Priti Patel
Main Page: Priti Patel (Conservative - Witham)Department Debates - View all Priti Patel's debates with the Home Office
Nationality and Borders Bill
Priti Patel ExcerptsMonday 19th July 2021
(3 years, 5 months ago)
Commons ChamberRead Full debate Nationality and Borders Act 2022 Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Mr Deputy Speaker (Mr Nigel Evans)
I have to report that the reasoned amendment in the name of the Leader of the Opposition has been selected.
5.55 pm
The Secretary of State for the Home Department (Priti Patel)
I beg to move, That the Bill be now read a Second time.
The British people have had enough of open borders and uncontrolled immigration; enough of a failed asylum system that costs the taxpayer more than £1 billion a year; enough of dinghies arriving illegally on our shores, directed by organised crime gangs; enough of people drowning on these dangerous, illegal and unnecessary journeys; enough of people being trafficked and sold into modern slavery; enough of economic migrants pretending to be genuine refugees; enough of adults pretending to be children to claim asylum; enough of people trying to gain entry illegally ahead of those who play by the rules; enough of foreign criminals, including murderers and rapists, who abuse our laws and then game the system so that we cannot remove them.
Priti Patel
The British people have had enough of being told that none of these issues matter. They have had enough of being told that it is racist even to think about addressing public concerns, and to want to fix this failed system.
Priti Patel
Perhaps the hon. Gentleman would like to either intervene or listen.
The British people have repeatedly voted to take back control of our borders, something that the Labour party has repeatedly voted against and complained about. The British people finally have a Government who are listening to them, because our priorities are the people’s priorities. For the first time in decades, we will determine who comes in and out of our country. Our plans will increase the fairness of our system.
Mrs Theresa May (Maidenhead) (Con)
I hope my right hon. Friend will forgive me if I intervene in this way, but she is giving the impression that no Conservative Government since 2010 have tried to address these issues. Can I assure her, on the basis of six years in the Home Office, that they have been addressed? I will refer in my speech to the fact that Governments constantly have to look at these issues relating to immigration, rather than thinking that one piece of legislation will deal with the problem forever.
Priti Patel
I thank my right hon. Friend for making that point, which the Labour party should also recognise. A little earlier, the hon. Member for Hove (Peter Kyle) said, “In 11 years, what have you done?” As my right hon. Friend has just pointed out, cumulative efforts have been made—[Interruption.] Perhaps the hon. Member for Cardiff North (Anna McMorrin) would like to listen as well. It is important to note that over the years —my right hon. Friend is right, and in fact I am going to refer to a piece of legislation with which she will be familiar—change did come in, but unfortunately, for a range of reasons, the system is now being abused and gamed.
Priti Patel
I will give way shortly.
Our plan will increase the fairness of our system so that we can better protect those who are in need of genuine asylum. That is absolutely right, and it is important that we have that fair principle. However, it will also do something that I sense does not interest the Labour party: it will deter illegal entry to the UK, and, importantly, will break the business model of the smuggling gangs and protect the lives of those whom they are endangering.
Stephen Timms
One of the big problems at present is the very long time that it takes to determine asylum applications. Since the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), left the Home Office, the number of case workers has gone up but the number of decisions has gone down in every single year. Why has that catastrophic fall in productivity been allowed to occur?
Priti Patel
I shall go on to refer specifically to the time it takes to process cases, but the right hon. Gentleman will also be familiar with the number of appeals involved. This is not just about initial decisions; it is about the system itself, seen from an end-to-end perspective. That is why—and I will go on to make this case as well—in our new plan for immigration, as the right hon. Gentleman and all other Members will be aware, we are speaking about comprehensive end-to-end reform of the asylum system that looks at every single stage.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Will the Home Secretary explain why the number of initial decisions—not appeals—made by the Home Office dropped by 27% between 2015 and 2019, before the pandemic started?
Priti Patel
I thank the right hon. Lady for her question. In relation to the initial decision making—this point is absolutely in our new plan for immigration—we are looking not just at caseworkers, but at digitalising the system to make it much more efficient. The fact is that when more cases are coming in that are down to things such as illegal immigration—people being exploited by coming into the country illegally—the number of cases in the system has gone up. That is a fact. Cases have gone up over a significant period of time.
Priti Patel
I will shortly, but I am going to make a bit of progress. It is important to reflect on the fact that when it comes to reforming the immigration system and tackling many of these complex issues, there is no one-size-fits-all approach. I think it is important for all right hon. and hon. Members to recognise that we would be kidding ourselves if we thought there was a silver bullet and said, “There is one thing that could be done.” There are a range of cumulative issues that this legislation seeks to address.
When we launched our new plan for immigration, Labour effectively spoke out about many of the measures in the Bill and in the new plan for immigration. I think it is fair to say that the Opposition seem to think that the British people have the wrong priorities when it comes to tackling issues of migration and illegal entry.
