Illegal Migration Bill

Robert Jenrick Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Yvette Cooper]

My hon. Friend is right. Those are damning words that we have heard from the Board of Deputies and many other organisations on the impact this legislation will have.

At the heart of the Bill, there is a con. The Prime Minister has pledged that anyone who arrives in the UK without the right papers will be detained and swiftly removed, “no ifs, no buts”. But where to? Not to France, because the Prime Minister failed to get a returns agreement, and he has failed with other countries as well. The Bill makes it harder to get returns agreements, because it undermines compliance with the international laws and standards that those other countries are committed to upholding—standards that we used to be committed to upholding.

People will not be removed to Rwanda either; the Home Secretary has admitted already that that scheme is failing. The taxpayer has already written a £140 million cheque. The Home Office says it is unenforceable, with a high risk of fraud and no evidence of a deterrent effect. The Israel-Rwanda deal increased trafficking, rather than reducing it. At most, the Rwandan authorities say that they may take a couple of hundred people, but 45,000 people arrived last year.

[The Minister for Immigration (Robert Jenrick)]

indicated dissent.

[Yvette Cooper]

The Immigration Minister shakes his head, but he said in a statement in December in this House that the initial promise was to receive 200 people and the further preparations had not been made.

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[Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)]

The words of the hon. Member for Boston and Skegness (Matt Warman) must have some meaning for him. They do not for anybody else in this debate, because they do not make any sense or bring any delivery for the people we represent.

This country is based on the rule of law. We are in the UN Security Council. We wrote the European convention on human rights. We were the main principals behind the Geneva convention. We penned the war crimes legislation that is now in existence. People here are being accused of being lefty lawyers for doing the right thing and standing up for people and for our rights which are enshrined in law. We have always worked to the letter of the law, and so we should.

The Home Secretary takes no advice from the Bar Council and no advice from the Law Society, which both say that the Bill will create contradictions and will have problems in the courts, just like those the Government have already had. The Government do not want to do anything about that, and that is a problem. There are no safe routes for anybody to come through. Afghanistan has been closed. Hong Kong has been closed.

[Robert Jenrick]

indicated dissent.

[Mr Mahmood]

The Minister shakes his head. If he tried getting out of Afghanistan, he would see what the issues are.

Women who have been trafficked will have no support under the Bill. Young children in jeopardy will have no support under the Bill. The Bill is against the people, and against the human rights and civil liberties of people. The Labour party does not say there is an open and a free door. That is what the Tories say about the Labour party. The Labour party is here to look at open and positive immigration. That is what we want to do.

The Home Secretary said that she cannot be xenophobic or racist just because of her colour and origins. I say to her, being of the same colour and origin, that that is exactly what her politics are about—dividing our society and our community based on that. That is what she continues to do. The best thing that she can do is to look at what is right for the people, rather than making political decisions that she thinks will win her the next election. That is not the case. The people of the United Kingdom are not so naive as to allow this huge nonsense of xenophobia and racism from her party. She needs the knock of humanity to move forward with these issues.

We are all here representing all of our constituents—the Home Secretary does not understand that. For her sake and for the sake of all the people who come here, I hope that we are responsible for human beings and show humanity moving forward.

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[The Minister for Immigration (Robert Jenrick)]

This has been a passionate debate characterised by many excellent speeches, and I commend among others on my side my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) and my hon. Friend the Member for Boston and Skegness (Matt Warman) for a series of outstanding speeches. I commend none more than my hon. Friend the Member for Gedling (Tom Randall), who said that his constituent had told him:

“I implore you to vote to stop this vile trade…and you and your fellow MPs can make it happen.”

He spoke for the country.

As my right hon. Friends the Prime Minister and the Home Secretary have made clear, we must stop the boats and secure our borders. Our approach is guided by that most British of values: fairness. The present situation is anything but fair. Ours is a generous and compassionate country and we will continue to offer sanctuary and refuge to those fleeing persecution, conflict and tyranny, but we will not accept mass illegal migration to our shores, orchestrated by people smugglers. It is for that reason that we are introducing this Bill today, to address this challenge once and for all.

Let me start by addressing some of the important points that were raised, first by those hon. and right hon. Members who have argued for the exclusion of children and families from the scheme or the detention powers. This is a difficult and sensitive topic, but let me be clear: we cannot allow women and children to be used as pawns in the people smugglers’ despicable trade. I have seen for myself the depravity of the people-smuggling gangs. There is no low to which they would not stoop. They have no regard for human life. If we were inadvertently to create an incentive to split up families and to encourage adults to make false claims, there is no doubt in my mind that the people-smuggling gangs would do it. That is why we will handle this issue with the sensitivity it deserves, but we will also ensure that we break the evil people smugglers’ model.

My right hon. Friends the Members for Maidenhead (Mrs May) and for Chingford and Woodford Green (Sir Iain Duncan Smith) both spoke powerfully about the modern slavery frameworks they forged and the need to protect genuine victims. We agree. The Government are committed to tackling the heinous crime of modern slavery and to supporting victims, and it is for that reason that we want to prevent abuse. Just 6% of detentions ending in 2019 involved a modern slavery referral, rising to 53% in 2020 and 73% in 2021. We have to defend the modern slavery architecture by reforming it and ensuring that it is not open to abuse.

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Home Secretary, spoke eloquently, but she could not bring herself to say that those crossing the channel in small boats are illegal or that it is wrong to break into our country.

[Mr Khalid Mahmood]

Will the Minister give way?

[Robert Jenrick]

No, I will not.

Nor could the shadow Home Secretary explain what these migrants, the overwhelming majority of whom are young men, fleeing through Greece, through Italy, through Germany, through Belgium, through the Netherlands and, indeed, through France are actually fleeing. She lamented the absence of a European replacement for the Dublin agreement, but she failed to mention that just 1% of the UK’s transfer requests were granted in 2020 and that, year after year, we took back more people than we transferred. She did not provide one credible proposal to stop the boats, which should come as no surprise because, when Labour announced its five missions, stopping the boats did not even feature. Labour has literally nothing to say.

The right hon. Lady was sensible enough not to say it, but her Back Benchers betrayed the real views of the Labour party. They queued up, one after another, to dismiss the perfectly reasonable concerns of the British public as “racist” and “fascist.”

And from the SNP we heard what can only be described as performative compassion. In her 25 minutes, the hon. Member for Glasgow Central (Alison Thewliss) did not mention the fact that Scotland accounts for 8% of the UK’s population but hosts only 1% of all migrants in initial and contingency accommodation. In fact, there are more migrants housed in contingency accommodation in Kensington than there are in the entirety of Scotland. The SNP’s message is clear: “Refugees welcome, but not in SNP Scotland.”

Let me be clear that this country will always provide support to those in need, and nothing in this Bill will ever change that. As we have seen with the 500,000 people who entered this country in recent years on humanitarian visas—more than at any time in our modern history—this country believes in dealing with migrants with dignity, but it also believes that there is no dignity in the dinghies. There is no humanity in the people smugglers, and we have to break their business model. That is why we brought forward this Bill.

There is a simple choice before us. Is it for the British Government or for the people-smuggling gangs to decide who enters this country? On this side of the House, we believe that, without border controls, national security is ultimately compromised, that the fabric of communities begins to fray and that public services come under intolerable pressure. Although we should always be generous to those in need, we believe there are limits to the support we can provide. It is Members on this side of the House who are on the right side of the moral debate. It is clear that, for that reason, we will stop the boats, we will secure our borders and I commend this Bill to the House.

Question put, That the amendment be made.

Illegal Migration Bill

Robert Jenrick Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Stephen Kinnock]

That is one of the many myths that the Conservatives peddle—my right hon. Friend is absolutely right—and those myths need to be debunked. It is absolutely clear that the small boat crossings have to be stopped, but the key point is that the Bill will not achieve that objective. Our new clause 25 would actually put some flesh on the bones of something that might work, rather than chasing headlines and doing government by gimmick.

[The Minister for Immigration (Robert Jenrick)]

The hon. Gentleman must give up on his ridiculous argument that this Government have not taken safe and legal routes seriously. As my hon. Friend the Member for Isle of Wight (Bob Seely) said, almost half a million humanitarian visas have been issued since 2015. In Europe, we are second only to Sweden for resettlement; in the world, we are fourth only to Canada, the United States and another for UNHCR-sponsored humanitarian schemes. Some 45,000 people have come across on family reunion visas. We need no lectures on playing our part as a generous and compassionate country.

[Stephen Kinnock]

Of course, the Ukraine scheme, the British national overseas scheme and the Afghan scheme—when it used to work—are very welcome; there is no debate about that. But I do not know why the right hon. Gentleman keeps making that point. That is not the point of this debate; the point of this debate is how to address the challenge that we currently face. As hon. Members have pointed out, many people are fleeing war and persecution in the world, and this Government have utterly failed to offer them safe and legal routes. As a result, they come by unauthorised routes—that is a simple fact of life. The other point, of course, is that the Government have allowed the backlog to get completely out of control. The idea that they are making life better and easier for people fleeing war and persecution is for the birds.

I also want to mention areas in which Members on both sides of the House are broadly in agreement, not least because the list is quite short. The Opposition support the principle of Parliament’s having a say each year on the quota or cap for safe and legal routes, as envisaged by clause 51. Every country has a responsibility to do its bit, alongside other countries, to help those fleeing persecution and conflict. However, we also believe that the Government’s policy on safe routes cannot begin and end with caps alone.

The Bill presents us with a rare opportunity to have a serious debate about how best to live up to our international commitments to offer protection to those most in need, especially those fleeing persecution and war. The fact that so many detailed, well thought through proposals have been put forward by hon. Members in amendments and new clauses speaks to the depth of cross-party support for making safe routes work and providing genuine alternatives to dangerous crossings.

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[Stella Creasy]

I agree. Some of us are still dealing with people from Afghanistan—people who put their lives on the line to help British forces but have not been able to come here. They listen to the Minister talk about the idea that somehow we have taken 25,000 people under the schemes. We have not—their families are still stuck. If the Minister wants the casework, I have raised on the record before the case of a family who were split up on the way to the Baron hotel.

[Robert Jenrick]

rose—

[Stella Creasy]

If the Minister will take the casework, I will take the intervention. That family need to be here.

[Robert Jenrick]

The hon. Lady cannot trade in anecdote rather than facts. The facts of the matter are that the scheme has taken 25,000 individuals since just before the fall of Kabul. Those are the facts. As I always say to the hon. Lady, I am very happy to look into individual cases. But in this Chamber, we should deal in facts—not fiction.

[Stella Creasy]

The Minister knows that that is not how the scheme has worked; he knows that only 22 people have been resettled. He already has in his inbox the case I mentioned—it is long overdue his attention. Every single day, I think about that family. They were told that they should go to the Baron hotel. They could not get there because there was an explosion. They are now separated—the family are in hiding and the father is here, desperate and out of his mind about what to do. He was promised a safe and legal route by this Government, but of that promise there came no reality.

That is why I cannot support this Bill in its current form. First and foremost, it does nothing to the smugglers themselves. We all agree that the smugglers are the people we want to stop. Why is there not a single measure in the Bill that directly affects them? The idea that we can cut off their market does not recognise that we have seen these kinds of measures before. All that happens is the prices go up. People disappear; modern slavery increases.

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[Stella Creasy]

I look forward to having a debate with the right hon. Gentleman tomorrow about my amendment 293, which would remove the word “Illegal” from the title of the Bill. It is not illegal to seek asylum. What he is talking about is not what the Bill will do. I have tried to urge him before not to process people’s claims in the Chamber; this is about the evidence of what we see.

I have multiple anecdotes about people who have been failed by our asylum system, the processing and the promises they were given of a safe and legal route. That is why this evening I wish to speak to the amendments about safe and legal routes. If the Government think this legislation is about illegal migration, by default there must be a legal process—so those safe and legal routes deserve much more scrutiny and attention. The Government have failed to provide a children’s rights assessment and equality impact assessment. It is so worrying that they are asking us to trust them when they cannot set out how they think people who are entitled to seek asylum because they are fleeing persecution should do so.

When I look at this Bill, I see that it needs a drastic overhaul even to meet its own ambitions or the pledges in article 31 of the refugee convention that somebody destroying their documents should not be penalised by the suggestion that their claim must be malicious. We should look at the actual evidence as to why smugglers encourage them to do that. The right hon. Member for South Holland and The Deepings suggests that somehow the Bill will do what the Nationality and Borders Act 2022 failed to do and what this Government’s policies keep failing to do. Let us learn from Einstein—that most famous refugee, who this country turned away. He said that the definition of insanity was doing the same thing over and over again and expecting a different result.

My new clause 17 is a probing one, on that basis. If the Government talk about safe and legal routes, we should know what those are intended to do. It simply says that the Government should set out what a safe and legal route is and which countries are therefore unsafe and require a legal route. After all, the Bill sets out countries considered to be safe. Ergo, all the countries not listed must be unsafe. The Government should tell us in Parliament how people should be able to access those routes and therefore not make dangerous journeys.

I also support new clause 13, tabled by the hon. Member for East Worthing and Shoreham (Tim Loughton), and the proposals put forward by my hon. Friend the Member for Sheffield, Hallam (Olivia Blake) in new clause 10. We would all agree that all these new clauses need further work, but they all get towards a simple principle: to ask what is the role of a safe and legal route in this legislation. If the Bill is about illegal migration, what is the point of safe and legal routes? My amendment 138, which will be debated tomorrow, is about how that might then play a role in asylum processing itself.

There is a simple message in all this work. I agree with the hon. Member for Stone (Sir William Cash); that might surprise people, and I am sorry he is not in the Chamber to hear it. He said that the processing and assessing of claims matters. Absolutely, and that is why the failures we have seen for a number of years have not been to do with the refugees themselves but to do with the politicians and their failure to get to grips with this. That is why it matters that the Government are not using the correct figures from the statistics authority. They are not showing us the true scale of the problem, which legislation has consistently failed to deal with. That is why we need to do something different, such as clarifying what a safe and legal route is and how it fits into the refugee convention and our processing. In a war, there are not simple processes of admin and bureaucracy that we can push people towards, so it matters all the more that we respect and recognise that in how we treat people who still think that life is better than death and who still choose to run.

I say to some Conservative Members that one of the top countries from which the people in the boats come is Iran. I have sat in this Chamber and heard people call out the Iranian Government and speak of their concern about the persecution of people in Iran. Not half an hour later, those people talk about how awful anybody in the boats is, although Iranians are the third most common country represented in them. There is no safe route from Iran.

[Robert Jenrick]

There is.

[Stella Creasy]

The Minister says there is. I am in touch with people right now, brave defenders of democracy, who have no route out and are at risk.

