Illegal Migration Bill

Rachael Maskell Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Stephen Kinnock]

My hon. Friend makes an absolutely valid point about the lack of an impact assessment for children, but there is a broader point about the lack of impact assessment full stop. It is completely and utterly unacceptable that we in this House should now be debating a Bill with no impact assessment having been published in advance. That shows a sort of disrespect to the House that really needs to be put on the record.

I am having to limit my time to discussion of the Opposition Front Benchers’ amendments, so I will not be able to raise my many questions and concerns about some of the provisions on legal proceedings in clauses 37 to 49. Some clearly appear to pose a real threat to due process and to our respect as a country that upholds the rule of law. The entire Bill is shot through with inconsistencies, unresolved questions and bizarre contortions of logic that can only have the effect of worsening the very problems the Government say they are trying to solve.

Just one example of that is highlighted by amendment 41, which I tabled as a means of probing the Government’s thinking on a measure that simply does not appear to have been properly thought through. Clause 45 states that where an appeal against a removal notice is upheld, the duty to remove that person no longer applies—so far, so sensible. The problem is that nothing in the Bill says that any asylum claim made by a person in such a situation would then be considered: those claims would continue to be inadmissible. That means we will end up with situations where there are people who cannot be removed, because a court has ruled that doing so would pose unacceptable risks to their safety, but who also cannot lawfully remain in the UK because of the Government’s refusal to accept their claim for asylum. The law would effectively be saying that a person can neither leave nor remain in this country. If the Minister has an answer to the question of what then happens to a person in that situation, I would love to hear it.

[Rachael Maskell (York Central) (Lab/Co-op)]

I am grateful to my hon. Friend for the points he is making. I want to return to the point about detaining children, however, because we know that under this Government, hundreds of children have gone missing, and for some of them—hundreds, in fact—we still do not know where they are. Is it not right for children who come to this country to be placed immediately under the care of local authorities, which can then put proper safeguarding in place to protect those most vulnerable people?

[Stephen Kinnock]

My hon. Friend is absolutely right. She points to a broader failing, and to a clear indication of the shambles and chaos that we have within the broader asylum system. The backlog in the system is out of control, there are massive safeguarding issues, and really it is just more grist to the mill for the people smugglers and the traffickers. That is why this issue has to be addressed.

To sum up, this is a dog’s breakfast of a Bill, and this debate feels like something of a charade, because everyone knows that not only is the Bill unworkable, but it is not even intended to work. Nevertheless, we hope that colleagues across the House will support our amendments and new clauses in the Division Lobby this evening, because let us be clear, Madam Deputy Speaker: Ministers know full well that this Bill is an entirely counterproductive piece of legislation, but they do not really care. In fact, they will be more than happy to see it failing, because then they can blame our civil servants, the EU, the lawyers, the judges, the Labour party, the football pundits, or whoever they can think of.

Why are the Government doing this? Well, the answer is staring us in the face: they know that come the general election, they cannot stand on their record of 13 years of failure, so instead they will whip up division, stoke anxiety and fire up the culture wars. Our constituents know where the buck stops, though. They want solutions, not soundbites; they want the Labour party’s common sense, hard graft and quiet diplomacy, not government by gimmick; and when this Bill fails, they will know that only a Labour Government’s five-point plan for asylum will stop the dangerous crossings, fix our broken asylum system, and get our country back on track after 13 years of Tory failure.

Illegal Migration Bill

Rachael Maskell Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Robert Jenrick]

I am not sure exactly what the hon. Lady’s question was. If it was about access to safe and legal routes, let me be clear, as I have in numerous debates on this topic, that since 2015 the UK has welcomed more than 500,000 individuals here—it is nearer to 550,000 now—for humanitarian purposes. That is a very large number. The last statistics I saw showed that we were behind only the United States, Canada and Sweden on our global United Nations-managed safe and legal routes, and we were one of the world’s biggest countries for resettlement schemes. That is a very proud record. The greatest inhibitor today to the UK doing more on safe and legal routes is the number of people coming across the channel illegally on small boats, taking up capacity in our asylum and immigration system. She knows that only too well, because we have discussed on a number of occasions one of the most concerning symptoms of this issue, which is unaccompanied children who are having to stay in a Home Office-procured hotel near to her constituency because local authorities do not have capacity to flow those individuals into safe and loving foster care as quickly as we would wish. That issue is exactly emblematic of the problem that we are trying to fix. If we can stop the small boats, we can do more, as a country, and be an even greater force for good in the world.

[Rachael Maskell (York Central) (Lab/Co-op)]

Will the Minister set out how my constituent will be protected? He is Albanian and has been subjected to modern slavery by gangs from Albania. He has three bullet holes in his body and, if he returns, perhaps those gangs will give him more. How will he be protected?