Priti Patel
I will give way shortly, but I want to make progress first. The Opposition argue that it is wrong to deport murderers, rapists and dangerous criminals—[Interruption.] It is a fact. They think that border controls are wrong. They think that ending free movement is wrong. Well, Labour Members can sigh and shake their heads, but the fact of the matter is that over the last 12 months, when it has come to ending free movement and having discussions about reforming immigration and our points-based system, they seem to think that open borders are the answer. They obviously do not support our new plan for immigration. They do not like the people’s priorities when it comes to these issues, yet they have no plan.
Neil Coyle (Bermondsey and Old Southwark) (Lab)
The public seem to want a fair, fast and affordable system, so can the Home Secretary tell the public how much more the taxpayer will pay for her new proposals?
Priti Patel
In fact, the taxpayer will be saving money in the long run. We already spend over £1 billion a year on dealing with the failed and broken asylum system. If the hon. Gentleman has read the Bill and the new plan for immigration, which I urge him to do, he will see that there are a range of measures—
Sir John Hayes (South Holland and The Deepings) (Con)
Will my right hon. Friend give way?
Sir John Hayes
I am extremely grateful. Is not the truth of the matter that too often our courts exaggerate the significance of international treaties and obligations and, by so doing, frustrate the process by which we deport illegal immigrants, including large numbers of foreign criminals?
Priti Patel
I thank my right hon. Friend for his question and for his observation. There are a range of aspects, certainly through this Bill, that we are seeking to address in order to make courts and immigration tribunals more efficient. It is wrong for them to have endless appeals, where individuals frustrate the appeals process and clog up the system. It is right that we do that because otherwise there will be individuals—genuine people seeking to claim asylum—who are simply not getting their cases heard, and we want to make sure that we can give them the support.
Priti Patel
No, I will not.
For years, people have risked their lives to enter our country, such as those crossing the channel in dangerous boats to claim asylum. [Interruption.] I have been generous in giving way and I will give way again shortly, but I would like to make progress.
If there were simple and straightforward solutions to many of these challenges—my right hon. Friend the Member for Maidenhead (Mrs May) has touched on this—issues such as illegal migration to the UK would have been resolved by now, but illegal entry to the UK and the subsequent claims of asylum have become complex because of the nature of cases that arise. But I am absolutely clear that no one should seek to put their life, or the lives of their family, in the hands of criminals to enter the UK illegally, and I would like to think that that is an important point that this House can unite on.
The Bill will finally address the issues that over a long period of time, cumulatively, have resulted in the broken system that we have now. It is a system that is being abused, allowing criminals to put the lives of the vulnerable at risk, and it is right that we do everything possible and find measures to fix this and ensure that a fair asylum system provides a safe haven to those fleeing persecution, oppression and tyranny.
Sir Edward Leigh (Gainsborough) (Con)
We are receiving emails saying that this Bill is somehow cruel to illegal migrants, but is not the cruellest thing to do nothing? This very day, hundreds of people are putting their life at risk by crossing the channel. If we close these loopholes, if we clear up the doubts about human rights legislation and if we create safe havens, this trade will stop dead, as it did for Australia.
Priti Patel
My right hon. Friend is absolutely right. There are many ways in which we can address this problem, and creating safe and legal routes, which are in the Bill and are something I have spoken about many times, will build upon the generosity of our country. We are generous as a nation when it comes to providing refuge and support to people fleeing persecution, but what we have to do right now is stop this trade in which people are being exploited so that they can come to the country illegally.
Priti Patel
No, I am giving way to the hon. Member for Strangford (Jim Shannon), who has been waiting patiently.
Jim Shannon
I thank the Home Secretary for giving way. One of the things that greatly concerns me and others in this House, and I know it concerns her, is the children held in immigration detention. The figure has dropped since 2019, down to 73, but they often arrive having been separated from their family, or they arrive unaccompanied, unaware that they will be placed in detention straightaway. What will be done to help children in particular?
Priti Patel
I thank the hon. Gentleman for his question. I will shortly address some of these wider issues, but obviously, along with our work on safe and legal routes, we have to provide the right pathways and a secure environment for children to rebuild their lives. That is at the heart of our work in being humane, compassionate and fair.
Our system is overwhelmed, and it is a strong point of reflection that, because of the trends we have been seeing in organised immigration crime and gangs that are effectively exploiting vulnerable individuals, we now need to be able to provide support and to understand where those needs are coming from. Genuine people are being elbowed aside by those who are paying traffickers to come to our country.
Priti Patel
I will not give way.
As a nation, we have always stepped up to support refugees in need, and rightly so. This is a great source of national pride for our country, and of course that will never change.
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
Will the right hon. Lady give way?
Priti Patel
No, I will not give way.
Since 2015, more than 25,000 refugees have been resettled in the UK from regions of conflict under formal schemes, more than in any other European country. Again, reflecting on the comment made by my right hon. Friend the Member for Maidenhead, this has happened at a time when we have seen all sorts of challenges around the world and have seen people fleeing persecution, oppression and conflict.
In addition, more than 29,000 close relatives have joined those refugees in the UK over the past five years. Our country is not mean spirited or ungenerous towards asylum seekers, as some may claim.