[Robert Jenrick]

rose—

[Stella Creasy]

I happily give way. Tell me where I can put them.

[Robert Jenrick]

Since 2015, the UK has taken more than 6,000 Iranians directly for asylum purposes. What the hon. Lady says is simply not true.

[Stella Creasy]

The Minister needs to be clear about how those people have been identified. There are people tonight in Tehran at direct risk of harm and needing our help. The challenge with this legislation is that it refuses to set out a safe and legal route, saying that it will be done in secondary guidance. None of us can therefore be confident enough to say to those people, “Hold up—wait for the queue and the bureaucracy. There is somewhere for you to go. Don’t worry, because help is coming.”

The Government must connect with international organisations and uphold the international rule of law. The honest truth is that the only way the world will be able to stand up to dictators and persecutors and against war is by collaborating. We have seen that in such a powerful way in Ukraine, yet we do not seem to be capable of learning the lessons by setting out schemes and being able to say to people, “Actually, there is a way forward, and we will all share the burden of standing up for these values.” That is what a sensible asylum policy would do, because it would be effective. We would cut off the boats at source by having proper, safe and legal routes for people so that they would not need to get on a boat to claim in the first place. Irregular routes are inevitable because of why people are running in the first place.

I also want to speak briefly to amendments 131 and 132—I pay testament to the Member who spoke to me previously about them—which are about our role in the European Court of Human Rights. I am sorry that the hon. Member for Devizes (Danny Kruger) is not here, because I was hoping he might want a chance to clarify his earlier remark, in which he genuinely tried to suggest that Winston Churchill opposed us being part of the European Court of Human Rights. As somebody who served on the Council of Europe and repeatedly saw pictures of Winston Churchill—

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Let me turn now to the cap on the numbers. Members on the Conservative Benches have been quite excitable about the idea of a cap, but there is no capped number in the Bill. It is for the Secretary of State to decide on that at some other point. The Secretary of State could set that cap at zero if she so wished.

[Robert Jenrick]

It is for Parliament.

[Alison Thewliss]

As the Minister well knows, it is to be set in regulations, which this Parliament cannot amend, so it is not for Parliament but for the Secretary of State. He knows how statutory instruments work in this place, as do we, and he knows that this is not something that this House can amend. He is being a bit economical with the truth if he is suggesting that the House can amend it; it cannot. He knows that.

What we are looking to do in amendment 179 and in the amendments in the name of my hon. Friend the Member for Glasgow North (Patrick Grady) is to expand the list of those who should be consulted on this and to set a target, not a cap. It is not enough to set a cap. I ask Members to imagine that they are the 101st person with a cap set at 100. It could separate a family, separate siblings or separate a husband and wife who do not meet the threshold; they could just fall on the wrong side of the cap threshold. The Government need to do a whole lot more to make sure that we are actively doing our bit in the world, and setting a cap is nowhere near doing our bit in the world.

I do not wish to detain the House for much longer, because I will be speaking again tomorrow, but I wish to mention the issue around documents. It has been raised by several Members, including the right hon. Member for South Holland and The Deepings (Sir John Hayes), who is no longer in his place. When Afghanistan fell, I was contacted by constituents who were terrified for their family members still in the country. Some 80 families in my constituency had relatives in Afghanistan, but I am aware of only two of them who were able to be reunited with their families. Clearly, the Government did not do enough. These are people who have family in this country, who could be safe and who could be out of Afghanistan, and they are not.

People in Afghanistan had documents. If the Taliban had found those documents on them, they would have seen that they had worked for British forces and that would have been a death sentence, so people in Afghanistan burned those documents. That is why people turn up here with no documents—those documents would have been their death sentence had they been found in their possession. Members on the Conservative Benches who seem to think that not having documents is some kind of admission of guilt fail to understand the very real pressures that asylum seekers face when they make these dangerous journeys, and when they try to seek sanctuary here to regain the relationships with the people whom they know. They will run and run and keep running until they find safety. That is the reality, and that is what the Bill denies people.

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I think about those 27 people who tragically died crossing the channel in November 2021, as well as those who have lost their lives crossing the Mediterranean seeking refuge. Their deaths could have been avoided if safe passage and a humanitarian corridor had been in place. We have the opportunity this evening to do that—to introduce an amendment that provides safe passage for our fellow human beings and to reject the potentially fatal elements of this Bill.

[Robert Jenrick]

This has been an excellent debate covering the provisions of the Bill relating to legal proceedings, the cap on the number of refugees to be admitted through new safe and legal routes, and safe countries of origin.

Let me deal briefly with the substantive Government amendments in this group. First, new clause 11 enables the Senior President of Tribunals to request first-tier tribunal judges, including employment tribunal judges, to sit as judges of the upper tribunal. This amendment extends existing deployment powers, which are an important tool for the judiciary to manage the fluctuations in demand in our courts and make best use of their time.

We have also brought forward new clause 12, which enables appeals under the Bill to be heard by the Special Immigration Appeals Commission rather than the upper tribunal in appropriate cases. That is necessary to safeguard the sensitive material that would cause harm to the public or individuals if it were revealed in open court. The test for certifying suspensive claims will require that the Home Secretary certify that the decision being taken relies partly or wholly on information that in her opinion should not be made public. I hope that those Government amendments will receive the support of the Committee of the whole House.

[Stephen Kinnock]

I thank the Minister very much for giving way. He will recall that, at the beginning of the debate, I raised a point of order about the fact that he, on 19 December, said that when Labour left office in 2010, the asylum “backlog…was 450,000”—his words. I have received a letter from the UK Statistics Authority completely debunking that claim. It says that in fact the backlog was 19,000, and the backlog now is 166,000. As he is at the Dispatch Box, I thought it would be a perfect opportunity for him to apologise to the House and to correct the record, as per his duties under the ministerial code.

[Robert Jenrick]

I am grateful to the hon. Gentleman for looking out for me. It is understandable that there would be confusion on this point because, as I think the former Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May), said on Second Reading, the situation that we inherited in 2010 was a complete shambles. Indeed, a former Labour Home Secretary described the Department as “not fit for purpose”. What we were referring to was John Vine, who was the chief inspector of borders and immigration. He conducted a report into the shambolic handling of immigration by the last Labour Government, and he said:

“In 2007, the UK Border Agency created the”—

euphemistically titled—

“Case Resolution Directorate…to conclude approximately 400,000-450,000 unresolved legacy records.”

He said:

“Such was the inefficiency of this operation that at one point over 150 boxes of post, including correspondence from applicants, MPs and their legal representatives, lay unopened in a room in Liverpool.”

That room, I am told, was colloquially known as the “room of doom”. Well, we are fixing the system, and I am pleased to say—

[Stephen Kinnock]

rose—

[Robert Jenrick]

No, I am not going to give way again. The hon. Member has had his moment. I am pleased to say that, as a result of the work that the Home Secretary, the Prime Minister and I have already done, the legacy backlog is falling rapidly, and we intend to meet our commitment to clear it over the course of the year.

[Alison Thewliss]

Will the Minister give way?

[Robert Jenrick]

I will not give way to the hon. Lady.

I do not want to detain the Committee for too long, so let me turn to the key points that have been raised tonight. First, with respect to the powerful speeches from my hon. Friend the Member for Devizes (Danny Kruger), my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke), my hon. Friend the Member for Stone (Sir William Cash), my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) and others relating to the important question of injunctive relief, rule 39, and how we as a sovereign Parliament handle ourselves and ensure that we secure our borders, I thank my right hon. and hon. Friends for their contributions and I recognise the positive intention of the amendments they have tabled. I am keen to give them an undertaking that I will engage with them and other colleagues who are interested in these points ahead of Report.

We are united in our determination that the Bill will be robust, that it will be able to survive the kind of egregious and vexatious legal challenges we have seen in the past, and that it will enable us to do the job and remove illegal immigrants to safe third countries such as Rwanda. I would add that the Bill has been carefully drafted in collaboration with some of the finest legal minds, and we do believe that it enables us to do the job while complying with our international law obligations. However, we are going to engage closely with colleagues and ensure that the final Bill meets the requirements of all those on our side of the Chamber.

[Stuart C. McDonald]

rose—

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[Robert Jenrick]

I will not give way to the hon. Gentleman.

Let me speak briefly about the point raised by a number of colleagues about rule 39 and the events of last summer. The Government share the frustration, certainly of Conservative Members, about what happened with the Rwanda flight in June. A case was conducted late at night at the last minute, with no chance for us to make our case or appeal its decision. That was deeply flawed. The hon. and learned Member for Edinburgh South West (Joanna Cherry) was right when she said, in a thoughtful contribution, that that raises concerning issues. I think it raises issues of natural justice that my right hon. and learned Friend the Attorney General and others in Government are taking up with the European Court of Human Rights. We want to find a more satisfactory way for the Court to behave in such circumstances in future.

Let me turn briefly to the swathe of amendments tabled by the Scottish National party. At this rate, there will be more SNP amendments to the Bill than there are refugees whom they accommodate in Scotland. Instead of pruning the already excessive forest of legal challenges that we find, the hon. Member for Glasgow Central (Alison Thewliss) proposes a Kafkaesque array of new ones. She wants to turn the robust scheme in the Bill into a sieve, and we cannot allow that to happen. The mandate of the British public is clear: they want us to stop the boats. That is what the Bill does, and that is what we intend to achieve.

I thank my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) for his contribution. We have listened carefully to his arguments. As the Prime Minister said, it is precisely because we want to help genuine refugees that we need to take full control of our borders. Safe and legal routes, such as those we have brought forward in recent years, which have enabled almost half a million people to come to our country for humanitarian purposes since 2015, are exactly how we will achieve that. I commit to engage with my hon. Friend and other colleagues ahead of Report on setting up safe and legal routes, if necessary by bringing forward further amendments to ensure that there are new routes in addition to the existing schemes, and accelerating the point at which they become operational, with our intention being to open them next year. I also confirm that we will accelerate the process of launching the local authority consultation on safe and legal routes at the same time as the commencement of the Bill. I hope that satisfies my hon. Friend.

As a former Secretary of State for local government, one provision in the Bill—it was mentioned by a number of colleagues on the Conservative Benches but curiously not by those on the Opposition Benches—is extremely important to me. Government Members will not make promises in this place at the expense of local authorities and our constituents. For the first time, not only will we bring forward more safe and legal routes, but we will first consult with local communities and local authorities, so that those routes are not virtue signalling, but are wedded to the genuine capacity and ability of our communities to house people, to find GP surgery appointments and school places, and to bring those individuals into the country while ensuring that community tensions are not raised unnecessarily. That is a critical distinction.

[Stephen Kinnock]

rose—

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[Robert Jenrick]

I will not give way to the hon. Gentleman—[Interruption.] Well, I will give way, because at one point in his remarks he said that he was for the cap, and then he said he was against it. Perhaps he can explain.

[Stephen Kinnock]

The right hon. Gentleman is making good points about local authority consultation. Will he therefore support new clause 27 tomorrow, which would make it a legal requirement for the Home Office to consult local authorities before deciding on hotels?

[Robert Jenrick]

The hon. Gentleman should read the Bill. We have been debating it for the past five and a half hours, but he does not seem to have read it. The Bill says, for the very first time, that before we create a safe and legal route we will consult with local authorities. We should all see that as a good step forward. The public are sick of hotels being filled with illegal immigrants and they do not want the wellbeing of illegal immigrants put above that of the British public. That is a crucial change we are making.

Illegal Migration Bill

Robert Jenrick Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Alison Thewliss]

The hon. Lady—I am a member of that all-party parliamentary group—is absolutely correct to make that point. We have a responsibility here, but the way in which the Bill is drafted takes no account of people’s health circumstances. It could put people at severe risk if they are sent back or denied treatment.

[The Minister for Immigration (Robert Jenrick)]

indicated dissent.

[Alison Thewliss]

The Minister shakes his head, but the Home Office has form in denying people who receive medication to manage their condition the treatment they are entitled to in detention, which is where it wishes to place people. The National AIDS Trust highlighted for me a case of a person detained at Harmondsworth immigration removal centre who was denied access to the care that would meet clinical guidelines. He could not get his medication and then it was not given at the appropriate times—with food, as prescribed—because the staff had no experience of that and were not able to support him adequately. If the Government are going to deny people entry and detain them, what is the guidance? What guarantees can the Minister give that those with HIV/AIDS will be able to access the treatment that is keeping them alive?

Amendment 194 exempts people who have family members in the United Kingdom. There are many cases I could attribute to this amendment, but I will call it Ibrahim’s amendment. He is here in the UK, but his wife, son and daughter are in Iran. They have been patiently waiting for over six months for a family reunion visa to be processed. In the meantime, his family are in danger. His daughter was followed home from school and raped by the Islamic Revolutionary Guard Corps. This is why people do not wait in-country for the Government to process their visas. They do not wait because they are at risk of persecution, rape, danger and torture. That is why people flee. People come here to join family because they are in danger. They are not prepared to wait for safe and legal routes, because in many cases they do not exist. Family reunion, in many cases that I see, is just too slow and not available to everybody who needs it.

Amendment 195 exempts people for whom there are reasonable grounds to suspect that they are victims of trafficking or slavery. I will call this Eva’s amendment. Eva is a 28-year-old woman from south-eastern Europe who was referred to the TARA—Trafficking Awareness Raising Alliance—service in Glasgow by Police Scotland over the 2016 festive period. Through a relationship she believed was real, she ended up being assaulted, drugged, trapped in sex work and trafficked. She was later placed on a lorry and moved for three days. Eventually, she came to be in Scotland, where she was kept in a flat, isolated from the other women who were also being held. She was raped multiple times by men every day. She was able to escape and find her way to the police. Under the Bill, she would now get no support. Her trafficker will now threaten her: if she goes to the authorities, they will send her to Rwanda. They will keep her under control with the measures the Government are bringing forward in the Bill. In addition, she will not get the expert support that TARA provides in Glasgow. She will be at risk of re-trafficking and further exploitation. This is the reality of the Bill for Eva and many like her: a trafficker’s charter.

Amendment 196 exempts people who meet the definition of an “adult at risk” in paragraph 7 of the 2016 Home Office guidance on adults at risk in immigration detention, including in particular people suffering from a condition or who have experienced a traumatic event, such as trafficking, torture or sexual violence, that would be likely to render them particularly vulnerable to harm. Let us call this Mohammed’s amendment, after the experience of young people described by Freedom from Torture in its report “Fleeing A Burning House”, which I commend to all Members on the Conservative Benches. Mohammed arrived in the UK via Libya. The report states:

“In Libya, the treatment is so cruel. We have quite a few young people who were really traumatised...Smugglers were basically killing people on the journeys...I think that one of the most traumatic experiences is being raped or seeing the brutality of people.”

