Asylum (Time Limit) Bill

Philip Davies Excerpts

Friday 16th January 2015 Commons Chamber

If somebody comes to this country because they are seeking asylum—they want refuge because they come from a country where it has become impossible for them to continue to live—they should, at a reasonably early opportunity, perhaps as soon as they arrive, say, “I’m here and I wish to claim asylum.” Then they make their claim. What is happening at the moment is that people can stay here for months or years and then suddenly the authorities catch up with them and they say, “Oh, I forgot that I really wanted to claim asylum.” If someone wants to claim asylum and to fall upon the mercy and good will of the United Kingdom, they should do so in a timely fashion.

[Philip Davies (Shipley) (Con)]

I very much agree with my hon. Friend. I just wondered where the three-month time limit came from. I am pretty sure that many constituents would say, “Why should it be three months?” Three days is more than enough. Surely it should be on the day that they arrive. Why should we be so tolerant as to give people three months to decide that they are fleeing persecution? Surely they must know that the moment they arrive in the United Kingdom.

[Mr Chope]

I am very sympathetic to my hon. Friend’s point, but I am trying to propose a Bill that will get the support of the Government and I thought that nobody could argue that three months was not a more than reasonable time. His point is that three months is a more than reasonable time in which to decide to apply for asylum, which is why I hope that he can accept the Bill.

Once the Bill is on the statute book, the limits could be tightened further but in the first instance we must alert all those people who are already in the country and who are here illegally—we know that there could be between 500,000 and 1 million of those people at least—that if they wish to claim asylum they have three months in which to do so. That would be a reasonable time during which the word could spread on the street that if they were going to make an asylum application, they would have to get it in before the given date. Having decided that we would give a reasonable period of time to people who are already here, it seemed to me that to fit in with that I should say that the same three-month limit should apply to people who arrived after the Bill became law. That was my thinking, but I am prepared to accept the implied criticism from my hon. Friend that I have been far too reasonable and understanding on this point.

--- Later in debate ---

[Mr Hanson]

I am grateful to my hon. Friend; I was going to come to that point.

[Philip Davies]

rose—

[Mr Hanson]

Before I do, I will give way to the hon. Gentleman.

[Philip Davies]

Does the right hon. Gentleman recognise the scenario, painted by my hon. Friend the Member for Christchurch (Mr Chope), of people coming in as economic migrants, being rumbled by the authorities and then, in effect, playing the asylum system to delay an inevitable removal from the country, often using human rights laws as well to effect further delay? If he does recognise it—and I think many around the country do—what is his solution?

[Mr Hanson]

The asylum system needs to have integrity. There are mechanisms, which I am sure the Minister will strongly outline, that show real integrity and that if an individual falsely claims asylum they will be removed in due course. It is important to recognise that robust systems are in place and that we try to enforce them. We must not let people play the system, but we must recognise that genuine asylum claims can be made later than the proposed three-month limit.

I turn to the point made by my hon. Friend the Member for Brent North (Barry Gardiner). It will not have escaped your notice, Madam Deputy Speaker, that we have been dealing with the Modern Slavery Bill in this House and another place, where it currently resides. That Bill tries to ensure that we deal with the slavery and trafficking that my hon. Friend mentioned. Individuals may have believed, because of language or cultural difficulties, that they came to this country for work or other reasons, but found themselves trafficked, imprisoned or abused. The Government have recognised the issue by introducing the Modern Slavery Bill, and we have supported them on that.

Under the Asylum (Time Limit) Bill, victims of such horrendous crimes—who may have been forced to come to the UK, who may have lived the life of slaves for many months or years but have been resident in the UK—would have no means of claiming asylum because they had been brought here by traffickers. Those are important circumstances that the Bill misses because of its cut-off date of three months.

The Bill is flawed and unworkable. There is a robust system in place. I look forward to hearing the Minister’s comments, which I am sure will reflect the fact that such a system exists. I would welcome the hon. Member for Christchurch reflecting on the fact that situations change outside the UK, affecting people who may have been here for more than three months, and that through no fault of their own they may need to apply for asylum after that date. As a stark example, if a German Jew were at university in the UK in March 1938 and suddenly realised that they could not return to Germany because of potential difficulties with the fascist regime there, and if they had been here for longer than three months and the hon. Gentleman’s Bill was in place, they would have to be sent back to Germany and ultimately to their death. I am sure the hon. Gentleman would not wish such a situation to affect future asylum claims. He should also reflect on the security provided by the Modern Slavery Bill. Whatever the Minister says, I hope the hon. Member for Christchurch will think carefully about these matters and agree to withdraw his Bill.