Chris Bryant
May I gently say to the right hon. Lady that I do not think the issue is whether we are mean spirited or generous? The issue is whether the legislation that she is introducing will actually solve the problem. Every single Member of this House is opposed to illegal migration and every single Member of this House hates the trafficking that has made many vulnerable people put their children in terrible positions, through no will of their own. If we really are to have an end-to-end solution, do we not need to be able to answer the question of my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Chair of the Homes Affairs Committee? Do we not all have to be able to say how we will make sure that the factors that push so many people out of their country, when they would much prefer to stay, are dealt with?
Priti Patel
If the hon. Gentleman had followed much of the work undertaken by the Home Office prior to the introduction of the Bill, and if he had looked at our new plan for immigration, he would fully appreciate the end-to-end work that is already in train. There is a lot of upstream work to go after criminals outside the United Kingdom, not just in France but across Europe. We do a great deal of work with our partners around the world and across Europe on intelligence to go after criminal gangs, but he will recognise that that is one component of our work.
I have already spoken about the refugees we have resettled from parts of the world where there has been oppression and conflict. It is a fact that, since 2015, this Government, with the generosity of the British public, have spent billions of pounds on accommodation, education, healthcare and amenities to resettle people and keep them in their own regions. That is absolutely right. I can say from my time as Secretary of State for International Development that economic development in countries upstream is at the heart of everything we do. Of course, there is much more that we need to do on that.
Chris Bryant
This is a really important point. The vast majority of people who, as the Secretary of State said earlier, put their children at risk by putting them on boats to cross the channel are doing so only because they were forced to leave their country—they did not do so of their own free will. The more we can do to prevent that happening at source will, in the end, save us from some of this headache, will it not?
Priti Patel
There are a number of points to make on the hon. Gentleman’s intervention. First and foremost, no one would dispute the work that we do in other countries around the world, or how vital it is. All of our Governments have had a very strong record on that—on investment in people, in livelihoods, in women and girls, and in economic empowerment. That is fundamental to the work of the Government and always has been.
Secondly, we must recognise that, given the trends we are seeing in illegal migration, the majority of people entering the UK illegally are travelling through safe countries across the EU where they could claim asylum. Indeed, the figures bear this out. France, Germany, Belgium, the Netherlands, Italy and Greece are all safe countries, yet these people are being trafficked through those countries. Furthermore, the majority of people entering the United Kingdom are young men, not women and children, and they are paying the people smugglers to push those women and children to one side. That is why—
Several hon. Members rose—
Priti Patel
If I may just finish my remarks before I go back to my speech. That is why our focus is on creating safe routes and looking at what we can do outside the United Kingdom to help support women and children and families to come to the United Kingdom to resettle. These are important principles that we have already established in our resettlement schemes, and we do want to do much more in this area.
Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)
My right hon. Friend is making a very good speech. As we can see from the Bill, much needs to be done. I want to draw her attention to part 4, which deals with modern slavery. I was very proud when the Centre for Social Justice brought forward the paper and very proud that my right hon. Friend the Member for Maidenhead (Mrs May) brought forward the world’s first legislation on this subject. There are problems with part 4. I gently ask her and her team to retain an open mind about changes that may come forward, because we really do want to lead the world on this and be generous to those who are not just trafficked, but trafficked for the most abominable reasons.
Priti Patel
My right hon. Friend is absolutely right. He will know from our discussions that we will continue to work with him and others to ensure that we are doing the right thing. I will come to part 4 later in my remarks, but let me expand on exactly where we are seeing the problems and anomalies within the system. Of course we want to close them down, because modern slavery is absolutely abhorrent, but there are key elements that we also need to address.
Richard Fuller (North East Bedfordshire) (Con)
I cannot let the comment from the hon. Member for Rhondda (Chris Bryant) just pass. He made the point that people who seek asylum here are always fleeing their country because of persecution. I have many concerns about the immigration Bills that have been passed in this place, many by my right hon. Friend the Member for Maidenhead (Mrs May), the former Prime Minister. It is naive to think that the people coming through irregular routes are only seeking asylum for reasons of persecution. There are a large number who are seeking asylum based purely on economic migration. Is that not one reason why separating out regular and irregular people is such an important change in the way that we are pursuing the legislation?
Priti Patel
My hon. Friend is right, and that is where the system becomes conflated and there is no separation between the two. He is absolutely right to make that point.
Priti Patel
I will not give way. [Interruption.] I have been very generous in taking interventions, and I would like to make some progress.
It is important to reflect on the fact that, when it comes to anyone claiming asylum in the UK—this is established in long-standing legislation—we have a statutory duty in relation to accommodation, subsistence, cash and transportation. The system, as I have already mentioned to the hon. Member for Bermondsey and Old Southwark (Neil Coyle), is currently costing the taxpayer more than £1 billion a year. It is right that we look to reform the system, and not just to make it efficient but to ensure that we do the right thing. The very principle of seeking refuge has clearly been undermined by those who are paying to travel through safe countries and then claiming asylum in the UK. As my hon. Friend the Member for North East Bedfordshire (Richard Fuller) said, many of those are economic migrants and not just those fleeing persecution. People should be claiming asylum in the first safe country that they reach and not using the UK as a destination of choice. That is why our intention is to work—
Priti Patel
I will not; I have given way several times now.