The UK Government in this Bill are seeking not to assess the trauma that people arrive with, but to remove them without asking any questions. Putting people into immigration detention re-traumatises people. I visited Napier barracks. There is no privacy and no dignity. Diseases such as covid and scabies run rife. This model dehumanises. I have heard some people say that if it was good enough for troops it is good enough for refugees, but the reality is that these facilities have been abandoned by the Ministry of Defence for good reason: they were inadequate. For many fleeing trauma, it is that militaristic experience they are running from. It is entirely inappropriate for vulnerable people. We know from the Brook House inquiry that the Home Office has a sketchy history of supporting those who meet the definition of adults at risk. It should be reducing immigration detention, not expanding it.

Our list of exemptions is not exhaustive. We accept Labour’s amendment 2, which mentions gender. It is not possible to detail every single possible category of person who should be exempt from the duty to remove, because every person who comes has their own story and their own circumstances. A Bill that treats all of them as a problem to be removed is not fit for purpose. The duty to remove is far too broad and currently has only minimal narrow exemptions. By including people such as victims of trafficking in the duty to remove, the Home Secretary is creating circumstances where traffickers have even more power over the people they are trafficking.

Amendment 197 removes the backdated element of the legislation. Many people who had already started their journeys will not have been aware of the legislation when they began. The legislation will impact people who have already accessed support arrangements here in the UK and who are, to all intents and purposes, in the asylum system. They could not have known the detail of the Bill, which had not been published when they made their journey, and it is particularly egregious that they should be punished for that.

Clause 3, on unaccompanied children regulations, gives power to the Home Secretary to remove unaccompanied children. There is no duty to do so, but it remains at her discretion. On Second Reading, the Home Secretary said that the duty to remove will not apply to unaccompanied asylum-seeking children and that “only in limited circumstances” would the power to remove unaccompanied children be used, such as for family reunion. However, there is no detail in the Bill itself of when such a power would be used. Given all I know about the Home Office, I certainly would not trust them as far as I could throw them.

The Children’s Commissioner for England team told me that they recently met a boy who believes that his family were killed in Iran. He was brought to the UK by people smugglers. They stated:

“He had no idea which country he was coming to and no choice in the matter. The Bill sets out that children like this boy who arrive in this country irregularly, whether alone or with their families, will essentially be denied the right to claim asylum in the UK. These are children who are fleeing persecution and then further exploited and abused by people smugglers. Any child arriving in the UK after these experiences must first and foremost be viewed as vulnerable, and in need of love and care. Many of these children will have been trafficked here against their will and must not be held accountable for the crimes of their adult exploiters.”

Clause 4 makes applications under clause 2 inadmissible, so the UK Government will not consider the application at all, no matter how strong an application may be. Separated children will also have any claims deemed inadmissible.

Clause 5 details the Home Secretary’s duty to remove people, which we would amend by including safeguarding clauses so that people cannot be removed to dangerous countries. Research for the Refugee Council has shown that around half the people who made the journey last year came from just five countries with high asylum grant rates. Those people cannot be sent back home. It is not possible to send an Afghan back to Afghanistan or a Syrian back to Syria—they are not included on the safe countries list.

--- Later in debate ---

[Mr Carmichael]

And the evidence. The lack of evidence and impact assessments runs like a silver thread through the Bill. Have the impact assessments been done? Will they ever be done? If they have been done, will they be published? The hon. Member for Aberavon (Stephen Kinnock) made much of that in his speech, and he was absolutely right to do so. I was tempted to intervene on him to say, “Hold on a second here, man. You shouldn’t be going so fast; you should allow the Minister to get to his feet and tell us the position.” But the Minister did not do so then, and I suspect that he will not do so now, either. There have been times when I have seen Ministers on the Treasury Bench look more uncomfortable than the Minister for Immigration did when listening to the speeches of his right hon. Friends, but I am struggling to think of when that might have been.

The points that I will focus on relate to the question of detention and, in particular, the detention of children. The detention of children is something that I thought we had seen the back of. Although that initiative was driven by my former colleague, Sarah Teather, when she was the Minister with responsibility for young people, I again pay tribute to the right hon. Member for Maidenhead, who did so much to support it in the Home Office. It was an absolute stain on our country that we kept children locked up in immigration removal centres such as Dungavel in Scotland.

I remember visiting Dungavel—it must have been in 2007 or 2008. I also remember, I have to say, successive Home Office and Immigration Ministers in the then Labour Government standing up at the Dispatch Box and saying that I was a bleeding-heart liberal, and that this was just something that we had to live with and nothing could be done. Of course, as we know, there were things that could be done, and they ultimately were done—we did them five years later.

I think it tells us quite a lot about the journey that the Conservative party has been on since those years in 2011 and 2012 that the Government feel it necessary to reintroduce detention for children. We have had 10 years without it now, and what have the bad consequences of that been? I do not see any. Nobody is saying that it has caused a massive increase or spike in any particular problems, but now, for the sake of sheer political positioning, we are going to return to a situation in which children will be placed behind razor wire in places such as Dungavel.

[Robert Jenrick]

indicated dissent.

[Mr Carmichael]

The Minister is sitting there shaking his head. If he wants to intervene and tell me I am wrong about this, I am more than happy to take his intervention.

[Robert Jenrick]

I would be happy to do so, or to answer more fully later when I make my remarks. It is undoubtedly true that we face a serious situation today where the number of unaccompanied minors coming into the country over the channel has increased fourfold since 2019. That places a great strain on our system, and we need ways to ensure that where those people are age-assessed and may ultimately be decided not to be minors, they are held in appropriate detained accommodation. That is one of the issues we are seeking to tackle with this part of the Bill.

[Mr Carmichael]

I hope that the Minister gets a hold of Hansard tomorrow, reads what he has just said and, as my mother used to say to me, takes a long, hard look at himself, because the idea that that is a justification for locking up children is absolutely disgraceful. For him to try to draw and to invent a causal link where none exists is a consistent line of the way this Government act. It is the same way that they tried to draw a causal link between the Modern Slavery Act and those coming in small boats—it just does not exist.

--- Later in debate ---

[Stella Creasy]

When the Immigration Minister was dismissing concerns about locking children up, suggesting that they probably were not children because of concerns about age verification, the right hon. Member for Orkney and Shetland (Mr Carmichael)—I am sorry that he is no longer in his place—used a gentle phrase that his mother might say: “Have a long look in the mirror.” Well, I suggest that the hon. Member for Stoke-on-Trent North gives his head a wobble for what he has just said about children who have gone missing; 16 and 17-year-olds are children—[Interruption.] He is chuntering from a sedentary position. If those children turn up, I hope to goodness that they all turn up safe and well, because if they do not, what the hon. Member has just said will come back to haunt him—[Interruption.] He can keep shouting all he likes, but the vast majority of the British public are horrified by the idea that 200-plus children have gone missing from hotels that the Home Office was supposed to be overseeing.

There is due to be a public inquiry into the Manston centre. The Government have accepted that because of possible article 3 breaches—basically, concerns about how we were treating pregnant women and young children going into Manston—but that investigation has not yet happened and cannot yet inform this legislation. Clause 11 extends detention for families and pregnant women, and clause 14 removes the duty to consult the independent family returns panel about the treatment of children. Children are under the age of 18; we accept that in law.

We have provisions in law—on, for example, the use of bed and breakfasts—that have not been mirrored to date in our treatment of children who have come in through this system. I can hear why in the callous disregard of the hon. Member for Stoke-on-Trent North, but I go back to this simple principle: whatever we think of the parents of these children, we should not be punishing children by agreeing in law that they have second-class citizenship. That is what this legislation will do to refugee children.

[Robert Jenrick]

indicated dissent.

--- Later in debate ---

[The Second Deputy Chairman of Ways and Means (Sir Roger Gale)]

The shadow Leader of the House has been in the House long enough to know that it is the responsibility of the Government, not the Chair, to publish or not publish Government papers. However, she asked me a question and has placed her point on the record. I am about to call the Minister of State to reply, and he has heard what the hon. Lady has said.

[Robert Jenrick]

It has been a wide-ranging and interesting debate. I am grateful to all right hon. and hon. Members for their contributions. I will not detain the Committee by dwelling on the Government amendments as they are all, essentially, technical in nature. I will instead set out to respond to as many of the amendments and new clauses that have been debated as possible. I take issue with those who said that the Government provided insufficient time to debate. I note that both today and yesterday, the debates have concluded almost an hour before the allocated time.

--- Later in debate ---

[Mrs May]

I wonder if my right hon. Friend would clarify one point. He just said that the Government will act to deal with all people who have come here illegally. That is not what the Bill does. It has caveats—it deals only with those who have come here illegally through a third safe country. Could he just clarify that?

[Robert Jenrick]

My right hon. Friend is correct that the Bill does not seek to change the arrangements for those who come here directly and claim asylum from a place of danger. That is an important point and a principle of our long-standing asylum obligations. Let us be honest: the reason we are here today is because of those who pass through safe countries such as France. Last year, 45,000 people crossed the channel in small boats from a place of safety with a fully functioning asylum system. This scheme applies to those individuals, with certain carefully thought through mechanisms to protect those who would be placed in serious or irreversible harm should they be taken to a safe third country. It is essential that we pass this scheme as it is, rather than as the leaky sieve that the hon. Member for Glasgow Central wishes so that she can undermine the intent of this policy.

[Alison Thewliss]

The Minister says that people should come here directly. Will he tell me how many direct flights there are to Heathrow from Yemen, Afghanistan or Syria?

[Robert Jenrick]

People do come here directly from places of danger. The hon. Lady is incorrect. We have long-standing arrangements for those people who transit through other countries to come here, so her point is wrong.

The wider issue, which she and I have debated on many occasions, is that we have heard continuously from her and her SNP colleagues a kind of humanitarian nimbyism. They come to this Chamber to say how concerned they are for those in danger around the world, yet they take disproportionately fewer of those very people into their care in Scotland.

Let me turn to the serious questions that have been raised about children. We approach these issues with the seriousness that they deserve and from the point of view that the UK should be caring and compassionate to any minor who steps foot on these shores. These are not easy choices, but the challenge we face today is that large numbers of minors are coming to the United Kingdom at the behest of human traffickers or people smugglers, and we have to deter that. We must break the cycle of that business model.

Since 2019, the number of unaccompanied minors coming to the UK has quadrupled, meaning that thousands of unaccompanied minors have been placed in grave danger in dinghies and then brought to the UK, in some cases to enter the black economy and in others for even more pernicious reasons. I have met those children. I have seen them at Western Jet Foil, and I can tell the House that there is no dignity in that situation. As a parent, seeing children in dinghies risking their lives is one of the most appalling things one could see. I want to stop that. The measures we are bringing forward today intend to stop that.

We are going to do this in the most sensitive manner we can, and the powers that we are bringing forward under the Bill do just that. The duty to make arrangements for removal does not apply to unaccompanied children until they become adults. There is a power, not a duty, to remove unaccompanied children. As a matter of policy, the power to remove will be exercised only in very limited circumstances, such as for the purposes of family reunion, or if they are nationals of a safe country identified in clause 50 and can be safely returned to their home country. It is important to stress at this point that that power is already in law and is used on occasion when an unaccompanied child arrives and we are able to establish arrangements for their safe return. The Illegal Migration Bill simply expands the number of countries deemed safe for that removal.

[Stella Creasy]

The Government have accepted that they will be subject to an article 3 investigation to see whether there have been breaches of the Human Rights Act at Manston—basically the treatment of people in inhumane and degrading ways. The Government are resisting that being an independent inquiry. Why not wait until that inquiry happens? Why not learn the lessons of how they got into the mess at Manston before moving forward with this legislation, so that we do not risk again seeing pregnant women and unaccompanied children in the dinghies and in the devastation that the Minister just set out? Why press ahead without learning the lessons of his previous failures?

[Robert Jenrick]

Nobody could dispute the seriousness with which I took the situation at Manston in the autumn, or dispute that the situation we are in today is incomparably different. Manston is a well-run facility, led by a superb former Army officer, Major General Capps, and we are ensuring that the site is both decent and legal. Responsibility for the failures at Manston in the autumn of last year does not rest with the Government. It does not rest with the people who work at Manston. It rests with the people smugglers and the human traffickers. It was a direct result of tens of thousands of people coming into our country illegally in a short period of time.

I can tell the hon. Lady that the same thing will happen again if we do not break the cycle and stop the boats. More people will come later this year. She knows that the numbers are estimated to rise this year unless we take robust action. That is what this Bill sets out to achieve. If we take this action, fewer people will put themselves in danger and fewer children will be in this situation. That is what I want to see, and I think that is what the British public want to see as well.

[Edward Timpson]

On unaccompanied children, may I ask the Minister to address the point I raised about the power in clause 16 for the Secretary of State to remove a child from local authority care, when the Secretary of State does not have powers under the Children Act and the responsibilities that follow? Will he set out the reasons behind that—if not in full now, certainly before Report?

[Robert Jenrick]

I thank my hon. and learned Friend for that comment. As an important aside that relates to other issues he has raised, nothing in the Bill disapplies the Children Act, which will continue to apply in all respects with regard to the children we deal with in this situation. In answer to his particular point, we are taking this power so that in the very small number of judicious cases in which we set out to remove a child, we can take them from the care of the local authority into the responsibility of the Home Office for the short period before they are removed from the country. I have given two examples of situations in which we would use that power, and I will happily give them again. I know that my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) is concerned about this point.

The first situation is where we are seeking to return a young person to their relatives in another country. I think it is incredibly important that we keep the ability to do so, because that does happen occasionally. It is obviously the right thing to do to return somebody to their mother, their father, their uncle or the support network that they have in another country.

The other situation is where we are removing somebody who has arrived as an unaccompanied minor to another safe country, where we are confident that they will be met on arrival by social services and provided with all the support that one would expect. That happens all the time here with unaccompanied minors; I think the right hon. Member for Hayes and Harlington (John McDonnell) mentioned, drawing on his experience as a local Member of Parliament around Heathrow, that it happens regularly. It is important that we continue to have that option, because we should not be bringing people into local authority care for long periods in the UK when we can safely return them home, either to their relatives or to their home country, where they can be safeguarded appropriately.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Will the Minister respond to the point raised by my hon. Friend the Member for Bristol West (Thangam Debbonaire)? Where is the impact assessment for the Bill?

[Robert Jenrick]

The impact assessment will be published in due course.

Let me continue with the points I was making. I return to a question that has been raised on several occasions about our policy on the detention of minors. Let me say, speaking as a parent, that of course we take this incredibly seriously. We do not want to detain children. We have to apply the highest moral standards when we take this decision.

