it is not possible to hold everyone in immigration detention. There are therefore substantial numbers of people on immigration bail, and a reasonable number of those are held in accommodation centres. Immigration decisions are made elsewhere, but this is the criterion set out in current legislation. In our view, this is a quirk of the current system, and not how one would design it if starting from a blank page. These sorts of accommodation centres did not exist when our rules were written, and we think that this corrects that quirk.

I echo the question asked by my hon. Friend the Member for Stockton West: does the Minister think that this would be of operational benefit to immigration enforcement officers? If so, will she include it, and if not, why not?

Border Security, Asylum and Immigration Bill (Ninth sitting)

Debate between Pete Wishart and Katie Lam
Katie Lam Portrait Katie Lam
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The fundamental question of safe and legal routes seems to be that of how many people the hon. Member for Perth and Kinross-shire thinks Britain might need to let in to achieve the aims he sets out. There are over 120 million people in the world who have been displaced from their homes, of whom nearly 50 million are refugees. That is nearly three quarters of the population of this country. On top of that, the 1951 refugee convention now confers the notional right to move to another country upon at least 780 million people, for—as well as internationally displaced refugees and modern slaves—there are all those who could potentially face a well-founded fear of being persecuted for reasons of race, religion, nationality, or membership of a particular social group or political opinion, who may flee their home country. Some of those people—many of them, perhaps—are living lives that might seem to us in the UK unspeakably and unthinkably hard and sad. It is also true, though, that there is a limit to what this country is able to do to help through migration. The answer to global suffering cannot be that all those people come here.

New clause 1 calls for a strategy on safe and managed routes, but that does not reflect the challenge of these routes and the way that they are created. By their very nature, specific asylum routes are often opened up in response to specific circumstances: usually, emergencies that could not be foreseen and anticipated in a neat strategy. The hon. Member for Dover and Deal is right to highlight the work this country does with the UN to identify those in the world in the greatest need of our help and where that help, in the form of resettlement, would be most appropriate. It seems to me that it would be impossible to publish in advance a strategy for something that is mostly centred around emergencies that cannot be foreseen.

Pete Wishart Portrait Pete Wishart
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This has been a very good debate and we have got to the heart of some of the issues. I will push the new clause to a vote because, of all the things that those involved with the welfare of and looking after refugees and asylum seekers tell us, their main ask of this Government is to look at a strategy for safe routes. I think we are getting to the equation at the heart of all the issues that we are considering today: the demand side and the supply side.

We are supporting Government measures to ensure that they tackle the demand side—they might have useful armoury, like this Bill, to achieve that—but surely we should give even scant attention to the supply side: the reasons that so many people are coming here. The fact is that they have no other option but to get on an unseaworthy boat to sail across the channel to get to the UK, as they can only make a claim for asylum when they are based in the UK.

I am not asking the Government to open the country up to 247 million refugees. That would be absurd and ridiculous. I do not think anybody is suggesting that at all. All we are asking is for the Government to see if they could do something more to ensure that there are routes available for some of the most wretched people in the world who are looking to come to the United Kingdom, and that we do not leave them exclusively at the mercy of the people that I know the Government are sincere in wanting to tackle.

Katie Lam Portrait Katie Lam
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Might the hon. Gentleman tell us how many people would be satisfactory for him and what he is trying to achieve?

Pete Wishart Portrait Pete Wishart
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That is a very difficult thing to say. We have some rough ideas when it comes to the Ukraine and Afghan schemes. These schemes are really worth while. We have seen them work, because there are no Ukrainians crossing the channel—we have had five individuals. It is absurd and ridiculous to suggest that every single refugee in the world is going to come, but the Government—we passed this in a clause earlier—are putting a cap and a quota on people using these safe routes. They are not interested in opening up and developing these safe routes; they want to stop and put a quota on people using them.

Border Security, Asylum and Immigration Bill (Tenth sitting)

Debate between Pete Wishart and Katie Lam
Pete Wishart Portrait Pete Wishart
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I wholeheartedly back the hon. Member for Woking’s new clause; I thought about tabling it myself, but he beat me to it. It is sensible and should be supported by the Committee—mainly because it is an utter waste that people with huge skills are languishing in hotels doing practically nothing all day. We host a number of asylum seekers and refugees in hotels in Perth, and I go and visit them. Can I just say to the hon. Member for Weald of Kent that Scotland more than has its share of the general number of asylum seekers across the United Kingdom? I do not know where she has got her figure from.

Katie Lam Portrait Katie Lam
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Will the hon. Member give way?