Our intention is to address the wider system to fix this problem so that we can help those who are in genuine need to resettle here. We are strengthening through the Bill the safe and legal ways in which people can enter the UK, adopting a fair and firm approach. From today, I will be granting indefinite leave to remain to refugees resettled under our world-leading resettlement schemes, giving them the vital freedom to succeed from the moment that they arrive in our country and, importantly, offering certainty and stability to help them rebuild their lives from day one.[Official Report, 22 July 2021, Vol. 699, c. 9MC.] That is absolutely the right thing to do. From that, we can also learn and build better schemes going forward.
We also want to continue to strengthen our proud record to support those in need, such as, over the past few months, the brave Afghan nationals who have worked alongside our brave military and who are now benefiting from a bespoke resettlement scheme. That is in addition to the type of scheme we have set up for British nationals overseas from Hong Kong whose liberties were restricted and who are now able to live freely in the UK, with a full pathway to citizenship, thanks to the route that we opened up this year. We will always give people coming through safe resettlement schemes the support that they need, which is of course the right thing to do. From learning English to gaining employment and training, they will gain essential skills to build a new life in the UK. New pilots to support refugees into work are already happening. Community sponsorship schemes that are well-established and have been established over recent years are making an enormous difference and helping local communities to support refugees directly. We want to do more, and we are empowering more schemes like these every day.
Those displaced by conflict and violence will also be able to benefit from access to our global points-based immigration system to enable skilled people who have been displaced and who have fled their homes to come to the UK safely and legally through established routes. We will work with the charity Talent Beyond Boundaries and other partners on this pilot project. Up to 100 refugees in Jordan and Lebanon will be supported first to gain sponsorship from a UK employer. These are the types of schemes that we will continue to build on.
This is in addition to our world-leading resettlement schemes. Providing greater support to refugees arriving safely will reduce the incentive to enter the country dangerously and illegally, because when the British people object to illegal entry, they are right to make the case as to it being absolutely abhorrent. In 2020, 8,500 people arrived in the UK by small boat, 87% of whom were men and 74% of whom were aged 18 to 39. Those who claim that it is heartless to stop these illegal crossings have it all the wrong way round, because it would be heartless and immoral to let them continue to do so through these dangerous and perilous journeys. People have drowned in the channel, and thousands, some only recently, just three weeks ago, have died in the Mediterranean.
It is not just illegal sea journeys that are lethal. One of my first and saddest tasks as Home Secretary was to respond to the devastating and, really, preventable deaths of 39 Vietnamese people in a trailer found in Essex. The judge described their deaths through suffocation as “excruciatingly painful”. This terrible crime was organised by a gang; it was all gang activity. In recognition of the severity of this appalling crime, five members of the people-smuggling gang were jailed, with two ringleaders going down for 20 and 27 years respectively. Two lorry drivers were imprisoned on manslaughter charges with sentences of 18 years and 13 years, four months. Such cases are not just heartbreaking; there is only one word for them: they are evil. We have a moral duty to prevent such appalling atrocities from happening again. There is simply no justification for what is going on. People-smugglers are motivated by profit. They line their pockets with the takings to finance other crimes such as drugs and firearms-trafficking. They do not organise illegal entry by small boat and in the back of lorries out of kindness.
Three weeks ago, to give another example, late at night, I received what I can only describe as a sickening call from officials at the Home Office. They told me of reports of a family attempting to make their way across the channel who had been separated. They said that people smugglers in northern France had forced a mother and father to get into a small boat at gunpoint. They said that their family, their two young daughters, would be put in the next boat to make the crossing. When the parents refused to be separated from their children, the people smugglers threatened them again.
The anguish and distress of those parents is absolutely unthinkable, but it is all too common for families to be put into many such perilous situations by criminal gangs. Organised gangs involved in exploiting and trafficking children are of course involved in modern-day slavery. We have also had recent accounts of facilitators using violence. The threat of guns and violence has now become the norm. The threat of violence also includes rape to control people. We are talking about unimaginable wickedness. We cannot, in good conscience, fail to act. We have a moral obligation to stop this vile trade, because human beings are not cargo.
The status quo is entirely unacceptable. That is why I and this Government will look at all options—every option—and work with international partners on how to fix the system and save lives. We are determined to smash the criminal gangs who cause such misery. We are absolutely determined to break their business model.
Let me turn to the key measures in the Bill. It is illegal to arrive in UK waters without permission. Those who bring migrants to the UK and facilitate illegal entry will now face a life sentence. That criminal and exploitative behaviour can now be punished with the severity it rightly deserves. A maximum prison sentence for entering the country illegally will increase from six months to four years. We are sending—we need to send—a signal to those criminal gangs that there is increased risk of paying for propping up criminal activity to get to the UK illegally.