The circumstance in which we would use that power is where there is an age assessment dispute about an unaccompanied minor. It is easy to dismiss that, but it happens all the time. My hon. Friend the Member for Mansfield (Ben Bradley) was correct to raise his experience as a local authority leader. There are a very large number of such disputes: between 2016 and December of last year, there were 7,900 asylum cases in which age was disputed and subsequently resolved. In almost half of those cases —49%—the people in question were found to be adults.

Where there is a live age assessment dispute, it would be wrong for the Government to place those people in the same accommodation as minors who are clearly children, creating safeguarding risks for them. I am not willing to do that. I want to ensure that those children are properly protected. When I visited our facilities at Western Jet Foil recently, I asked a member of staff who was the oldest person they had encountered who had posed as a minor. They said that that person was 41 years of age! Does anyone in this House seriously want to see a 41-year-old man placed with their children? I do not want to see it, and that is the circumstance in which we are going to take and use these very judicious powers.

My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) raised a number of important points in respect of his amendment on mandatory scientific age assessments. I can say to him that not only are those valid points, but the Government are considering carefully how we should proceed in this regard. The UK is one of the very few European countries that do not currently employ scientific methods of age assessment. In January, the Age Estimation Science Advisory Committee published a report on the issue. The Home Secretary and I are giving careful consideration to its recommendations, and I hope to be in a position to say more on Report.

--- Later in debate ---

[Alison Thewliss]

Will the Minister give way?

[Robert Jenrick]

I will give way one last time, but I want to bring my remarks to a close as soon as possible.

[Alison Thewliss]

I have constituents who have been waiting for 20 months in a hotel for the Home Office to conduct a substantive interview. Others have been waiting for 16 months, 18 months, two years or 40 months. If the Home Office processed those people, they would have no need to be in hotels.

[Robert Jenrick]

We are doing that. That is the plan that the Prime Minister set out in December, on which we are already making good progress.

Let me say two further things to the hon. Lady. First, the only way to reduce the number of people in the system is to stop the boats. No system, even the most efficient system in the world, could cope with 45,000 people breaking into our country against our laws and then seeking asylum. Secondly, the hon. Lady knows that the way to get people out of hotels is for all parts of the United Kingdom to step up and provide the accommodation that is required, but she and her SNP colleagues consistently decline to do that.

My right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) made a thoughtful and important point in his amendment 283, relating to the citizenship provisions in the Bill. I note his concerns, and we will reflect on them and come back to him. I look forward to engaging with him, but let me make this point. There is a route towards entering the United Kingdom, even for someone who, at some earlier stage, had entered illegally and been caught by the provisions of the Bill. We specifically included that to ensure that we continue to meet our international law obligations.

My right hon. and learned Friend was right to say that there is a different route and standard with respect to achieving citizenship. The reason that we did that was our belief that British citizenship is a special privilege which is not something that should be given lightly, but that if someone breaks into our country and breaches our laws, there should be a higher standard to be applied before that person gains citizenship of our country.

[Joanna Cherry]

rose—

[Robert Jenrick]

I am not going to give way again. [Interruption.] I am not going to give way to the hon. and learned Lady. Let me turn to—[Interruption.] Let me turn—

[The Second Deputy Chairman of Ways and Means (Sir Roger Gale)]

Order. Twenty-seven Members have taken part in the debate this afternoon, and there are rather more Members present who are speaking but who did not take part in the debate. The 27 who were here, taking part in the debate, have a right to hear what the Minister has to say, and it would be good if they could do it without interruption. That means without interruption from either side of the House.

[Robert Jenrick]

Thank you, Sir Roger. The hon. and learned Member for Edinburgh South West (Joanna Cherry) does not like the Bill. She is going to vote against the Bill and she does not want to stop the boats. She has tabled a whole raft of amendments with her colleagues, and we all know what the purpose of those amendments really is.

[Joanna Cherry]

On a point of order, Sir Roger. Is it in order for the Minister to so misrepresent my position? I tabled my amendments as the Chair of the Joint Committee on Human Rights, not on behalf of the Scottish National party, and the point I wish to make is that he has not answered a single point raised by anyone who spoke from the Opposition Benches. It is a farce—a farce!

[The Second Deputy Chairman of Ways and Means (Sir Roger Gale)]

Order. That is an observation, not a point of order. The hon. and learned Lady is fully aware that Members are responsible for their own remarks on the record. They have to take responsibility for that.

[Robert Jenrick]

Sir Roger, it is an observation but it is also incorrect, because I have already spoken about the many questions around children that have been raised.

Before I wind up my remarks, I want to address the issues regarding modern slavery that have been raised by my right hon. Friends the Members for Maidenhead (Mrs May) and for Chingford and Woodford Green (Sir Iain Duncan Smith). All of us in Government look forward to engaging with them and learning from their unrivalled expertise and experience in this field as we ensure that the Bill meets the standards that we want it to meet. A number of hon. and right hon. Members said there was no evidential basis for taking action with regard to modern slavery. I do not think that that is fair. Let me just raise a few points of clarification. When the Modern Slavery Act was passed in 2015, the impact assessment envisaged 3,500 referrals a year, but last year there were 17,000 referrals. The most referred nationality in 2022 was citizens of Albania, a safe and developed European country, a NATO ally and, above all, a signatory to the European convention against trafficking.

[Jess Phillips]

Will the Minister give way?

[Robert Jenrick]

I am not going to give way on this occasion.

In 2021, 73% of people who arrived on small boats and were detained for removal put forward a modern slavery claim.

[Mrs May]

Will my right hon. Friend give way?

[Robert Jenrick]

I would be pleased to give way to my right hon. Friend.

[Mrs May]

I am grateful to my right hon. Friend for giving way and for repeating the figures that have been set out previously. The fact that the number of referrals to the national referral mechanism has increased does not mean that there is abuse of the system. It means, actually, that we may just be recognising more people who are in slavery in our country. That 73% was 294 people, and of those who have had their cases looked at by the NRM, nearly 90% are found to be correct cases of slavery.

[Robert Jenrick]

With great respect to my right hon. Friend, I do not think it is correct to denigrate the concern that 73% of those people who arrived on small boats and were detained for removal put forward a modern slavery claim. I think that figure suggests that, were we to implement the scheme in the Bill—and it is absolutely essential that we do—a very large number would claim modern slavery. That would make it almost impossible for us to proceed with the scheme. The evidence, I am afraid—

[Jess Phillips]

Will the Minister give way?

[Robert Jenrick]

I am not going to give way. I am going to bring my remarks to a close, because I think I have spoken long enough.

[Sir Iain Duncan Smith]

rose—

[Robert Jenrick]

But I will give way to my right hon. Friend.

[Sir Iain Duncan Smith]

Can I gently suggest to my right hon. Friend that the whole purpose of raising this issue was not to bandy the figures? There is a real disregard for some of the real figures here. He is quite right to say that the Government are concerned that there will be an exponential rise, as an alternative to coming across illegally. We should bear in mind that these people are trafficked; that is the key difference. All we are asking the Government to do is to look carefully at this and not take the power until they can see and show the evidence. After all, we have yet to see the impact of the Nationality and Borders Act 2022. All I am asking of him, gently, is please just to accept that the Government will think about that before the Bill comes back on Report.

--- Later in debate ---

[Robert Jenrick]

As I have previously said to my right hon. Friend, I look forward to listening and engaging with him and like-minded colleagues. However, we come to this issue with a serious concern that there is mounting evidence of abuse of the system, and we want to ensure that the scheme we bring forward works and does the job.

[Jess Phillips]

Will the Minister give way?

[Robert Jenrick]

I will not give way, because I am about to bring my remarks to a close.

[Jess Phillips]

He’s scared of me!

[Robert Jenrick]

I will happily give way, then. I am certainly not scared of the hon. Lady.

[Jess Phillips]

The Immigration Minister says there is mounting evidence. Which agency does it come from? Is it Border Force? Is it the National Crime Agency? Is it local authorities? Which of the agencies that make modern slavery referrals is responsible for the most fraudulent referrals? Is it one that the Home Office manages, or is it somebody else?

[Robert Jenrick]

I gave way to the hon. Lady against my better judgment, and what she says is not the point. The point is that three quarters of people on the verge of being removed from this country claim modern slavery. I am afraid that is wrong, and we need to bring it to a close.

With that, I fear I have run out of time. I look forward to engaging with colleagues, particularly those I have referenced this evening. I encourage colleagues on both sides of the House to continue supporting this incredibly important piece of legislation.

[Alison Thewliss]

If you will allow, Sir Roger, I understand that Members can speak twice in Committee of the whole House.

What we have heard from the Minister is utterly disgraceful. He has not presented any evidence to back up his claims or to back up this legislation. We have no evidence. There is no evidence. He has not presented any evidence. He has not presented even so much as an impact assessment of this legislation, yet he and his Conservative colleagues are about to vote against all our worthy amendments without a shred of evidence to support them. [Interruption.] He did not give the evidence. With the greatest of respect to the Minister, the hon. Member for Birmingham, Yardley (Jess Phillips) asked for evidence and he was unable, or unwilling, to present that evidence to the Committee. Which is it—unable or unwilling?

The Committee will vote to demonise, to stigmatise and to remove victims of modern slavery and trafficking from this country, on the basis of no evidence whatsoever.

--- Later in debate ---

[The Second Deputy Chairman of Ways and Means (Sir Roger Gale)]

Does the Minister wish to respond?

[Robert Jenrick]

indicated dissent.

[The Second Deputy Chairman]

Does the hon. Lady wish to press the amendment to a Division?

Illegal Migration Bill

Robert Jenrick Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government new clause 19—Credibility of claimant: concealment of information etc.

Government new clause 20—Legal aid.

Government new clause 23—Electronic devices etc.

Government new clause 24—Decisions relating to a person’s age.

Government new clause 25—Age assessments: power to make provision about refusal to consent to scientific methods.

Government new clause 26—Interim measures of the European Court of Human Rights.

Government new clause 22—Interim remedies.

Government new clause 8—Report on safe and legal routes.

New clause 1—Detainees: permission to work after six months—

“(1) Within six months of the date of Royal Assent to this Act the Secretary of State must make regulations providing that persons detained under this Act may apply to the Secretary of State for permission to take up employment, including self-employment and voluntary work.

(2) Permission to take up employment under regulations made under subsection (1)—

(a) must be granted if the applicant has been detained for a period of six months or more, and

(b) shall be on terms no less favourable than those upon which permission is granted to a person recognised as a refugee to take up employment.”

This new clause would require the Secretary of State to make regulations within 6 months of the passing of the Act allowing those detained under measures in the Act to request permission to work after 6 months.

New clause 2—Arrangements for removal: pregnancy—

“The duty in section 2(1) and the power in section 3(2) do not apply in relation to a person who the Secretary of State is satisfied is pregnant.”

This new clause would exempt pregnant women and girls from the provisions about removals.

New clause 3—Effect of this Act on pregnant migrants: independent review—

“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on pregnant migrants.

(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”

New clause 4—Independent child trafficking guardian—

“(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable an independent child trafficking guardian to be appointed to assist, support and represent a child to whom subsection (2) applies.

(2) This subsection applies to a child if a relevant authority determines that—

(a) there are reasonable grounds to believe that the child—

(i) is, or may be, a victim of the offence of human trafficking, or

(ii) is vulnerable to becoming a victim of that offence, and

(b) no person in the United Kingdom is a person with parental rights or responsibilities in relation to the child.”

Based on a Home Affairs Select Committee recommendation (1st Report: Channel crossings, migration and asylum, HC 199, 18 July 2022), this amendment would establish an Independent Child Trafficking Guardian to support every asylum seeker under the age of 18 in their interactions with immigration and asylum processes.

New clause 5—Immigration rules since December 2020: human rights of migrants—

“(1) Regulations bringing any provisions of this Act into force may not be made before publication of a report under subsection (2).

(2) The Secretary of State must commission and lay before Parliament an independent report on the effects of the immigration rules on the human rights of migrants since December 2020.

(3) The report under subsection (2) must include, but is not limited to, an analysis of the following areas—

(a) safe and legal routes,

(b) relocation of asylum seekers,

(c) detention,

(d) electronic tagging,

(e) legal aid, accommodation, and subsistence,

(f) the right to work, and

(g) modern slavery.”

New clause 6—Effect of this Act on victims of modern slavery: independent review—

“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on victims of modern slavery.

(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”

New clause 7—Effect of this Act on the health of migrants: independent review—

“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on the physical and mental health of migrants.

(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”

New clause 9—Accommodation: duty to consult—

“(1) Section 97 of the Immigration and Asylum Act 1999 (supplemental) is amended as follows.

(2) After subsection (3A) insert—

‘(3B) When making arrangements for the provision of accommodation under section 95 or section 4 of this Act, the Secretary of State must consult with representatives of the local authority or local authorities, for the area in which the accommodation is located.

(3C) The duty to consult in subsection (3B) applies to accommodation including hotel accommodation, military sites, and sea vessels.

(3D) The duty to consult in subsection (3B) also applies to any third party provider operating within the terms of a contract with the Secretary of State.’”

This new clause would add to the current law on provision of accommodation to asylum seekers a requirement to consult with the relevant local authorities when making the necessary arrangements.

New clause 10—Expedited asylum processing—

“(1) Within 60 days of this Act coming into force, the Secretary of State must issue regulations establishing an expedited asylum process for applicants from specified countries who have arrived in the UK without permission.

(2) Within this section, “specified countries” are defined as those countries or territories to which a person may be removed under the Schedule to this Act.”

This new clause requires the Secretary of State to establish a process to fast-track asylum claims from specified countries.

New clause 11—Accommodation: value for money—

“(1) Within 90 days of this Act coming into force, the Secretary of State must lay before Parliament—

(a) all procurement and contractual documents connected with the provision of asylum accommodation and support provided by third-party suppliers under sections 4 and 95 of the Immigration and Asylum Act 1999;

(b) an updated value for money assessment for all asylum accommodation and support contracts currently in force.

(2) Any redactions to the documents provided under subsection (1) should only relate to material that is commercially sensitive.”

This new clause seeks to require the publication of key documents relating to asylum accommodation and support contracts held by private companies.

New clause 12—Border security checks—

“(1) The Secretary of State must appoint a named individual to conduct an investigation into the effectiveness of security checks undertaken at the UK border for the purposes of enforcing the provisions of this Act.

(2) This individual may be—

(a) the Independent Chief Inspector of Borders and Immigration, or

(b) another individual nominated by the Secretary of State.

