Border Security, Asylum and Immigration Bill

Peter Swallow Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Chris Philp]

The right hon. Gentleman makes a very good point. The asylum grant rate in this country has gone up in recent months, and is high in comparison with some other European countries. That is obviously a potential pull factor for people considering a dangerous and unnecessary crossing of the English channel.

Let me say a word about the Bill in general before discussing its specifics. The Bill cancels the obligation on the Government to remove people who have arrived illegally. That is a shocking move. It creates a pathway to citizenship for people who have entered the country illegally, which will only increase the pull factor, and completely cancels any prospect of establishing a removals deterrent, which the National Crime Agency says is necessary.

[Peter Swallow (Bracknell) (Lab)]

How many people were removed under the previous Government’s so-called deterrent?

[Chris Philp]

The hon. Gentleman will be aware that the deterrent never even started. The first flight—[Interruption.] The first flight was due to take off on 24 July, but his Government cancelled the deterrent before it had even started. That was their mistake, and as a result illegal crossings have gone up by 28%. This is not a border security Bill, given the measures that I have mentioned; it is a border surrender Bill. It is a weak bill from a weak Government.

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[Chris Philp]

The right policy for this country is for the Government, not people smugglers, to decide who comes into this country. Unlike this Government, we have a plan to deliver that. I point out to the hon. Gentleman that France is a safe country. There is no need to cross the English channel to flee war or seek asylum. France has a perfectly well-functioning asylum system.

When it comes to people who are genuinely in need, this country has a proud record. The Home Secretary referred—rather generously, I might say—to initiatives undertaken by the last Government. They include the Ukraine scheme, which allowed in 200,000 or 300,000 people; the resettlement scheme that welcomed around 25,000 Syrians from about 2015 to 2020; the provisions made for British nationals overseas who came here from Hong Kong, and the Afghan citizens resettlement scheme and Afghan relocations and assistance policy. That is the record of this country, and of the previous Government, on people who are in genuine need. But people—overwhelmingly single young men—leaving France, conveyed here by people smugglers, are not the people whose entry we should be facilitating.

Let me move on to the Bill’s provisions to repeal much of the Illegal Migration Act 2023. One such provision to be repealed, therefore depriving the Government of the ability ever to use it, is section 2, which created an obligation on the Government to remove people who come here illegally. Let me point out to those people who are concerned about genuine asylum seekers that section 2(4) of the 2023 Act makes it clear that the provision does not apply if someone comes directly from a place of danger. That is consistent with article 33 of the 1951 refugee convention, which Members will be familiar with. But people who come here directly from France—a safe country where no one is being persecuted, which has a perfectly well-functioning asylum system—should not illegally enter the United Kingdom.

The Bill will also repeal section 32 of the 2023 Act, which prevents people who enter the country illegally from gaining citizenship. By repealing that section, the Bill will create a pathway to citizenship for people who entered the country illegally, and I think that is unconscionable.

The Bill will also repeal sections 57 and 58 of the 2023 Act —a topic on which the Minister for Border Security and Asylum and I have had some correspondence—which concern scientific age assessment methods. Every European country apart from this one uses scientific age assessment techniques, such as an X-ray of the wrist, although there are other methods. That is important because quite a few people entering the country illegally who might be in their early or even mid-20s falsely claim to be under the age of 18, and without a scientific age assessment method it is very hard to determine their age. That creates serious safeguarding issues. There have been cases of men in their mid-20s ending up in schools with teenage girls, which carries obvious safeguarding risks.

A statutory instrument passed in early 2024—quite soon before the election—commenced the power to use those age assessment techniques. I really hope the new Government will use those powers and start using wrist X-rays, or other techniques, to ensure that people cannot falsely claim to be under 18. I would be grateful if the Minister could provide an update on that in her winding-up speech, because we would certainly support her work in that area. As I say, there is an important safeguarding element to this matter, as well as a migration element. I note that in repealing section 57 of the 2023 Act, the Government will no longer be able to treat as over 18 somebody who refuses one of those tests. There are some predating provisions in the Nationality and Borders Act 2022, but the provision being repealed is stronger, and in the circumstances that may be rather unwise.

There are various things missing from the Bill. We will table various amendments during its passage that will seek to introduce much stronger measures, but I want to point to two in particular now. The first addresses the fact that there is no mechanism in the Bill for a binding annual cap on legal migration.

[Peter Swallow]

Will the hon. Gentleman give way on that point?