The Bill will also give Border Force additional powers, including powers to seize vessels used to facilitate illegal entry to the UK. Border Force will be able to search all freight for people suspected of seeking illegal entry, to prevent illegal trafficking and facilitation, like the case of almost 50 minors who were found recently hidden in tiny crevices in the back of a lorry with no chance of escape. This is what we are dealing with.
In addition to the changes and the powers for Border Force, we intend to make the border fully digital, which will not only allow us to count people in and out, but, importantly, help us to stop dangerous people coming here. Anyone who is not a British or Irish citizen will need to provide more information about themselves before they travel, including any history of criminality. Electronic travel authorisations have been a major step in our border security. Carriers will check that passengers have the digital authorisation, or another form of digital permission such as a visa, before they travel. They will risk a civil penalty if they fail to deny boarding to those without permission. We are also increasing the maximum penalty for hauliers caught entering the UK with an illegal migrant onboard from £2,000 to £5,000.
In addition to many of the changes included in the Bill, we will introduce new accommodation and reception centres, which are already used by many countries across Europe and elsewhere. They will provide new accommodation for processing and speeding up claims, and that will include the reforms to and digitisation of much of our own processes within the Home Office. Asylum seekers will be allocated to accommodation centres by the Department and the Home Secretary, rather than being dispersed across the United Kingdom, as we do already.
Currently, detained appeals are subject to the same rules as non-detained appeals. There is no set timeframe in which decisions have to be made. That can result in appeals taking a long time. We will reinstate an accelerated appeals process that is fast enough to enable claims to be dealt with from detention, while ensuring that a person who is detained has fair access to justice. That will expedite the removal of people without a legitimate need to claim asylum in the UK.
In recent years we have seen some of the most shocking cases of grown adults—mostly men—claiming asylum as children. Through deception, they have been able to access children’s services and education, leading to the most worrying cases and safeguarding issues. This Bill will change how someone’s age is assessed. Many countries around the world and across the EU already employ safe scientific methods, and we will start to do so. This will stop people falsely claiming to be children and protect genuine children from being moved into the adult asylum system.
The British public are incredulous that it is so hard to remove foreign criminals and failed asylum seekers from our shores. We are therefore amending the early removal scheme to help us to remove foreign criminals from the UK as early as possible. The British people have also had enough of foreign criminals getting one over on us. One foreign national offender first claimed asylum in 2001. He chose to leave the UK voluntarily in 2009, re-entering in 2011 with his wife and child and claiming asylum for a second time. He was deported in 2015 after a 15-month sentence for sexual assault on a child. He returned to the UK in breach of a deportation order in 2017 and was arrested and detained. He then went on to make a fresh asylum claim. He then appealed that refusal and eventually exhausted his rights to appeal.
In detention, this man sewed his lips together, refused food or fluid and declined healthcare. Then, in 2018, he was released on health grounds with electronic monitoring. He appealed this decision through the family courts and a hearing was scheduled for months later, acting as a barrier to removal. Then, in early 2018, he cut off his electronic tag. In 2019, he was arrested on suspicion of murder after his estranged wife was found dead. That is not justice, and it shows that our system is simply not working. Things cannot continue like this, and we must change the law so that we can remove dangerous foreign criminals and ensure that justice is done.
The Bill raises the minimum sentence for any foreign criminal who returns to the UK in breach of a deportation order from six months to five years.[Official Report, 22 July 2021, Vol. 699, c. 9MC.] It speeds up appeals and stops the endless cycle of baseless claims. People who are subject to removal action often wait until the very last minute to make a challenge, leading to cancelled flights and delayed removals—I am sure that my right hon. Friend the Member for Maidenhead could recount many tales from her time as Home Secretary—and this has become standard practice when it comes to too many of these cases with foreign national offenders and others.
Time and time again, we see murderers, rapists and child abusers launching numerous last-minute claims to attempt to try to stay in the UK. That simply is not right. These last-minute claims and appeals mean that criminals can thwart removal from our country, even when they are on the tarmac ready to be removed from the UK. We have had far too many cases like that, and we and the British public are sick of it.
Through this Bill, all protection-related issues will need to be raised up front and in one go, and that includes, as my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) has already said, claims of modern-day slavery. It will stop the endless cycle of people raising repeated claims to frustrate their removal. Our approach is fair, but firm. It is firm where we have seen too many abuses over many years and, in fact, decades. The notice period of an intention to remove someone will be standardised, and we will provide fair access to justice and legal advice for individuals.
Slavery is one of humanity’s greatest evils, and it has never gone away. It was a Conservative Government who pushed through the Modern Slavery Act 2015, led by my right hon. Friend the Member for Maidenhead when she was Home Secretary. The House recognises—we all do—that she deserves immense credit for the work that she undertook. It was an act of good faith that other countries have since been inspired to follow. We will continue, as we have done, to protect victims of modern slavery by creating a statutory grant of leave for confirmed victims. They of course need the time and the support to recover from their horrendous and appalling ordeals, and the authorities also need time to bring perpetrators to justice.