(3) The first investigation conducted under this section must be completed one year after the date on which this Act is passed, with subsequent investigations completed every year thereafter.

(4) Findings of investigations conducted under this section must be published within three months of completion of the investigation.”

This new clause seeks to require an annual investigation into the effectiveness of security checks undertaken at the UK border for the purposes of enforcing the provisions of this Act.

New clause 13—Asylum backlog: reporting requirements—

“(1) The Secretary of State must, within three months of the date on which this Bill was published, and at intervals of once every three months thereafter, publish and lay before Parliament a report on the steps taken and progress made toward clearing the backlog of outstanding asylum claims, within the preceding three-month period.

(2) For the purposes of subsection (1) above, “the backlog of outstanding asylum claims” means the total number of asylum applications on which an initial decision had not yet been made as of 13 December 2022.

(3) In preparing the reports required by subsection (1) above, ‘progress toward clearing the backlog of outstanding asylum claims’ may be measured with reference to—

(a) the number and proportion of applications on which an initial decision is made within six months of the submission of the application;

(b) changes to guidance for asylum caseworkers on fast-track procedures for straightforward applications;

(c) measures to improve levels of recruitment and retention of specialist asylum caseworking staff; and

(d) any other measures which the Secretary of State may see fit to refer to in the reports.”

This new clause would require regular reports from the Secretary of State on progress toward eliminating the asylum backlog.

New clause 14—Safe and legal routes: family reunion for children—

“(1) The Secretary of State must, within three months of the date on which this Act enters into force, lay before Parliament a statement of changes in the rules (the “immigration rules”) undersection 3(2) of the Immigration Act 1971 (general provision for regulation and control) to make provision for the admission of unaccompanied asylum-seeking children from European Union member states to the United Kingdom for the purposes of family reunion.

(2) The rules must, as far as is practicable, include provisions in line with the rules formerly in force in the United Kingdom under the Dublin III Regulation relating to unaccompanied asylum-seeking children.”

This new clause seeks to add a requirement for the Secretary of State to provide safe and legal routes for unaccompanied asylum-seeking children with close family members in the UK, in line with rules previously observed by the UK as part of the Dublin system.

New clause 15—Border security: terrorism—

“(1) The Secretary of State must make arrangements for the removal of a person from the United Kingdom if the following conditions are met—

(a) the person meets the first condition in section 2 of this Act; and

(b) the Secretary of State is satisfied that the person has been involved in terrorism-related activity, as defined by section 4 of the Terrorism Prevention and Investigation Measures Act 2011.

(2) If the Secretary of State cannot proceed with removal due to legal proceedings, they must consider the imposition of terrorism prevention and investigation measures in accordance with the Terrorism Prevention and Investigation Measures Act 2011.

(3) The Secretary of State must lay a report before this House on activity under this section every 90 days.”

This new clause places on the Secretary of State a duty to remove suspected terrorists who have entered the country illegally, or consider the imposition of TPIMs for such individuals where removal is not possible.

New clause 16—International pilot cooperation agreement: asylum and removals—

“(1) The Secretary of State must, within three months of this Act coming into force, publish and lay before Parliament a framework for a 12-month pilot cooperation agreement with the governments of neighbouring countries, EU Member States and relevant international organisations on—

(a) the removal from the United Kingdom of persons who have made protection claims declared inadmissible by the Secretary of State;

(b) the prosecution and conviction of persons involved in facilitating illegal entry to the United Kingdom from neighbouring countries, including with regards to data-sharing; and

(c) establishing capped controlled and managed safe and legal routes, including—

(i) family reunion for unaccompanied asylum-seeking children with close family members settled in the United Kingdom; and

(ii) other resettlement schemes.

(2) In subsection (1)—

(a) “neighbouring countries” means countries which share a maritime border with the United Kingdom;

(b) “relevant international organisations” means—

(i) Europol;

(ii) Interpol;

(iii) Frontex;

(iv) the European Union; and

(v) any other organisation which the Secretary of State may see fit to consult with.”

This new clause would require the Secretary of State to lay before Parliament a framework for a new pilot co-operation agreement with the governments of neighbouring countries and relevant international organisations on asylum and removals.

New clause 18—Suspensive claims and related appeals: legal aid and legal advice—

“(1) The Secretary of State must make arrangements for legal aid to be available for the making of suspensive claims and related appeals under this Act.

(2) The Secretary of State must make arrangements to ensure that legal advice is available to support persons making suspensive claims under this Act.”

This new clause seeks to ensure legal aid and legal advice are available to persons for making suspensive claims and related appeals.

New clause 21—Afghan Citizens Resettlement Scheme: reporting requirements—

The Secretary of State must, no later than 7 June 2023 and at intervals of once every three months thereafter, publish and lay before Parliament a report on the operation of the Afghan Citizens Resettlement Scheme safe and legal route to the United Kingdom and on progress towards the Scheme’s resettlement targets for Afghan citizens.”

This new clause would require reports from the Secretary of State for each quarter since the publication of this Bill on the Afghan Citizens Resettlement Scheme, including Pathways 2 and 3.

Amendment 44, in clause 1, page 2, line 14, leave out subsection (3).

This amendment and Amendment 45 would require the courts to interpret the Act, so far as possible, in accordance with the UK’s international obligations contained in several international treaties.

Government amendments 111 to 113, and 77.

Amendment 45, page 2, line 28, leave out subsection (5) and insert—

“(5) So far as it is possible to do so, provision made by or by virtue of this Act must be read and given effect in a way which is compatible with—

(a) the Convention rights,

(b) the Refugee Convention,

(c) the European Convention on Action Against Trafficking,

(d) the UN Convention on the Rights of the Child, and

(e) the UN Convention relating to the Status of Stateless Persons.”

This amendment and Amendment 44 would require the courts to interpret the Act, so far as possible, in accordance with the UK’s international obligations contained in several international treaties.

Amendment 46, page 2, line 31, leave out clause 2.

Government amendment 89.

Amendment 17, in clause 2, page 3, line 9, at end insert “, and—

(a) was aged 18 years or older on the date on which they entered or arrived in the United Kingdom, and

(b) is not—

(i) part of the immediate family of,

(ii) a family member as defined by section 8(2) of this Act of, or

(iii) a person who otherwise had care of,

an individual who was under the age of 18 on the date on which they entered or arrived in the United Kingdom where that individual is physically present in the United Kingdom.”

This amendment would exempt children and, where they are accompanied, their immediate families from removal duty contained in clause 2 and other related duties or powers, ensuring the existing safeguarding regime in relation to these children is retained.

Amendment 47, page 3, line 38, at end insert—

“(10A) The duty under subsection (1) does not apply in relation to—

(a) a person who was under the age of 18 when they arrived in the UK;

(b) a person (“A”) who is an Afghan national where there is a real risk of persecution or serious harm to A if returned to that country;

(c) a person who is a refugee under the Refugee Convention or in need of humanitarian protection;

(d) a person (L) where there is a real risk of persecution or serious harm on grounds of sexual orientation if L were to be removed in accordance with this section;

(e) a person who, there are reasonable grounds to suspect, is a victim of torture;

(f) a Ukrainian citizen;

(g) a person who, there are reasonable grounds to suspect, is a victim of trafficking or modern slavery;

(h) a person who has family members in the United Kingdom;

(i) an person who meets the definition of an “adult at risk” in paragraph 7 of the Home Office Guidance on adults at risk in immigration detention (2016), including in particular people suffering from a condition, or who have experienced a traumatic event (such as trafficking, torture or sexual violence), that would be likely to render them particularly vulnerable to harm.”

This amendment would exempt certain persons from the Secretary of State’s duty to remove, including children, refugees, victims of modern slavery and other vulnerable people.

Government amendment 185.

Amendment 1, page 4, line 4, at end insert—

“(d) the person enters the United Kingdom from Ireland across the land border with Northern Ireland.”

This probing amendment would provide an exemption from the duty to remove for people who arrive in the UK from the Republic of Ireland via the land border with Northern Ireland.

Amendment 5, in clause 3, page 4, line 8, leave out

“at a time when the person is an unaccompanied child”

and insert

“where the person is an unaccompanied child or is a person who arrived in the United Kingdom as an unaccompanied child”.

This amendment seeks to remove the obligation on the Secretary of State to remove a person where the person has ceased to be an unaccompanied child.

Amendment 181, page 4, line 9, leave out subsections (2) to (4).

This amendment removes the power for the Secretary of State to remove an unaccompanied child before they turn 18.

Government amendments 174, 106 to 110, and 175.

Amendment 48, in clause 4, page 4, line 35, leave out paragraph (d).

This amendment would ensure the duty to remove under clause 2 did not apply “regardless” of a person making an application for judicial review in relation to their removal.

Amendment 49, page 5, line 2, leave out from “(2)” to end of line 2 and insert

“must be considered under the immigration rules if the person who made the claim has not been removed from the United Kingdom within a period of six months starting on the day the claim is deemed inadmissible.”

This amendment would require the Secretary of State to consider protection and human rights claims if removal had not been completed within 6 months of the declaration of inadmissibility.

Amendment 184, page 5, line 8, after “if” insert—

“the Secretary of State considers that there are reasonable grounds for regarding the claimant as a danger to national security or a threat to public safety, or”.

This amendment would prevent a person who meets the four conditions for removal in clause 2 and who is considered a threat to national security or public safety from making a protection claim or human rights claim.

Government amendment 176.

Amendment 182, in clause 5, page 5, line 36, after “child” insert—

“and where a best interest and welfare assessment carried out in the three months prior to that person turning 18 concluded it was appropriate for them to be removed”.

This amendment would add an additional requirement that a best interest and welfare assessment would need to have been carried out before the duty to remove applies to someone who was previously an unaccompanied child.

Government amendment 177.

Amendment 132, in clause 7, page 8, line 24, at end insert—

“(1A) P may not be removed from the United Kingdom unless the Secretary of State or an immigration officer has given a notice in writing to P stating—

(a) that P meets the four conditions set out in section 2;

(b) that a safe and legal route to the United Kingdom from P’s country of origin existed which P could have followed but did not follow;

(c) that the safe and legal route specified in paragraph (b) has been approved by both Houses of Parliament in the previous 12 months as safe, legal and accessible to persons originating in the relevant country; and

(d) the number of successful applications for asylum in each of the previous five years by persons following the safe and legal route specified in paragraph (b).

(1B) Any determination by the Secretary of State to remove P from the United Kingdom based on information provided by the notice referred to in subsection (1A) may be subject to judicial review on the basis that the information was flawed, and the Secretary of State may not remove P from the United Kingdom while any such judicial review is ongoing.”

This amendment would prevent the Home Secretary removing a person from the United Kingdom unless and until the Secretary of State has confirmed that a safe and legal route existed but that the person nevertheless chose to follow an alternative route which resulted in them arriving in the United Kingdom without leave.

Government amendments 79 to 83.

Amendment 50, in clause 8, page 9, line 36, after “family” insert “who arrives with P and”.

This amendment would limit the power to issue removal directions to family members, to those family members who arrived with the person being removed.

Government amendments 90, 91 and 139.

Amendment 51, page 13, line 10, leave out clause 11.

Government amendments 140, 134, 141, 142 and 135.

Amendment 2, in clause 11, page 14, line 46, at end insert—

“(2H) Sub-paragraphs (2C) to (2G) above do not apply to any person who—

(a) entered the United Kingdom as an unaccompanied child;

(b) has at least one dependant child; or

(c) is a pregnant woman.”

This amendment would prevent an immigration officer’s detention powers from being used to detain unaccompanied children, families with dependant children or pregnant women.

Government amendments 143 to 145, 136, 146, 147, 137 and 148.

Amendment 3, page 17, line 15, leave out subsection (11) and insert—

“(11) Subsections (5) to (10) above do not apply to any person who—

(a) entered the United Kingdom as an unaccompanied child;

(b) has at least one dependant child; or

(c) is a pregnant woman.”

This amendment would prevent the Secretary of State’s detention powers from being used to detain unaccompanied children, families with dependant children or pregnant women.

Amendment 52, page 17, line 18, leave out clause 12.

Government amendments 149, 86, 150, 87, 151 to 157, 85, 88, 84, and 158 to 160.

Amendment 53, page 22, line 30, leave out clause 15.

Amendment 183, in clause 15, page 22, line 39, at end insert—

“(5) Subject to subsections (6) to (8), an unaccompanied child may not be placed in, or once placed in, may not be kept in, accommodation provided or arranged under subsection (1) that has the purpose of restricting liberty (“secure accommodation”) unless it appears—

(a) that the child is likely to abscond from any other description of accommodation; and

(b) if they abscond, they are likely to suffer significant harm.

(6) A child may not be kept in secure accommodation for a period of more than 72 hours without the authority of the court.

(7) Subject to subsection (8), a court may authorise that a child may be kept in secure accommodation for a maximum period of 3 months.

(8) A court may from time to time authorise that a child may be kept in secure accommodation for a further period not exceeding six months at any one time.

(9) In this section, “significant harm” includes, but is not limited to, a high likelihood that the child will be at risk of trafficking or exploitation.”

This amendment would clarify the circumstances under which an unaccompanied child accommodated by the Home Office, rather than a local authority, can be accommodated in secure accommodation. It would require the child to be at risk of harm if they absconded, including at risk of being trafficked or exploited.

Amendment 7, page 23, line 1, leave out clause 16.

Government amendments 124 to 131.

Amendment 54, in clause 19, page 24, line 27, at end insert—

“(a) in the case of Wales, with the consent of Senedd Cymru,

(b) in the case of Scotland, with the consent of the Scottish Parliament, and

(c) in the case of Northern Ireland, the consent of the Northern Ireland Assembly is only required if the Northern Ireland Executive has been formed.”

This amendment would ensure provisions in relation to unaccompanied migrant children could not be extended to devolved nations without the consent of the devolved legislatures, as appropriate.

Amendment 55, in clause 21, page 25, line 17, leave out paragraphs (a) and (b) and insert—

“grounds of public order prevent observation of the reflection and recovery period, or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 21 relating to exclusion from trafficking protections (a reflection period and leave to remain) to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 12, page 25, line 22, after “decision”” insert—

“, unless the decision relates to the person being a victim of sexual exploitation”.

Amendment 4, page 25, line 32, at end insert “either—

(aa) the relevant exploitation took place in the United Kingdom; or”

This amendment is intended to exempt people who have been unlawfully exploited in the UK from provisions which would otherwise require their removal during the statutory recovery period and prohibit them being granted limited leave to remain.

