Illegal Migration Bill

Robert Buckland Excerpts

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[Robert Jenrick]

I understand the hon. and learned Lady’s point. I say two things in response. First, the premise of asylum claims being handled in safe third countries is that those countries must be safe. Through our partnership with the Government of Rwanda, we have done work to ensure that appropriate safeguards are put in place. That has been tested by the courts, and remains an ongoing matter for the courts. Secondly, we placed a safeguard in the scheme: a person can claim that their removal to that country would put them at real risk of serious and irreversible harm, which includes persecution. I completely understand why the hon. and learned Lady says what she does, and the legitimate concern that she voices, but I do not think that the instance that she raises is founded in reality. If it were, we would take that very seriously indeed, because the Government do not want to do anything to compromise the safety and security of LGBT people.

In response to Lords amendments 73 and 74 about the power to amend the meaning of “serious and irreversible harm”, we have sought to provide further assurance by bringing forward an amendment in lieu to ensure that the power cannot be used to remove the provisions in clause 38(4) that set out what constitutes serious and irreversible harm.

Lords amendments 8 and 9 undermine a key plank of the Bill, which is the provision under which asylum and relevant human rights claims can be declared inadmissible. Lords amendment 8 would incentivise people smugglers to prioritise unaccompanied children, which would put more young lives at risk and split more families. Amendment 9 would simply afford illegal entrants yet another opportunity of playing the system and dragging things out as long as possible, in the hope that they would become eligible for asylum.

Lords amendment 50 seeks to limit the Secretary of State’s power to transfer a child out of local authority accommodation and into accommodation provided or arranged by the Secretary of State, by providing that the Secretary of State may do so only where that is necessary to safeguard and promote the welfare of the child. Again, the amendment is unnecessary and duplicates existing law. Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Home Secretary is already required to have regard to the need to safeguard and promote the welfare of the child when making a decision to exercise the “vice versa” power.

Moving on to safe and legal routes, Lords amendment 102 relates to clause 59, which requires the Home Secretary, within six months of Royal Assent, to prepare and publish a report on the safe and legal routes by which persons may enter the UK, including any proposed additional safe and legal routes. Lords amendment 102 would in effect mandate that such additional safe and legal routes be brought into being within two months of the publication of the clause 59 report. Again, the amendment is unnecessary. As I set out on Report in April, we will implement any proposed new routes as soon as practicable, and in any event by the end of 2024.

[Sir Robert Buckland (South Swindon) (Con)]

I have listened very carefully to everything that the Minister has said on this subject, and I know that he is sincere in his intentions. We agree on the need for a quota when it comes to safe and legal routes, but will he accept that 18 months hence is an inordinately long time, bearing in mind that the Bill will have come into force? While we might not be able to have complete synchronicity of new routes with the coming into force of this important Bill, can we at least have a much greater sense of urgency, and bring forward proposals for safe and legal routes much sooner than the end of next year?

[Robert Jenrick]

My right hon. and learned Friend and I share a concern on this issue. We want to bring forward any new routes as soon as is practical; he has my assurance, and that of the Government, that we will move as quickly as we can. I do not think it is practicable for new routes to be brought into being within two months of the publication of the report provided for in clause 59. It inevitably takes time to work with partners such as the United Nations High Commissioner for Refugees on developing a credible scheme, and to implement it. It is important that we give the Home Office the necessary time. However, I have been very clear that we will move as quickly as possible. [Interruption.] The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) says that we have had 13 years; more humanitarian visas were issued last year by this Conservative Government than probably any Government since the second world war. Since 2015, under a majority Conservative Government, 550,000 people have entered the UK on humanitarian grounds. That compares extremely favourably with the record of the Government of which she was a member.