I would also like to pay tribute to many colleagues in the House and to policing partners as well, who have worked diligently. My right hon. Friend the Member for Chingford and Woodford Green has already mentioned the Centre for Social Justice, but we have worked with policing partners as well to look at many of the cases around law enforcement and bringing perpetrators to justice—how difficult some of those cases are. But the law on modern slavery is being exploited.
Priti Patel
The hon. Gentleman will have his chance to speak shortly.
There has been an alarming increase in the number of illegal entrants and foreign national offenders, including child rapists and people who pose a national security risk seeking modern-day slavery referrals to avoid immigration detention and frustrate removal from the UK.
One individual, who was granted indefinite leave to remain in the UK, had that leave revoked following persistent offending that led to a prison sentence adding to more than 12 months. They were subject to a deportation order, a decision upheld by the courts. On the day that they were due to be removed, they went on to make an asylum claim. Once that was refused, they claimed to be a victim of modern slavery in relation to incidents several years before they came to the United Kingdom. This was then referred to the national referral mechanism, which rightly identifies and supports victims of modern slavery. Decisions on these cases currently take around 12 months, with a low bar for postponing removal. The person was released from detention and their removal was postponed. They subsequently absconded and went on to commit further serious offences.
The Bill contains vital measures to ensure that victims are identified as quickly as possible, while making it easier to distinguish between genuine and non-genuine accounts of modern slavery. It is absolutely right, as I have said throughout my remarks this afternoon, that we are doing the right thing to support genuine victims and genuine asylum seekers. This is where we absolutely need to reform the system, to close down loopholes and gaps that are being exploited by those who have been a harm to British citizens and who have no legal right to be in the UK.
Help and support will be available where there are reasonable grounds to believe that a person is a victim, rather than that they may be a victim. People claiming asylum or human rights protections will be required to provide relevant information relating to being a victim of slavery or human trafficking within a specified period. In response to my right hon. Friend the Member for Chingford and Woodford Green, I say that this is exactly the area where we need to do more work. We will absolutely work with Members of the House and other organisations to make sure that we have the right protective measures in place for those who have absolutely been victims of modern-day slavery.
Sir Iain Duncan Smith
The Home Secretary is being most generous in giving way. The time in which people are granted leave to remain has a bearing on whether we can prosecute those who are guilty, because they need to be settled, in a settled state, able to give evidence and not fearing what will happen next. This will have a huge impact on the ability to prosecute those who traffic them.
Priti Patel
My right hon. Friend is absolutely right. Without going into detail here, I give him the assurance that this is effectively what we are seeking to achieve and are working on right now. The point has been very well made by him and by the Centre for Social Justice. Linked to his comment, it is right that we pool all our resources into helping genuine victims of modern slavery and that we do not allow dangerous foreign criminals, who are effectively pushing aside real victims, to go on to abuse the system for their own despicable means.
We already maintain a list of safe countries that consistently adhere to international human rights law, to stop people delaying removal by falsely claiming that their human rights are at risk. Every EU country will be on that list, as they are safe countries. That speaks to the point frequently made and discussed in this House that people moving through safe countries—through EU member states—should seek to claim asylum in the first safe country, not to come to the UK as a destination of choice. Furthermore, we are taking a power to allow us to remove countries from the list as well as adding them to it, so that the list can remain relevant and appropriate to our needs as assessments change.
If someone’s human rights claim is clearly unfounded, there will no longer be a right to appeal. Whether someone has complied with the asylum or removal process will also be considered when deciding whether to grant immigration bail. Other countries must co-operate when taking back those citizens who have no right to be in the UK. If countries do not co-operate in the return of their nationals, their access to our generous, fast and open visa system will be at risk. Every effort will be made to remove those who enter the UK having travelled through a safe country in which they could and should have claimed asylum.
For the first time, how people arrive in our country will impact on how their claim is progressed. Those we cannot remove but whose claims prevail will receive only temporary status with limited entitlements. Anyone who arrives in the UK via a safe third country may have their claim declined and be returned to a country they arrived from or a third safe country.[Official Report, 22 July 2021, Vol. 699, c. 9MC.] People who make a successful claim after arriving via another safe country may receive new temporary protection status without the same benefits and entitlements, and that will be reassessed periodically.
The Bill also makes it easier to remove someone to another safe country while their asylum claim is being processed and enables us to recover taxpayers’ money from lawyers where their unreasonable behaviour wastes the courts’ and other parties’ resources.
Priti Patel
No, I will not give way. I have taken many interventions.
We are also closing the loophole that has prevented the defence of some immigration decisions on the ground of national security.
I am resolute that we must fix a terrible injustice suffered by the Windrush generation and others who were denied British citizenship unfairly—
Priti Patel
By successive Governments, if the hon. Gentleman had read the Wendy Williams report about Windrush. I have already overhauled the Windrush compensation scheme. I urge colleagues across the House to help us encourage people to come forward. What happened to them must never be repeated. That also means fixing our outdated nationality laws. The Bill gives the Home Secretary power to grant British citizenship to people who would have become British citizens if not for unfairness and exceptional circumstances beyond their control. For example, in one case, an individual was refused citizenship due to an absence from the UK on a given day, despite many years of previous residence. Of course it was not his fault.