Amendment 16, page 26, line 2, at end insert—

“(3A) Subsections (1) and (2) do not apply in relation to any person who is a national of a state which—

(a) has not ratified the relevant international legal agreements; or

(b) the Secretary of State has reasonable grounds to believe may not be effectively enforcing its obligations under the relevant international legal agreements; or

(c) the Secretary of State has reasonable grounds to believe may not be able or willing to prevent the person from becoming a victim of slavery and human trafficking upon their return to that country.

(3B) For the purposes of subsection (3A), “relevant international legal agreements” means—

(a) ILO Conventions 29 and 105 on Forced Labour;

(b) the European Convention on Human Rights;

(c) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime;

(d) the Council of Europe Convention on Action Against Trafficking;

(e) any other relevant agreement to which the United Kingdom is a party.

(3C) In determining whether paragraphs (b) and (c) of subsection (3A) apply, the Secretary of State must consult with, and pay due regard to the views of, the Independent Anti-Slavery Commissioner.”

This amendment stipulates that the duty to remove victims of modern slavery does not apply to nationals of countries which have not ratified international agreements relating to human trafficking, or which the Secretary of State has reason to believe may not be effectively enforcing its obligations under those agreements.

Government amendment 95.

Amendment 56, page 26, line 25, leave out subsections (7) to (9).

This amendment seeks to protect those victims of trafficking and slavery granted leave to remain under s65(2) of the Nationality and Borders Act from the power of the Secretary of State to revoke that in certain circumstances.

Amendment 57, in clause 22, page 27, line 11, leave out paragraphs (a) to (c) and insert—

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 22 relating to provision of support to trafficking victims in England and Wales to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 13, page 27, line 14, after “person” insert—

“, unless the decision relates to the person being a victim of sexual exploitation”.

Amendment 58, in clause 23, page 27, line 24, leave out paragraphs (a) and (b) and insert—

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 23 relating to provision of support to trafficking victims in Scotland to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 14, page 27, line 28, at end insert—

“unless the person is a victim of sexual exploitation”.

Government amendment 96.

Amendment 59, in clause 24, page 29, line 6, leave out paragraphs (a) and (b) and insert—

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 24 relating to provision of support to trafficking victims in Northern Ireland to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 15, page 29, line 11, at end insert—

“unless the person is a victim of sexual exploitation”.

Government amendments 97, 114 to 119, 161, 162, 104, 105, 122, 92 and 163.

Amendment 8, in clause 30, page 35, line 31, leave out “has ever met” and insert— “is aged 18 or over at the time of entry into the United Kingdom and meets”.

This amendment seeks to provide an exemption from the ban on obtaining citizenship for family members of people who are subject to the “duty to remove” if they were either born in the UK or arrived in the UK as a child.

Government amendments 164 to 166.

Amendment 62, in clause 31, page 36, line 31, leave out paragraphs (a) to (d).

This amendment and amendments 63 to 65 seek to remove provisions which would prevent persons accessing British citizenship.

Government amendment 167.

Amendment 63, page 37, line 3, leave out sub-paragraphs (i) and (ii).

This amendment and amendments 62, 64 and 65 seek to remove provisions which would prevent persons accessing British citizenship.

Government amendment 168.

Amendment 64, in clause 32, page 37, line 17, leave out paragraphs (a) and (b).

This amendment and amendments 62, 63 and 65 seek to remove provisions which would prevent persons accessing British citizenship.

Government amendment 169.

Amendment 65, page 37, line 29, leave out sub-paragraph (i).

This amendment and amendments 62 to 64 seek to remove provisions which would prevent persons accessing British citizenship.

Amendment 66, page 37, line 39, leave out clause 33.

Amendment 67, page 38, line 1, leave out clause 34.

Government amendments 123, 170, 171, and 33 to 35.

Amendment 68, in clause 37, page 40, line 8, leave out from “means” to the end of line 12 and insert “—

(a) a protection claim

(b) a human rights claim, or

(c) a claim to be a victim of slavery or a victim of human trafficking.”

This amendment seeks to ensure that consideration of protection claims, human rights claims and slavery and trafficking cases would suspend removal under clause 45.

Government amendments 172, 173, and 36 to 43.

Amendment 69, in clause 43, page 45, line 30, leave out subsection (7).

This amendment seeks to reinstate onward rights of appeal against a decision of the Upper Tribunal under this clause.

Amendment 70, in clause 44, page 46, line 22, leave out subsection (7).

This amendment seeks to reinstate onward rights of appeal against a decision of the Upper Tribunal under this clause.

Government amendments 18 to 32, and 186.

Amendment 71, in clause 52, page 53, line 11, leave out sub-paragraph (i).

This amendment would ensure rules on inadmissibility of certain asylum claims were not extended to human rights claims.

Amendment 72, page 53, leave out line 33.

Amendment 75, in clause 53, page 55, line 11, leave out from “must” to the end of subsection (1) and insert—

“within six months of this Act coming into force, secure a resolution from both Houses of Parliament on a target for the number of people entering the United Kingdom each year over the next three years using safe and legal routes, and further resolutions for future years no later than 18 months before the relevant years begin.”

This amendment seeks to enhance Parliament’s role in determining a target number of entrants using safe and legal routes.

Amendment 76, page 55, line 15, after “authorities” insert—

“(aa) the United Nations High Commission for Refugees,

(ab) the devolved governments,

(ac) the Home Affairs Select Committee of the House of Commons,”

The purpose of this amendment is to broaden the scope of consultees on setting the target for the number of entrants using safe and legal routes.

Government amendment 11.

Amendment 9, page 55, line 37, at end insert—

““persons” means only individuals aged 18 or over on the day of entry into the United Kingdom;”

This amendment would exclude children from the annual cap on number of entrants.

Government amendments 178, 98 to 100, 120, 187, 133, 179, 180, 93 and 94.

Amendment 10, in clause 59, page 58, line 27, at end insert—

“but see section (Immigration rules since December 2020: human rights of migrants).”

This amendment is consequential on NC5.

Government amendments 103, 138, 101, 102, 121 and 188.

Amendment 73, page 59, line 19, at end insert—

“(4A) Section 23 comes into force on such day as the Secretary of State may by regulations appoint, provided that the Scottish Parliament has indicated its consent to the section coming into force.”

This amendment would require Scottish Parliament consent before disapplication of its legislation making provision for support for modern slavery and trafficking victims in Scotland could come into force.

Amendment 74, page 59, line 19, at end insert—

“(4A) Section 24 comes into force on such day as the Secretary of State may by regulations appoint, provided that, if a Northern Ireland Executive has been formed, the Northern Ireland Assembly has previously indicated its consent to the section coming into force.”

This amendment would require Northern Ireland Assembly consent before disapplication of its legislation making provision for support for modern slavery and trafficking victims in Northern Ireland could come into force.

Government amendment 189.

Government new schedule 1—Electronic devices etc.

Government amendment 78.

[Robert Jenrick]

On behalf of the Home Office, I pay tribute to those Border Force officers who nobly volunteered to serve in Sudan this week, to support British nationals and others as they are processed and swiftly returned to the United Kingdom. The Home Secretary and I praise their professionalism and their sense of service and duty.

Before I address the key Government amendments, it is worth reminding the House of why the Government introduced this vital Bill. A sovereign state must have control of its borders. Quite properly, we have an immigration system that determines who can come to the UK lawfully, whether to visit, to study, to work or for other legitimate reasons. Our immigration and asylum system also makes generous provision in providing sanctuary for people seeking protection. Indeed, we have offered such protection, in different ways, to nearly half a million people since 2015.

But the people of this country are rightly frustrated if a self-selected group of individuals can circumvent those controls by paying people smugglers to ferry them across the channel on a small boat. Why would someone apply to come to this country for employment if they can instead arrive on a small boat, claim asylum and then, as one amendment suggests, acquire the right to work here after 12 months?

Illegal migration undermines the integrity of our immigration system. It puts unsustainable pressure on our housing, health, education and welfare services, and it undermines public confidence in our democratic processes and the rule of law. That is why we want to stop the boats and secure our borders, and this Bill is dedicated to that goal. It will send a clear message that people who enter the United Kingdom illegally will not be able to build a life here. Instead, they are liable to be detained, and they will be removed either back to their home country, if it is safe to do so, or to a safe third country, such as Rwanda.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Is the Minister really asking the House to believe that such an amendment would act as a pull factor? Is he saying that people will come here because of the possibility that we might pass an amendment giving asylum seekers the right to work? If that is his case, it is particularly poor even by his standards.

[Robert Jenrick]

It is a pull factor to the UK that individuals can work in our grey economy, which is a cause of serious concern. If we were to add an additional pull factor, by enabling people to work sooner, it would be yet another reason for people to choose to come to this country. I will return to that point in responding to other questions before the House today.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Will the Minister give way?

[Robert Jenrick]

I will not give way at the moment.

The vast majority of people arriving on small boats come from an obvious place of safety—France—with a fully functioning asylum system, so they are choosing to make that additional crossing. They are essentially asylum shoppers, even if they originally come from a place of danger, and they are doing that because they believe the United Kingdom is a better place to make their claim and to build a future. Their ability to work is obviously part of that calculation, as our north European counterparts frequently say.

[Several hon. Members rose—]

[Robert Jenrick]

Let me make some progress, and I will return to those Members who want to intervene.

It is important that we get the Bill right. I understand the complexity of the legal and operational challenges we face. In enacting this legislation, we must be alert to those who seek to use every possible tactic to thwart and frustrate its operation. We have seen that with our groundbreaking partnership with Rwanda, and we will see it again with this Bill.

Since its introduction, we have continued to examine how to make the Bill as robust as possible, as well as reflecting on the debates in Committee last month. The Government amendments before the House today reflect that further work and consideration. We have repeatedly made it clear that, as we reduce the number of illegal immigrants arriving on small boats and through other forms of clandestine entry, we will free up capacity for more people to come to this country through safe and legal routes.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

We know that, in 2021, 71% of asylum claims were successful, and that a further 47% were successful on appeal. This is not illegal migration. If those claims were successful, why are we not allowing people to work? Is the Minister trying to make it illegal for anyone to come in, thereby reducing our standing on the rule of law?

--- Later in debate ---

[Robert Jenrick]

There are a number of points there. There is a legitimate point of view, as I have said on a number of occasions, that those seeking a determination should have the right to work, but we disagree, because we want to reduce the pull factors to the UK, not add to them. As I have said throughout my time in this role, deterrence has to be suffused throughout every aspect of our approach. Creating a situation where individuals could quickly access the UK labour market is not sensible if we want to reduce the number of people coming here in the first place.

Let me return to the issue of safe and legal routes—

[Patrick Grady (Glasgow North) (SNP)]

rose—

[Robert Jenrick]

Let me make my remarks on this and then I will come to the hon. Gentleman. That issue is clearly of interest to many hon. Members on both sides of the House. In particular, I wish to pay tribute to my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), with whom I have had a number of significant conversations in recent weeks. He is keen to see early progress on this front. The Government accept the need for greater clarity about the safe and legal routes available to those seeking refuge in the UK, while reiterating that it is simply not feasible for this country to accept all those who may seek to come here. That is why I am happy to commend to the House his new clause 8 and amendment 11, which would, first, require the Home Secretary to lay before Parliament, within six months of Royal Assent, a report detailing existing and proposed additional safe and legal routes for those in need of protection. We will aim to implement the proposed new routes as soon as practicable and in any event by the end of 2024. Secondly, the amendments would require the Home Secretary to commence the consultation on the annual number of people to be admitted through safe and legal routes within three months of Royal Assent.

[Patrick Grady]

The Prime Minister could not answer this earlier, so perhaps the Immigration Minister can: what safe and legal route is available today for a young person in Sudan who wants to flee the violence there and come to the UK?

[Robert Jenrick]

I am happy to answer that question. We have consistently said that those seeking sanctuary should do so in the first safe country. On the developing situation in Sudan, the United Nations is operating in most, if not all, of the countries surrounding Sudan. Last week, I met the assistant commissioner at the United Nations High Commissioner for Refugees, when we discussed exactly this point. The best advice clearly would be for individuals to present to the UNHCR. The UK, like many countries, works closely with the UNHCR and we already operate safe and legal routes in partnership with it. That safe and legal route is available today. To answer the hon. Gentleman’s point directly, let me say that the UK is the fourth largest recipient in the world of individuals through routes operated by the UNHCR. So his central contention that the UK is somehow not a generous and compassionate country and that we are not working with organisations such as the UNHCR in this regard is factually incorrect. We are working with them closely.

In addition, we have a family reunion scheme, which has enabled more than 50,000 refugees to come to the UK in recent years and to meet up with their family members who have also sought refuge in the UK as refugees. That scheme is available all over the world. So if the young person in the hon. Gentleman’s example had family in the UK, that individual could come here through the family reunion scheme. In addition, the point made in the Bill is that we will expand those safe and legal routes over the course of the next 12 months or so, so that even more individuals can make use of them.

[Alison Thewliss (Glasgow Central) (SNP)]

The Minister is in danger of taking the UNHCR’s name in vain, because it has issued a statement that says:

“UNHCR wishes to clarify that there is no mechanism through which refugees can approach UNHCR with the intention of seeking asylum in the U.K. There is no asylum visa or ‘queue’ for the United Kingdom.”

Would he like to correct the record?

[Robert Jenrick]

No. The hon. Lady may not—

[Alison Thewliss]

That is what it has said in response—

[Robert Jenrick]

With all due respect to the hon. Lady, I met the assistant commissioner of the UNHCR and had this conversation directly with her. So whatever the hon. Lady may be quoting from her iPhone, I would prefer to take at face value what I have heard in discussion with the assistant commissioner. The point is that the UNHCR selects individuals who have registered with it and to whom it has given refugee status to go to other countries on existing safe and legal routes. It currently has discretion as to who it puts in the direction of the United Kingdom. That was a choice made when the UK established that scheme, because the then Conservative Government took the perfectly legitimate view that we would offer complete discretion to the United Nations to select the people it felt were the most vulnerable in the world and help them to come to the UK. We have already opened the conversation with the UN on how we will establish a new safe and legal route, and there are a range of options on how we might configure that.

[Mrs Theresa May (Maidenhead) (Con)]

I wonder if I might assist my right hon. Friend on this issue of the UNHCR, because I too have seen that quote. As far as I can see, the UNHCR is saying that somebody cannot just turn up at the UNHCR and say, “I want to go and have asylum in the UK.” The UK has an arrangement with the UNHCR whereby we say that we will take a certain number of refugees or asylum seekers, and we ask it please to identify those who are most vulnerable and therefore those who should be coming under our scheme. There is not that incompatibility that is being suggested.