Pete Wishart Portrait Pete Wishart
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No, I will correct her and then she can come back on that. Scotland hosted 5,086 refugees receiving support from local authorities. That represents 8.3% of total asylum seekers. The population of Scotland accounts for something like 8.8% of the total population of the United Kingdom, so we are hosting almost the same number as our population share—that is quite remarkable given the distance Scotland is from where most of the asylum seekers come in. We have a proud record of supporting asylum seekers. Not only do we have our fair share when it comes to hotels, but we give free travel to asylum seekers in Scotland—something we are very proud of. I am happy to give way to the hon. Lady if she wants to come back on that, but I do not know where she is getting her figures from.

Katie Lam Portrait Katie Lam
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My figures are from the Government release of the data for December 2024. I do not know whether the hon. Gentleman has those figures or can break them down, but they state very clearly: 1,421 asylum seekers in hotels in Scotland; 4,262 asylum seekers in dispersed accommodation in Scotland; and then 36,658 and 61,445 in the rest of the country.

Pete Wishart Portrait Pete Wishart
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I think the hon. Lady and I will have to trade these statistics privately, because the figure I have is 5,086 receiving support, and that is from the Office for National Statistics. That is where I got my figures.

Katie Lam Portrait Katie Lam
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Will the hon. Member give way?

Pete Wishart Portrait Pete Wishart
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No, I am not going into this. I know that we are testing Dame Siobhain’s patience, so we will discuss this privately and might come back to it at another date.

As well as it being the right thing to do, this new clause would also let us use the skills available to us by giving people the opportunity for employment. The people I have met in some of the hotels in Perth have brought a whole range of skills that would be easily utilised by the community in which they are placed. It makes sense to take this change forward.

In the new clause, the Liberal Democrats suggest that work should be available three months after an application is made. That might be a little bit generous. If I was drafting the amendment, I would go for the six months that has been generally agreed with the all-party groups. I think that what we have done is introduce this issue as a debate item, and I congratulate the hon. Member for Woking for that. It is something that should be seriously considered.

There have been a number of questions at the Home Office about this and from a number of Members—not just from the Liberal Democrats and the Scottish National party but from Labour. I know that we have quite a compliant set of Labour MPs on this Committee, but a number of them have raised this in debates and in questions.

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Katie Lam Portrait Katie Lam
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The hon. Member for Woking has tabled the new clause with a view to the role that migrant health and care workers play in UK health services. We are all deeply grateful to our doctors, nurses and care workers. They do rewarding jobs, but their roles can be difficult and gruelling, too. It is true that many people in the workforce are not British but have come to this country to do that work. We must thank them for helping to keep us and our families healthy and cared for, but it is our role in Westminster to look at the whole picture and be informed but not led by individual cases.

When we look at that picture, we see that the volumes for the health and social care visa are eye watering. Since 2021, more people have come to this country under the health and social care route than live in the city of Manchester—well over half a million, of whom many are dependents. Yes, that is because these jobs are tough, but it is fundamentally because they are underpaid. To quote the independent Migration Advisory Committee,

“the underlying cause of these workforce difficulties is due to the underfunding of the social care sector.”

Immigration alone cannot solve these workforce issues. Underpaying health and social care professionals is financially self-defeating, because the money the Government save in the short term is dwarfed in the medium and long term by the costs to the state. As we have discussed this afternoon, and as the Minister has heard me say in several different settings, after five years a person who has come to this country on a health and social care visa can apply for indefinite leave to remain. If they get it, and 95% of ILR applicants are successful, they will qualify for welfare, social housing, surcharge-free NHS care—everything. That must all be paid for, and the cost is far greater than those on such salaries will ever pay in tax and far more than they save the state with their artificially low wages. Those individual workers are also at risk of exploitation as a result of the poor pay and conditions that have been allowed to endure across the sector because we have brought in workers from abroad who are willing to accept them as the price of coming to Britain.

The next, related issue with the visa is the degree to which it is abused. The MAC describes its misuse as

“a significant problem and greater than in other immigration routes”.

That raises massive concerns about the safety of the patients and vulnerable people whom the system is charged with caring for.

The rules around the health and care visa need to be further tightened, not loosened through an exemption from the immigration skills charge, and they need to be enforced. That is for the good of healthcare workers and, as should be the Committee’s primary concern, for the good of their patients and the country. Exempting NHS workers from the immigration skills charge, or indeed doing anything that makes it relatively cheaper still to hire migrant workers, will make the fundamental problem in the health sector’s labour market even worse.