The Bill provides further flexibility to waive residency requirements to help members of the Windrush generation and others acquire British citizenship more quickly. That will also mean that children unfairly denied British overseas territory citizenship can finally acquire citizenship here. That was one of the anomalies that came out in the Windrush scandal.
Our laws must be clearer and easier to understand. The “Windrush Lessons Learned Review” by Wendy Williams also said that immigration and nationality law is complex. The Bill gives the Home Secretary the power to simplify and consolidate immigration law so that we can address many of the citizenship anomalies that have existed for too long—for decades, in fact.
The British people are generous and compassionate. As I said to the hon. Member for Rhondda earlier, they give billions of pounds every year in overseas aid to provide support in countries around the world, to empower countries and communities and to invest in many economies. The British public also embrace those in genuine need and want people to succeed. They also want a system that is fair and firm—fair to the British people and to those in genuine need, but firm against the criminals and those who exploit our generosity by gaming the system.
The Bill is critical to delivering that new fair but firm system. It is also central to our new plan for immigration. It goes a long way to addressing decades of failure and challenges, in the law and illegal migration and in immigration courts and tribunals, in the way in which I have just reflected upon. The Windrush scandal has shone a spotlight on many of the anomalies that have existed when it comes to citizenship. We will change those areas, with secure borders and rules that will be easy to understand. That is part of the cumulative end-to-end change that we seek to introduce.
We want to slam the door on foreign criminals, put organised crime gangs out of business, and of course give help and support to those in genuine need. Everyone who plays by the rules will encounter a new system—
Madam Deputy Speaker
Order. That is not a point of order. We are starting a debate, the purpose of which is to allow this House to hold the Government to account. We will be doing so until 10 o’clock tonight, and then again tomorrow. That is not a point of order, and the hon. Lady knows that.
Priti Patel
This is an important Bill, and it is right that we have given the House plenty of time to debate it.
We are seeking to achieve systematic, end-to-end reform of this system, but it is complex—it is absolutely complicated. Throughout this debate and in Committee, I hope all hon. Members will reflect on some of the points that have been made by Government Members. Over decades, we have found anomalies in our system. I have mentioned Windrush, tribunals and many of the processes that we want to streamline, which will of course deal with efficiency and productivity in case management.
Fundamentally, the new system will be fair to those who need our help and support. Everyone who plays by the rules will encounter a new system that is fair but firm. As representatives of the British people, we will be finally in control of many of these highly challenging issues that many successive Governments have sought to address in different ways, but now this Government are committed to fixing the broken system.
Madam Deputy Speaker (Dame Eleanor Laing)
Order. Before I call the shadow Home Secretary—[Interruption.] I would be obliged if the hon. Member for Bermondsey and Old Southwark (Neil Coyle) did not speak loudly while I am on my feet. He can heckle other people, but he should not be heckling the Chair. I draw to the House’s attention the fact that there is obviously a very large list of people who wish to take part in this important debate. Therefore, there will be an initial time limit of four minutes, which will be reduced to three minutes at some point, depending on how fast we proceed.
Nick Thomas-Symonds
The Home Secretary shakes her head, but in the 2019 report “Responding to irregular migration: A diplomatic route” the Foreign Affairs Committee warned of exactly that:
“A policy that focuses exclusively on closing borders will drive migrants to take more dangerous routes, and push them into the hands of criminal groups.”
The Home Secretary should remember that because she was a member of the Committee at the time and her name is attached to the report.
While we are debating—or at least should be debating—a plan for refugees, we should cast our minds back to last week and the failure to restore the 0.7% commitment to international aid. The Department for International Development was tasked with delivering help to countries to tackle poverty and the drivers of people becoming displaced from their homes in the first place. The abolition of that Department was wrong and short-sighted. The work that was going on around the world to tackle the refugee crisis has been starved of funds, with programmes suddenly cut off. Our reputation around the world as a force for good has been damaged. The Government should restore the Department for International Development and restore spending to 0.7%.
The Bill is as wrong as it is ineffective. It will not tackle people smugglers, and it will not protect victims of human trafficking. It is, in reality, a continuation of this Government’s culture war. It is a culture war that led them to side with those booing the England men’s football team for taking the knee. Instead of supporting that brave stance against racism, the players were dismissed as taking part in “gesture politics” by the Home Secretary, and were told to stay out of politics altogether by other Conservative MPs. Last week, the Government refused to live up to their promises on international aid, and they ran away from their own failure to stand with football players against racism. This week, they promote more division with this Bill. As ever, they talk tough, but deliver nothing.
As it stands, the Bill is a charter for human trafficking. It is a missed opportunity that represents the worst of all worlds, lets evil criminals off the hook, and fails those who have been exploited. The cruel irony of this Government’s approach is that they are weak on taking action against criminal gangs, and brutal when it comes to orphan children from war zones. I ask all Members of the House to reject the Bill in the vote tomorrow.