[Robert Jenrick]

My right hon. Friend is absolutely right on that. Of course, how we structure any safe and legal route, whether we work with the UN or indeed any other organisation, is a choice for the UK. It is not impossible for the UK to say that we wish to take individuals from particular countries or regions, but the choice made in the recent past, which as I say, was a perfectly valid one, was to give that discretion to the experts at the UNHCR, rather than to fetter their discretion.

[Sir Chris Bryant (Rhondda) (Lab)]

rose—

[Robert Jenrick]

I give way to the right hon. Gentleman.

[Sir Chris Bryant]

I am not right honourable, but I am grateful to the Minister for giving way. Let me take him back to the issue of people in Sudan at the moment, because he referred to brave officials from his Department who are out there. What is the advice being given where a family member has children under the age of 18, who, for all sorts of complicated reasons at the moment, may not be properly documented given the situation in Sudan? Will they be able to get on an aeroplane? Will they end up with some kind of determination having to be made when they get to Cyprus? What will be the situation?

[Robert Jenrick]

So far, we have been calling individuals and families forward in order of priority; those in Sudan should check the Foreign, Commonwealth and Development Office’s published advice to see that. There is discretion for Border Force officers where British passport holders, or those who have leave to enter the UK, present with minors and there is credible evidence that those children are their own, and this is so as to ensure that the family unit stays together wherever possible. That is the right approach. We have worked closely with Border Force to ensure that the group of officers we have in Sudan have the correct guidelines to operate that policy. To the best of my knowledge, we have not encountered any issues, but of course we are getting regular updates to ensure that that is functioning properly.

[Danny Kruger (Devizes) (Con)]

I wish to draw the House’s attention to another safe and legal route that exists at the moment, the community sponsorship arrangement, which was introduced by my right hon. Friend the Member for Maidenhead (Mrs May) when she was Home Secretary. It enables communities to welcome refugees from around the world. Does he agree that it is a good model and that we should expand it in future?

[Robert Jenrick]

I do, and I commend that arrangement wholeheartedly. I took part in what is, in one sense, a successor to that scheme, the Homes for Ukraine scheme, and it was an incredibly rewarding experience for me and my family. The principle at the heart of that is that it is not purely a matter for the state to provide support; individuals, groups, churches, synagogues and mosques might want to come forward to gather support and funding to meet the state halfway and assist those people to come to the UK. That scheme is available. We would like more people to take part in it. It is exactly the sort of scheme that could be considered alongside the future expansion of safe and legal routes.

[Stella Creasy]

rose—

[Wera Hobhouse (Bath) (LD)]

rose—

[Robert Jenrick]

If I may, I will make some more progress, but I would be pleased to revert to the hon. Member for Walthamstow (Stella Creasy) in a moment.

Let me turn to the other issue that my hon. Friend the Member for East Worthing and Shoreham raised in Committee, which is that of unaccompanied children. Again, we have listened to the points that he and right hon. and hon. Members on both sides of the House have raised. As I have said repeatedly, this is a morally complex issue. There are no simple answers and each has trade-offs. Our primary concern must be the welfare of children, both here and abroad. We need to ensure that the UK does not become a destination that is specifically targeted by people smugglers specialising in children and families.

[Janet Daby (Lewisham East) (Lab)]

rose—

[Robert Jenrick]

Let me make some progress.

I am also acutely concerned that we balance that with the very real safeguarding risks posed by young adults pretending to be children. This is not a theoretical issue; it is one that we see every day unfortunately. Today, a very large number of young adults do pose as children. In fact, even with our current method of age assessment, around 50% of those people who are assessed are ultimately determined to be adults. We have seen some very serious and concerning incidents in recent months. There are few more so than that raised in this House by my right hon. Friend the Member for Bournemouth West (Conor Burns) when one of his constituents, Thomas Roberts, was murdered by an individual who had entered the UK posing as a minor and, during his time in the UK, had been in education, in the loving care of foster parents and in other settings in which he was in close proximity to genuine children.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Minister has raised the awful case of Thomas Roberts. I have asked him repeatedly why it was not known that the murderer was wanted for murder in Serbia and why it was also not known that he had already been turned down for asylum in another European country. Why did the authorities and Border Force not know that information?

[Robert Jenrick]

As I said in answer to an Adjournment debate on this issue, I have commissioned a review of all of the circumstances surrounding that most serious case so that we can understand the multiple failures that may have happened while that individual has been in the United Kingdom and what lessons we need to learn. Separate to that, I have taken further steps to enhance the security checks that are conducted when individuals arrive at the Western Jet Foil and at Manston, aided by the change in the law that I made earlier in the year so that we have, in extremis, up to 96 hours in which to hold individuals in that setting while we conduct those security checks. I am working closely with the security services, police and the National Crime Agency in that regard. If there are other things that we need to do, we will do them, and if there are other databases that we should be arguing for access to we will certainly do so, because it is critical that we secure our borders in this regard.

[Several hon. Members rose—]

[Robert Jenrick]

Let me make some progress if I may.

We have been clear that the power to remove unaccompanied children would be exercised only in very limited circumstances: principally for the purposes of effecting a family reunion or to return someone to their safe country of origin. Government amendment 174 makes this clear in the Bill while futureproofing the Bill against the risk that the people smugglers will seek to endanger more young lives and break up more families by loading yet more unaccompanied children on to the small boats.

[Edward Timpson (Eddisbury) (Con)]

On the face of it, I, too, welcome Government amendment 174 on the limitations to the removal of children and the prescription that is put within it. However, my right hon. Friend has alluded to the fact that, further down in that amendment, it sets out that the Home Secretary can pass regulations to set out any other circumstances at a later date. Is he referring to changes in the way that people smugglers may operate? Will this be an affirmative procedure in Parliament, and what sort of circumstances does he anticipate that we may be dealing with?

[Robert Jenrick]

What we do know is that this situation is fast moving and that the people smugglers are individuals and businesses that will stop at nothing and stoop to any low. We want to retain a degree of discretion, of course accountable to Parliament, and we would ensure that it is an affirmative procedure, giving Parliament at least an opportunity to debate it should there be concerns with the approach of any Home Secretary. But let me be clear that the Government’s position is that we see the use of this power only for those two very limited, but understandable and sensible, suggestions. They are two routes that are used today judiciously. We do—although it is very hard to do—seek to reunify unaccompanied minors with their family members, and succeed in a small number of cases. We also remove minors from the UK back home to safe countries, always making sure that social services or appropriate authorities are awaiting them on their return. Those things happen today and we want to see that they continue and, if anything, that we take further advantage of them.

[Wera Hobhouse]

Nobody in this House would disagree that we need to stop the people smugglers, but I worry that the Government focus too much on the people smugglers, rather than on the damage that is caused to vulnerable children who are already traumatised. The whole process that the Government are proposing is retraumatising already deeply traumatised young people.

[Robert Jenrick]

On the broader point, let me reassure the hon. Member that, as a parent, I, the Home Secretary and the Prime Minister gave these questions a great deal of thought and our motivation was the best interests of children. We do not want to see children put into dinghies and their lives placed in danger. When we do see that, it is a harrowing experience that lives with us. We have to take these steps to ensure that, when we operationalise the scheme at the heart of the Bill, the UK is not then targeted by people smugglers specialising in families and children.

[Mrs Natalie Elphicke (Dover) (Con)]

On the question of children, I think everyone agrees with the compassionate view that the Minister has expressed but, in Kent, we take and look after the majority of unaccompanied children. Does he agree that the safest place for those children is in the care of the French authorities and not on those boats in the first place, and how will the Bill assist with that?

[Robert Jenrick]

The key element at the heart of the Bill is deterrence. We want to deter individuals, families or adults from going into these dinghies, putting themselves at the behest of people smugglers. Ultimately, that is the way that we protect children. If we allow this issue to escalate—that is not the intention of those who oppose the Bill, but it is the logical conclusion—it will simply see more children placed into these boats and we have to stop that. That is what we are setting out to do here. As my hon. Friend has raised the point, I would praise the authorities in Kent, which have gone above and beyond to support young people. I have recently visited the facilities there.

[Apsana Begum (Poplar and Limehouse) (Lab)]

rose—

[Robert Jenrick]

I will give way to the hon. Lady, and then I should make more progress.

[Apsana Begum]

Does the Minister agree that it is deeply harrowing to learn of pregnant women arriving in the UK on these boats and that perhaps they should be exempt from the provisions on removals in the Bill?

[Robert Jenrick]

I do not want to see pregnant women placed in a difficult or compromising position. The scheme is structured in such a way that a suspensive claim can be brought where there is serious or irreversible harm, which, in most cases, is physical harm, that would prevent an individual from being placed on a flight either back home to their own country, if it is a safe place, or to a safe third country like Rwanda. The usual fitness to fly procedures will apply. Therefore, a pregnant woman would not be placed on a flight to Rwanda or elsewhere unless it was safe to do so. There are long-standing conventions of practice on how we would make that judgment.

On the issue of detention of unaccompanied children, I understand the concerns that a number of hon. and right hon. Members have raised about the prolonged detention of children without the authority of a court. I thank those Members, including my hon. Friend the Member for East Worthing and Shoreham, for their very constructive engagement with us on that and other matters. As a result of those discussions, we have introduced Government amendments 134 and 136 to enable a time limit to be placed on the detention of an unaccompanied child where the detention is for the purposes of removal.

I acknowledge my hon. Friend’s and other hon. Members’ concerns—indeed I share them. I commit to working with him and others, including my right hon. Friend the Member for Chelmsford (Vicky Ford), with whom I have had a number of conversations, to set out the new timescale under which genuine children may be detained for the purposes of removal without the authority of the court and what appropriate support should be provided within detention, recognising the obligations under the Children Act 1989, an important piece of legislation.

I can also confirm to my hon. Friend the Member for East Worthing and Shoreham and others that it is our intention that, where there is no age dispute, children are not detained for any longer than is absolutely necessary, with particular regard to the risk of absconding and suffering significant harm. I trust that those amendments and commitments will assuage the concerns that he raised in Committee and that he will not feel the need to press his amendment 138 on this issue.

[John McDonnell (Hayes and Harlington) (Lab)]

As the Minister says, amendments 134 and 136 bring in the opportunity to introduce regulations for setting time limits. In the past, when there has been a contentious issue such as this across the House, it has often been the practice for the Government to bring forward draft regulations before the end of the Bill’s passage through both Houses. Can he give us an assurance that we will be able to see the detail of what the Government are thinking?

[Robert Jenrick]

I am not able to give that assurance today, but I will give it careful consideration and come back to the right hon. Gentleman. We must ensure that we give this careful consideration and get these difficult judgments right, and that we learn the lessons from when children have been detained in the recent past. I know he is very aware of that and through his constituency duties has been very involved with the immigration removal centre in his constituency.

We want to ensure that we only detain children in the most limited circumstances and in the right forms of accommodation, with the correct scrutiny and accountability. I have recently spoken with the Children’s Commissioner and asked her to assist us and give us her expert opinion in the further policy development that we intend to do. I am keen to work with any hon. Member across the House who has expertise to bring to bear on the issue.

I turn now to the question raised in Committee regarding modern slavery and to amendment 4 in the name of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), supported by, among others, my right hon. Friend the Member for Maidenhead (Mrs May). They are both international champions of this issue and have played critical roles in establishing the UK as a leading force in modern slavery prevention and the protection of those who have proven to be victims. This issue of modern slavery is also addressed in amendments 12 and 16 in the name of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and amendments 73 and 74 in the name of the hon. Member for Glasgow Central (Alison Thewliss).

The Bill is intended to stop the boats. People are risking their lives by making dangerous crossings and putting unprecedented pressure on our public services. Amending these clauses to create exemptions that could lead to abuse of modern slavery protections, and risk undermining the very purpose of the Bill, is something that we must think very carefully about.

I understand, of course, that in the preparation of their amendments my right hon. Friends the Members for Chingford and Woodford Green and for Maidenhead, and others, have thought in particular about how we can prevent individuals who have been in the UK for a sustained period from being exploited by human traffickers, or, if they are already being exploited, from being deterred from escaping that modern slavery, or raising concerns with civil society or law enforcement bodies. Those are serious issues, and I want to take them forward with my right hon. Friends, listening to their unrivalled expertise through the passage of the Bill, to see whether there are ways we can address and assuage their concerns. For that reason, we will look at what more we can do to provide additional protections to individuals who have suffered exploitation in the UK.

I remind my right hon. Friends that the modern slavery provisions in the Bill are time-limited, recognising the exceptional circumstances we currently face in respect of the illegal and dangerous channel crossings. Unless renewed, the provisions will expire two years after commencement. They take advantage of an express provision within the European convention on action against trafficking, which foresaw that there might be circumstances in which there was a sufficient risk to public disorder, or a crisis that merited taking this kind of action. The Government would argue that we are in that moment now, and for that reason we need to apply that limited exemption.

[Mr Peter Bone (Wellingborough) (Con)]

The Minister has rightly singled out two of my colleagues with flattery to try to help him—but he did not single me out, so he is going to get it in the neck. Suppose a 16-year-old in Moldova is told that she has a job in a restaurant in Belfast. She is provided with a Romanian passport. She comes across here on an aeroplane, with false documents, but when she gets to Belfast, she does not get a job. She is put in a terraced house and forced into prostitution; the lock is on the outside of the bedroom and she is effectively repeatedly raped. The police break that ring and rescue her. What happens then? At the moment, she gets protection, she is looked after and she helps with the prosecution. This Bill changes that. Can the Minister please tell me why? This person has been trafficked, not on a small boat, and exploited here. Why can he not accept the amendment in the name of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith)? It seems to me that there is no risk. I want his Bill to succeed, but this is—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I call the Minister.

[Robert Jenrick]

I apologise to my hon. Friend for not praising his long-standing interest in this issue and the very good conversation that he and I had recently, in which he made exactly the point that he has just made on the Floor of the House. We are concerned about those kinds of cases and about those individuals who are exploited within the United Kingdom, but we are keen to ensure that that is not inadvertently turned into a loophole that would undermine the broader scheme.

One of the existing protections within the Bill for an individual such as the one my hon. Friend mentions is the provision that, if someone is co-operating with a police investigation, the duty to remove will be suspended. Therefore, if somebody was in exactly the position he described, they should of course go to the law enforcement authorities. At that point, the safeguard that we put in the Bill would apply and they would not be removed from the country.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I will speak to my amendment shortly, I am sure, as will my right hon. Friend the Member for Maidenhead (Mrs May) and others, but I want to raise one particular point. The Minister used the word “inadvertently”, but I wonder whether Government amendment 95 is inadvertent when it gives sweeping powers to the Secretary of State to decide whether somebody is genuinely giving evidence to the police. I am also puzzled by the wording of proposed new subsection (5A) to clause 21, that

“the Secretary of State must have regard to guidance issued by the Secretary of State”,

which is the same person, I think. I am not sure how that achieves the desire to be balanced on this.