[Robert Jenrick]

The existing arrangement that we have secured with Albania—incidentally, Albania is a signatory to the European convention against trafficking— enables us to safely return somebody home to Albania, with specific assurances to prevent them being retrafficked to the United Kingdom and to enable them to be supported appropriately upon arrival.

On the broader issue of modern slavery, the Bill makes a number of important protections when we establish the scheme. If they are party to a law enforcement investigation, their removal from the country will be stayed. We have said that we will bring forward statutory guidance, giving them a 30-day period, allied to the period set out in ECAT, to come forward and work with law enforcement, which is extendable if that enforcement activity goes on for some time. We would then only remove that person either back home to a safe country, such as Albania, or to a country, such as Rwanda, where we have put in place appropriate procedures to ensure that that Government, in turn, looks after them.

I point the hon. Lady to the judgment in the Court of Appeal that made some criticisms of the Government’s approach, but did not say that the arrangements in Rwanda with respect to modern slaves were inappropriate; it supported the Government in that regard. We will clearly put in place appropriate procedures to ensure that victims, such as the one she refers to, are properly supported.

--- Later in debate ---

[Stephen Kinnock]

The Minister is talking absolute nonsense. I am proud of the fact we have many Syrians in our constituency. We have Ukrainians in our welcome centre. Discussions are ongoing between the Home Office and the Welsh Government. The incompetence of his Government means that they are not managing to house them. Wales is ready to have that dialogue with the Home Office.

[Rachael Maskell]

I find it a shocking admission from the Minister—we are fighting for the relatives of people in Afghanistan whose lives are at risk—that these Afghans are being blocked by him because he is not making available those safe routes to bring them to constituencies such as York, where we welcome refugees.

[Stephen Kinnock]

I completely agree with my hon. Friend. There are real concerns about the safety and security of those Afghans now in Pakistan. It is possible that they will be sent back. It is up to the Home Office to facilitate their transfer to the United Kingdom under ARAP and the Afghan citizens resettlement scheme, but like so many things with this Home Office, it is just a catastrophic failure of management.

In trotting out the lines about the schemes that I mentioned, the Minister conveniently ignores the fact that none of those schemes help those coming from other high grant-rate countries in the middle east and sub-Saharan Africa. Neither he nor the Home Secretary have been able to answer questions from their own Back Benchers on that precise point.

The final point of our plan is to tackle migration flows close to the conflict zones where they arise through targeting our aid spending. That is a longer-term mission, but it is no less important than any of the other steps we need to take to meet these migration challenges. I therefore see no reason for the Government not to support Lords amendment 107B in the name of the Archbishop of Canterbury, which would instruct the Government to develop a 10-year plan to manage migration.

I have lost count of the number of times we have come to the Chamber to debate the Government’s latest madcap Bill or hare-brained scheme. Not one of those Bills has helped to stop a single boat, and the Government have sent more Home Secretaries to Rwanda than they have asylum seekers. They are wasting their own time and the time of the House, and they really are trying the patience of the British people. It really is desperate stuff, and it has to stop.

In stark contrast to the hopeless, aimless and utterly self-defeating thrashing around that has come to define the Government’s approach to the asylum crisis, Labour recognises that there is a way through: a route based on hard graft, common sense and quiet diplomacy. It comes in the form of the Labour party’s comprehensive plan, based on core principles, with a commitment to returning asylum processing to the well managed, efficient, smooth-running system we had prior to the catastrophic changes brought in by Conservative Ministers in 2013, which downgraded decision makers and caseworkers, leading to poorer results. With that, we have a commitment to go further in fast-tracking applications from low grant-rate countries so that we can return those with no right to be here, and fast-tracking applications from high grant-rate countries so that genuine refugees can get on with their lives and start contributing to our economy, enriching our society and culture. A third, key principle is the need for international co-operation, as I have set out.

This is not rocket science; it is just sensible, pragmatic, serious governance. It is working in the United States, where the Biden Administration are winning the battle. They have introduced a combination of swift consequences for those who cross the border illegally; orderly paths and controls on which migrants can apply for asylum and where they do so; sensible, legal pathways for high grant-rate nations; and strong co-operation with Mexico. The result is that they are bringing numbers down significantly and quickly. The challenge is not over yet, and we would not see President Biden being foolish enough to go boasting at the border, but that shows that progress can be made.

The Labour party is not interested in performative cruelty, chasing headlines or government by gimmick. We have a plan that will stop the boats, fix our broken asylum system and deliver for the British people. In contrast, the Conservative party has run out of ideas and run out of road. It should get out of the way so that we can get to work.