[Chris Philp]

No—I have taken lots of interventions.

I think we can all agree that numbers in recent years have been far too high, and what is needed is a binding cap that Parliament can vote on, so that it can decide how many visas are issued each year. I believe the Prime Minister was asked about that and said he did not agree with it, but I think the Bill is an ideal opportunity to create that power for Parliament—for us, the directly elected representatives of the people—to vote each year on how many visas get handed out. Perhaps the Minister for Border Security and Asylum will execute a considered U-turn and embrace the suggestion I have just made.

On the topic of legal migration, the previous Government —in fact, I think it was my right hon. Friend the Member for Braintree (Mr Cleverly), the former Home Secretary, who is in his place—announced an increase to the threshold for dependant visas. It went up somewhat in April last year, and it was due to go up again this April to about £38,000. I would be grateful if the Government could clarify whether they will go ahead with that plan, which would, of course, control some of the numbers.

The second area that requires further legislation is indefinite leave to remain, which the Leader of the Opposition and I spoke about last week. Indefinite leave to remain, as the name implies, confers an indefinite right to reside in the UK and provides a number of privileges, including access to full benefits, social housing and pension rights. It is the Opposition’s view that it should be granted only if a person, having come here for work purposes, has made a genuine contribution—if they have earned more than they have paid in taxes, which we could measure by reference to a salary threshold. If, after someone comes to the UK to work, it turns out they have not worked and have become a burden on the taxpayer, or have worked for a very low level of wages, implying they are not making a net contribution, it strikes us as fair that they should not be granted indefinite leave to remain and that their visa should not be renewed.

Last September, the Office for Budget Responsibility published an analysis showing that migrants on low wages carry a lifetime fiscal cost to the rest of the taxpayers of £500,000. The Centre for Policy Studies recently published an analysis showing that the fiscal cost of those who might be granted ILR in the next four or five years will amount to £234 billion over their lifetime. We do not think it is reasonable for taxpayers to bear so high a cost for people who have arrived only relatively recently and have not made a significant contribution, so we will be tabling amendments to ensure that only those coming here on work visas who have actually made a contribution will be eligible for indefinite leave to remain. I would be grateful to know whether the Minister for Border Security and Asylum will support that measure.

The Government have presided over 25,000 illegal crossings since they came into office—a 28% increase on the same period 12 months ago—and have failed to remove 96% of the people who have crossed the channel. They scrapped the Rwanda deterrent before it even started, even though the National Crime Agency and their own Border Security Commander said that a deterrent is needed and we have seen it work in Australia. The Bill will cancel the Government’s obligation to remove people who have come here illegally, and we see the Government creating a path to citizenship for illegal migrants. This is a weak Bill from a weak Government, and that is why we will oppose it.

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[Saqib Bhatti (Meriden and Solihull East) (Con)]

I will be voting against the Bill and in favour of the reasoned amendment, for the simple reason that I do not believe this Bill will do anything to smash the gangs, which is what the Labour party sold to the British public.

Over the past 12 months and beyond, my constituents have regularly brought up immigration on the doorstep, talking about both legal and illegal immigration. They want a fair legal system that ensures that the best and the brightest come to this country, as we have always wanted, but for them, this is really an issue of fairness. They believe that uncontrolled borders are not fair, and I agree. Uncontrolled borders make people angry and undermine the case for taking those who are most in need.

Over the past 14 years and beyond, we have had a great track record of taking in refugees from areas of conflict and other places, but by cheating the system, thousands of illegal migrants are entering the country, with the inevitable consequence that our public services are overburdened. That makes my constituents feel that the system is broken—that it does not work for them. Our schools, NHS and welfare system fail to work properly because of the strains caused by illegal migration, and my constituents are right to feel a deep sense of unfairness. Until they see the fundamental issue being tangibly addressed, which this Bill does not do, they will continue to feel that sense of unfairness.

We have seen this with the reopening of the asylum hotels. That is a manifesto pledge that has been broken—the number of asylum hotels and the number of people in them has gone up. Those hotels are funded by the taxpayer, and divert money that my constituents feel could be spent on improving our public services. Earlier, we heard the Home Secretary give no guarantee on when those asylum hotels will be cleared. That will be a consistent and continuous source of consternation for many people across the country, who feel totally helpless when they see pictures and videos of often young men entering this country illegally and being given access to things that my constituents work hard for and pay taxes to sustain.