Priti Patel
Main Page: Priti Patel (Conservative - Witham)Department Debates - View all Priti Patel's debates with the Home Office
Nationality and Borders Bill
Priti Patel ExcerptsWednesday 8th December 2021
(3 years ago)
Commons ChamberRead Full debate Nationality and Borders Act 2022 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 8 December 2021 - (8 Dec 2021)
The Secretary of State for the Home Department (Priti Patel)
I beg to move, That the Bill be now read the Third time.
Madam Deputy Speaker, may I echo your remarks—
Priti Patel
Thank you, Madam Deputy Speaker. May I echo your remarks—[Interruption.]
Madam Deputy Speaker (Dame Eleanor Laing)
Order. If the hon. Gentleman rises again, I will require him to leave the Chamber.
Priti Patel
Thank you, Madam Deputy Speaker. It is appalling that we have seen these delaying tactics today.
This Bill introduces the most significant overhaul of our asylum system in over two decades, and it is a shame that Members of this House have brought in these delaying tactics today to prevent this debate. Our Bill will bring in a new, comprehensive, fair but firm long-term plan that seeks to address the challenge of illegal migration head on. Illegal immigration is facilitated by serious organised criminals exploiting people and profiting from human misery.
Madam Deputy Speaker
Order. We will now hear the Home Secretary and the shadow Home Secretary.
Priti Patel
Thank you, Madam Deputy Speaker. I will not give way further, so that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) can have some time. The Back Benchers have debated this Bill already.
Pete Wishart (Perth and North Perthshire) (SNP)
Will the Minister give way?
Priti Patel
No I will not, because I want to give the right hon. Lady a chance to speak in the debate and quite frankly, other Members on the Opposition Benches have already delayed the debate.
Illegal immigration is facilitated by serious organised criminals exploiting people and profiting from human misery. Illegal migration is counter to our national interests, because those criminal gangs and networks are also responsible for other illicit activity including those involving drugs, firearms and serious violence. If left unchecked, it is a risk to our country and our national interests. Illegal migration is counter to our moral interests, because it means that people are put into the hands of ruthless criminals, which we want to stop because it endangers lives. By facilitating illegal entry via unsafe means such as boats, lorries and sealed shipping containers—
Priti Patel
I will not give way, because I want to leave some time for the right hon. Member for Normanton, Pontefract and Castleford. The hon. Gentleman would have had time to contribute from the Back Benches during the debate on Report.
Families and young children have lost their lives at sea and in lorries and containers because they put their trust in the people traffickers. The challenge is not unique to the United Kingdom, but we as a Government are seeking to address these issues in a responsible way, because they have been neglected for far too long. Let us not forget that the British public are angered by what they see. The British people are fair and generous when it comes to helping those in need—[Interruption.]
If I may, hon. Members have had hours to debate this Bill. They are screaming and using delaying tactics because they lack the solutions to these problems, and we are going to put fundamental reforms into statute.
The reality is that the system is broken. It has been open to gaming and criminal exploitation, and we are compelled to act with the simple principle of fairness. We are the only Government who will bring forward a balanced Bill. We are bringing forward a legislative framework that is firm and fair, prioritising those in genuine need. We will have powers to stop illegal entry and to break the business model of the evil people smugglers, who will face life in prison, which is something all Opposition Members have opposed completely.
We will bring in tough new sentences—maximum life sentences—for people smugglers and facilitators. There will be new rules to stop unscrupulous people posing as children, and there will be stronger enforcement powers for Border Force. Importantly, those who travel through a safe country should claim asylum in that safe country, rather than asylum shopping in the way we see right now.
Madam Deputy Speaker (Dame Eleanor Laing)
Order. Sit down. The Home Secretary does not have time to take interventions, neither will the shadow Home Secretary, because time has been wasted by the Members on the SNP Benches. Stay in your seat.
Priti Patel
They do not like hearing the fact that this Government will seek to rapidly remove those with no legal right to be in the UK. We are establishing a fast-track appeal process and streamlining the appeal system, making it quicker to remove failed asylum seekers and dangerous foreign criminals, the very people they would like to keep in this country. We will tackle the practice of meritless last-minute claims and appeals that clog up the courts, which is a fundamental unfairness that, by the way, even the legal profession says has been frustrating it for too long because the justice system has been gamed. We will protect the rights of modern-day slavery victims, too.
On that basis, we will bring in a fundamental change. The Opposition have had a chance to back the Bill, and they have chosen not to back the Bill. They want open borders, and they would encourage more people smuggling and more dangerous crossings that would compromise our national interest and our public safety. Our opponents have no answers to this Bill, and we are the ones who want to control illegal migration. We want to take back control of our borders. Many Opposition Members have written letters opposing the deportation of murderers and rapists. [Interruption.] They can say they have not, but they have.
This Bill will bring in fundamental reform, and I commend it to the House.