Pete Wishart Portrait Pete Wishart
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This afternoon seems to be a bit of a Lib Dem fest because of the new clauses tabled by the hon. Member for Woking. There is nothing wrong with that; in fact, I very much approve of this new clause.

To the hon. Member for Weald of Kent—I do not like to rebuke her, because that is not the sort of Member of Parliament I am, as you will know, Dame Siobhain—I say that so many people come through the health and care route because there is real need in the whole system. We need people to come and make sure that someone has those jobs. I challenge her to visit the NHS establishments in her constituency and find out the real difficulties that many health professional managers have in securing the staff they require. This new clause is a practical suggestion to deal with a real issue in our immigration system. It is unfair that those who come to do some of the most demanding and low-paid jobs in the UK are forced to pay that charge.

Katie Lam Portrait Katie Lam
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I do not disagree with the hon. Member at all about the problems in the sector. My point was that the fundamental reason for those problems is that the roles are underpaid.

Pete Wishart Portrait Pete Wishart
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We know those jobs are underpaid, and that is why so few people in the general community whom the hon. Lady would class as British-born are prepared to do them. We are dependent on people coming to our shores to do those jobs, and our health service would fall apart if they all decided to leave. We depend on them, and it is unfair that they have to pay that extra and excessive charge. I hope that the Government will look at this new clause, because I think it is reasonably good and one of the few that would make a significant and practical improvement to the situation.

Border Security, Asylum and Immigration Bill (Eighth sitting)

Debate between Pete Wishart and Katie Lam
Katie Lam Portrait Katie Lam
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As the Minister has outlined, clause 40 inserts schedule 1 into the Bill. That provides that the Immigration Services Commissioner is not to hold office for a term exceeding five years. The current regime is based on there being a commissioner and deputy, so schedule 1 sets out that the commissioner may appoint a deputy. There is also a provision to enable a member of the commissioner’s staff to act in the commissioner’s place in certain circumstances, such as the roles of commissioner and deputy both being vacant. That effectively allows for the appointment of an interim commissioner.

As was said in evidence to the Committee, these amendments do not seem to us to have operational consequence. We will not oppose them.

Question put and agreed to.

Clause 40 accordingly ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 41

Detention and exercise of functions pending deportation

Pete Wishart Portrait Pete Wishart (Perth and Kinross-shire) (SNP)
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I beg to move amendment 7, clause 41, page 35, line 32, leave out subsection (17).

This amendment would leave out the subsection of this clause that applies subsections (1) to (13) (relating to detention and exercise of functions pending deportation) retrospectively, i.e. as if they have always had effect.

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Angela Eagle Portrait Dame Angela Eagle
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The clause seeks to put beyond any doubt that the Home Office has the power to detain, in conducive deportation cases, at the earliest point. It has been doing that for many years. The clarification in the clause applies retrospectively to ensure that those who have been detained in the past have not been detained unlawfully. We do not believe they have, but this puts it beyond doubt. To clarify, this is not an extension of deportation powers; it is putting beyond doubt in the Bill the understanding of how and when these powers can be used—at the earliest opportunity, if it is a conducive deportation. The powers, including to detain at the earliest opportunity, have always existed.

If the amendment moved by the hon. Member for Perth and Kinross-shire were agreed to, it would cast doubt on many of the arrests and detentions ahead of deportations that have happened in the past, which I do not think the hon. Gentleman would want to do. To reassure the hon. Gentleman one final time, this is not an extension of deportation powers; it is a clarification of the way that they have always been understood to work. The clause puts beyond legal doubt that if somebody is being detained pending deportation, they can be detained lawfully at the earliest opportunity. That understanding has always been the case, but the clause puts it beyond any legal doubt.

Katie Lam Portrait Katie Lam
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Clause 41 confirms that the Home Office may detain someone subject to deportation from the point at which the Home Office serves the notification that deportation is being considered, when that deportation is conducive to the public good. We support this provision to allow for detention before a deportation order is signed, but that only applies if the Secretary of State has notified the person in writing. Can I seek reassurance from the Minister that the requirement for a written notice will not build any delay into the process? We also support the provision in clause 42 to allow the Home Office to capture biometrics at the new, earlier point of detention.

Pete Wishart Portrait Pete Wishart
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I will not detain the Committee for long. I do not like clause 41 anyway—I think the extension of deportation powers is overwhelming and I do not believe they are required—but I do not like this retrospection one bit. I have not secured an adequate explanation from the Minister about why that is necessary. I would therefore like to put my amendment to a vote, Dame Siobhain.