I firmly believe that all of us across this House want to control illegal immigration, but I fundamentally disagree that this Bill will do so. I have talked about our track record of taking in refugees. We have had a consistent record for many years—we have taken in refugees from Afghanistan, from Syria, and of course from Ukraine—but that track record is being constantly undermined by the dramatic increases in illegal migration, making people feel that we cannot do more.

My right hon. Friend the Member for Staffordshire Moorlands (Dame Karen Bradley) made an eloquent case for this being a global issue. That is often forgotten in the debate, whether it is due to climate change or conflict. However, the public want to see the case being made for the nation state—to know that we can control our borders, and can then allow in the people who we want in the country. Since the Labour party has been in government, we have seen a 28% increase in illegal migration, which will inevitably put strain on our resources. The consequence is that society becomes fragmented, and there are those on the far echelons of the political spectrum who take advantage of that for their own ends and crowd out legitimate and reasonable debate.

The Bill takes away the deterrent and does not deal in any way with the need for a deterrent. As we have heard consistently from the NCA and other experts, without a deterrent, there is nothing disincentivising the gangs from bringing people over. We all want people who are in need to be taken care of, but this Bill does not do that—there is no guarantee that it will. We have heard the Home Secretary continuously fail to provide an answer on that point.

The Bill’s weak tinkering around the edges of the illegal migration system will actually strengthen the gangs, because they now know that they can take advantage of that system. This House is engaged in debate, but the Labour party will win this evening’s vote—of course it will. It has got the numbers; the British people placed a huge amount of trust in Labour, which is now being betrayed, and those gangs will take advantage of it. The one example I will use is that when the Rwanda scheme received Royal Assent, we continuously heard people—and people smugglers—saying that they were not going to come to the UK, and we saw the numbers drop. They will be celebrating the fact that this Bill is going through the House.

[Peter Swallow]

Will the hon. Gentleman give way?

[Saqib Bhatti]

I will not give way, because I only have five seconds. This Bill will weaken our borders and strengthen the gangs, and the Labour party really needs to come up with answers to that.

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[Peter Swallow (Bracknell) (Lab)]

My hon. Friend the Member for Makerfield (Josh Simons) took us back to ancient Athens. I am a recovering classicist, so let me note that Britain has, from the time of the Romans, been a nation of immigrants. Scientific analysis has proven the rich cultural diversity of Roman Britain, and immigration has enriched our country ever since, with people from the Windrush generation to, in more recent times, the Ukrainians and Hongkongers proudly making their homes here in the UK.

As the MP for Bracknell, a new town, I know that my constituents understand what it is to set up home in a new corner of Earth. That said, they also know that it is the first duty of any Government to protect the country, and a functioning and fair immigration system is the prerequisite to that. The Government—any Government—must have control of their borders, but the sad reality is that, under the previous Government, control of our borders was lost.

Nearly 37,000 people crossed the channel in small boats last year. Many of them were vulnerable individuals, but nevertheless the sheer number of people crossing demonstrates a lack of control. For the Conservative party, which fashions itself as taking a tough stance on immigration—we have heard some of that in the debate—that is an embarrassing record. One need only look at the Rwanda scheme, which cost £700 million of taxpayers’ money and saw 84,000 people crossing the channel from the day it was announced to the day it was scrapped —some deterrent.

The challenge with the open-border policy of the previous Government was that it undermined the possibility of having a safe, just and effective asylum system. Many people who risk their lives crossing the channel do so because they are seeking asylum. It is proper that our country protects the rights of asylum seekers, but it is also true that some of those crossing the channel have no right to be here. That is why there has been a 10% increase in returns under this Government, and almost 3,000 foreign criminals have already been removed from Britain’s streets—a 24% increase on last year. Flights to Rwanda stayed on the ground; this Government are ensuring that flights to deport foreign criminals are taking off.

We can already see the effect on small boat arrivals under this Government. When we won the election in July, arrivals for 2024 were almost 6% ahead of the record year of 2022. In the second half of last year, we saw almost 10,000 fewer arrivals than in 2022, despite having more days when the weather was favourable for crossings.

The Bill will introduce landmark new measures so that we have the tools to fix the immigration system that the Tories have broken—and, yes, it will act to smash the gangs. There are measures to strengthen border security, strengthen the asylum and immigration system, prevent crime, and protect vulnerable asylum seekers whom the vile people smugglers would seek to exploit. That is the action that the Government are taking, and that is why I support the Bill.