[Robert Jenrick]

That provision ensures that where an individual has presented to the authorities and the police may have opened an investigation, the police would then make a submission to the Home Secretary, who would then decide whether that was sufficiently advanced for the provisions in the Bill to apply. That is a sensible safeguard, but this is exactly the sort of issue on which I am happy to continue working with my right hon. Friend.

[Mrs May]

Picking up on the point made by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), I think that we were all surprised to see Government amendment 95, because it says not that the police can make an application to the Secretary of State, with a nice order and so on, but that the Secretary of State “must assume” that the person cannot stay in the United Kingdom unless there are “compelling circumstances”—determined initially and endorsed by the Secretary of State—for them to stay.

[Robert Jenrick]

That is the procedure that I have just outlined. Police forces would apply to the Secretary of State, who would then make the determination that my right hon. Friend describes. That is an important safeguard to ensure that there is rigour on this issue.

[Several hon. Members rose—]

[Robert Jenrick]

I will make some progress because this is a short debate and it is important that we enable people to make—[Interruption.] Well, it was only a few moments ago that SNP Members were saying that the debate was too short. I gently remind them that in both days in Committee we ran out of speakers, including on the SNP Benches.

[Yasmin Qureshi (Bolton South East) (Lab)]

Will the Minister give way?

[Robert Jenrick]

I really should make progress because I worry that we will run out of time.

I will say a few words in response to new clause 15 and on the issue of suspected terrorists. I welcome the shadow Home Secretary’s belated, albeit limited, endorsement of the duty on the Home Secretary to make arrangements for the removal of persons who enter the UK unlawfully—presumably including removal to Rwanda. That duty applies across the board, save in the case of unaccompanied children, so in our opinion, new clause 15 is, again, unnecessary. Protecting the public is the Government’s first priority, and the Bill includes powers to detain illegal entrants and, where necessary, release a person on immigration bail. There are existing powers to apply terrorism prevention and investigation measures where appropriate. They give the security service and the police powerful measures to help manage the risk of terrorism. They are, of course, considered case by case and used as a last resort if prosecution or deportation are not possible. We therefore judge that new clause 15 does not add anything to the Bill’s provisions or to existing counter-terrorism powers.

I have more sympathy for amendment 184, tabled by my hon. Friend the Member for Dover (Mrs Elphicke), in that she is seeking to make a constructive contribution to the debate on how we manage the clear risk posed by terrorism. It is already the case that all asylum claims must be declared inadmissible under the Bill. That is the case for any human rights claim in respect of a person’s home country. Where we are seeking to remove someone to a safe third country, it is right that they should be able to challenge that removal where they face a real risk of serious and irreversible harm—although that is a very limited ground—and the Bill provides for that, but we will always seek to effect removal as soon as possible, particularly where somebody poses a real risk of harm to the British public. I can assure my hon. Friend that, should removal be delayed, appropriate steps will be taken to ensure that the public is properly protected. She is one of the foremost Members of this House in issues related to tackling small boat arrivals, owing, of course, to the particular concerns of her Dover constituents. I am grateful to her for tabling amendment 184, and I look forward to continued work with her as we work through these challenges.

A number of other Government amendments address the concerns raised in Committee by, among others, my right hon. Friends the Members for Middlesbrough South and East Cleveland (Mr Clarke) and for South Holland and The Deepings (Sir John Hayes), and my hon. Friends the Members for Stone (Sir William Cash) and for Devizes (Danny Kruger), who rightly want to ensure that the scheme provided for in the Bill is as robust as possible and not open to exploitation and abuse by those who seek to frustrate removals.

[Sir William Cash (Stone) (Con)]

I would like to reciprocate, if I may. In my 39 years in the House, I had not had an opportunity of the kind that has been offered by the Government on this occasion for a good, proper and robust but none the less effective dialogue on these incredibly important matters. I put on record my thanks to the Government for that.

[Robert Jenrick]

I am very grateful to my hon. Friend for those kind words. We value his expertise, knowledge and commitment on this issue. He has made the Bill better, stronger and more likely to succeed in our objective, which is to stop the boats and restore the public’s confidence.

It has always been our intention that the only claims that could delay removal would be the factual suspensive claims and serious harm suspensive claims provided for in the Bill. All other legal challenges—be they rights-based or other claims—would be non-suspensive. New clause 22, tabled by my hon. Friend the Member for Devizes, makes it crystal clear not only that any judicial reviews will be non-suspensive, but that it will not be open to the Court to grant interim remedies that have the effect of blocking removals pending a substantive decision on a judicial review.

In a similar vein, new clause 24 makes it clear that any legal challenges relating to a decision about a person’s age are also non-suspensive. Through new clause 25, we are taking a power to make regulations setting out the circumstances in which it can be assumed that someone who refuses to undergo a scientific age assessment is an adult. I can assure the House that we will make such regulations only once we are satisfied that the scientific models are sufficiently accurate so that applying an automatic assumption will be compatible with the European convention on human rights. On that question, I thank in particular of my right hon. Friend the Member for South Holland and The Deepings, who has worked closely with the Government to achieve our shared objective.

On interim relief, we are replacing the marker clause relating to interim measures indicated by the Strasbourg Court. As my right hon. Friend the Home Secretary indicated on Second Reading, the Strasbourg Court is itself carrying out a review of the rule 39 process at the encouragement of a number of member states, including us. The former Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), who was then Lord Chancellor, and the current Attorney General, have had constructive discussions with the Court about reform, including on rule 39. However, we can and should do more.

New clause 26 will confer on the Home Secretary or any other Minister of the Crown a discretion, to be exercised personally, to suspend the duty to remove a person where an interim measure has been indicated on an individual case. The new clause sets out a non-exhaustive list of considerations to which the Minister may have regard when considering the exercise of such a discretion in that case. The Minister will be accountable to Parliament for the exercise of that personal discretion. The Government expect that the Minister will carefully consider the UK’s international obligations when deciding whether to disapply the duty.

[Joanna Cherry (Edinburgh South West) (SNP)]

It seems to me that new clause 26 effectively introduces a presumption that the UK Government will breach international law when interim measures are handed down by the Court in Strasbourg. The Home Secretary has already said on the face of the Bill that she cannot certify that it is compatible with the ECHR, but she has declined to give evidence to the Joint Committee on Human Rights to assist our legislative scrutiny of the Bill. Can the Minister explain to the House why the Home Secretary is so reluctant to come to the Joint Committee to justify her admission that the Bill is not compatible with the ECHR?

[Robert Jenrick]

The Government believe that the Bill is compatible. We believe there are strong arguments, and of course there will be legal debate, but were any aspect of the Bill to be challenged, we look forward to defending it robustly. We take our treaty obligations—

[Joanna Cherry]

rose—

[Robert Jenrick]

I will not give way to the hon. and learned Lady a second time, if she does not mind. We have been very clear that we take our treaty obligations seriously. In respect of the ministerial discretion in the clause, the Home Secretary, or whichever Minister of the Crown exercised that discretion, would of course take those obligations seriously and judge the individual case.

[Sir Geoffrey Cox (Torridge and West Devon) (Con)]

Is my right hon. Friend not in effect asking the House to give legislative sanction to at least the possibility that a Minister of the Crown will deliberately disobey this country’s international law obligations? Is not that really the effect of what is being asked?

[Robert Jenrick]

No. As I have already said, we take our treaty obligations very seriously and the Minister who exercises this discretion would have to do so. This discretion would be exercised highly judiciously and would ultimately be judged on the facts and be very fact-dependent.

[Joanna Cherry]

rose—

[Sir Geoffrey Cox]

Will my right hon. Friend give way on that point?

[Robert Jenrick]

I am not going to give way to the hon. and learned Lady. I will give way one last time to my right hon. and learned Friend; then I must make some progress.

[Sir Geoffrey Cox]

A Minister always has the ability to ignore an indication under rule 39, because there is no obligation under the convention for the Government to heed one—it is an indication. Why, then, does it need legislation if what is not in fact being asked is that this House should approve, quite consciously and deliberately, a deliberate breach of our obligations under the convention? That is the truth. The Minister could ignore an indication and it would be a matter between states, but the provision invites this House to give legislative authority to the Minister who does that, if she chooses to ignore it. Is that not the position?

[Robert Jenrick]

My right hon. and learned Friend is correct in saying that rule 39 indications are just that, and that there are circumstances in which Ministers have chosen not to apply them—a small number of circumstances, but a number. The clause does not mandate a Minister to ignore rule 39 indications; it says clearly, to ensure that there is no doubt whatsoever, that the Minister has the discretion to do so. It gives a non-exhaustive list of reasons that they should consider, and in doing so they would clearly, as I have said on a number of occasions, take their treaty obligations very seriously.

Let me move on. As I have said, the Bill provides for two kinds of suspensive claims and sets out a fair but rigorous timetable for the submission of any claims, their determination by the Home Office, and any appeals. It is important that those who receive a removal notice should be able to receive appropriate legal advice to help them to navigate this process; accordingly, new clause 20 makes provision for legal aid. I trust that this new clause at least will be welcomed by the hon. Member for Glasgow Central, given that it covers similar ground to her new clause 18. The provision of legal aid will reduce the opportunities for challenges and speed up removals.

On serious harm suspensive claims, new clause 17 augments the existing provisions in clause 38, which enables regulations to be made about the meaning of serious and irreversible harm for the purposes of the Bill. We consider it important, and indeed helpful to the courts, to provide them with guidance as to what does or does not amount to serious and irreversible harm, albeit that ultimately the judgment will be for the upper tribunal, to be taken on a case-by-case basis. New clause 17 also makes it clear that the serious and irreversible harm must be “imminent and foreseeable”, which aligns the test in the Bill much more closely with Strasbourg practice.

Amendments 114 to 119 relate to foreign national offenders. In the Nationality and Borders Act 2022, we legislated to disapply certain modern slavery protections to FNOs who have been sentenced to a term of imprisonment of 12 months or more, and to certain other categories of persons who present a risk to public order. The amendments introduce a statutory presumption that the public order disqualification applies to FNOs who have been given an immediate custodial sentence of any length.

--- Later in debate ---

[Alison Thewliss]

Will the Minister give way?

[Robert Jenrick]

I will not give way; I will draw my remarks to a close.

I will not detain the House by detailing the other Government amendments, which I have summarised in a letter—

[Mrs May]

rose—

[Robert Jenrick]

If Members do not mind, I will give way to my right hon. Friend.

[Mrs May]

I am grateful to my right hon. Friend for giving way. I wonder whether he can comment on a matter that has been brought to my attention while he has been on his feet. Greater Manchester police has released the following urgent update about Programme Challenger, which is the programme the force operates for dealing with serious and organised crime:

“As a result of the Nationality and Borders Act 2022, changes came in to effect in February 2023 which have had an immediate impact on potential victims. This has seen positive first stage decisions drop from around 95% of all submissions to 18% of submissions between February 20th and March 31st. This means that 4 in 5 potential victims are not able to access immediate support from the national modern slavery and human trafficking victim care providers.”

Is my right hon. Friend as worried about that as I am? If he is not worried, is it because he feels that the 2022 Act is already having an impact? In which case, why does he need modern slavery provisions in this Bill?

[Robert Jenrick]

It is difficult for me to comment on remarks that are read out that I have had no sight of; frankly, my right hon. Friend would not have done so either when she was a Home Office Minister. She and I have a disagreement on the current impact of modern slavery on our system, but to me the evidence is very clear that unfortunately—this was never the intention of the framework that was created—there is significant abuse. We see that in particular in the number of individuals who are coming forward with modern slavery claims in the detained estate when we seek to remove them from the country. Such last-minute claims currently account for 70% of individuals. I am afraid that, among other evidence, that shows that we have a serious problem and we have to take action.

[Several hon. Members rose—]

[Robert Jenrick]

I am going to draw my remarks to a close now, because all Members want others to have an opportunity to speak.

[Stella Creasy]

rose—

[Robert Jenrick]

I am not giving way, because time is very limited.

I have summarised the other Government amendments, which are more detailed and technical in nature, in a letter to the hon. Member for Aberavon (Stephen Kinnock), and placed a copy of it in the Library of the House. I stand ready to address any particular points in my winding-up speech, if necessary. For now, I commend all the Government amendments to the House and look forward to the contributions of other Members. I will respond to as many of those as I can at the end of the debate.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

--- Later in debate ---

[Alison Thewliss]

The British Dental Association, the Royal College of Paediatrics and Child Health, and Unison’s experts disagree with the right hon. Member. These are professionals. [Interruption.] The Minister is laughing on the Front Bench and denigrating a trade union. Given the Government’s current position with respect to industrial disputes, I do not think that that is particularly wise of him. He might want to think about that.

I acknowledge Government amendments 134 and 136, but I am afraid I have real problems trusting the Government, because detaining children is wrong: that is the fundamental point here. The Government want to make regulations specifying the circumstances in which unaccompanied children should be detained, and further regulations on time limits. They do not have the courage to put those proposals into the Bill, and they know that we cannot amend statutory instruments should they deign to introduce them at some point in the future. We do not trust them to do the right thing here, because children are children, and it would be extremely harmful for them to be detained.

We tabled amendment 47 to try to humanise the Bill. Much has been said about hordes of people coming here and trying to claim asylum, but this, fundamentally, is about individual people, many of them fleeing circumstances that Conservative Members cannot even imagine. Accordingly, the amendment seeks to disapply the provision in clause 2 from people in a range of categories. The first, in subsection (a), covers

“a person who was under the age of 18 when they arrived in the UK”,

such as Shireen, whom I mentioned earlier, and many others like him.

Subsection (b) refers to a person from Afghanistan

“where there is a real risk of persecution or serious harm…if returned to that country”.

In Committee, I tried to personalise my amendments by putting a name to each of them. I could call this “Sabir’s amendment”, after Sabir Zazai, the chief executive of the Scottish Refugee Council. He came here as a child in the back of a lorry, but he would be prevented from so doing, criminalised and removed to Rwanda if the Government had their way. He makes an outstanding contribution to Scotland. He has two letters which he said he would put on the wall in his house. One is from the Home Office, saying, “You are a person liable to be detained and removed.” The second was sent on behalf of the royal family when he was awarded the OBE.

Subsection (c) specifies

“ a person who is a refugee under the Refugee Convention or in need of humanitarian protection”.

That would cover many people who are currently fleeing from Sudan. Earlier, the Minister failed to identify a proper “safe and legal” route—

[Robert Jenrick]

indicated dissent.

[Alison Thewliss]

No, the Minister did not do that. What he has done is push this on to those at the UNHCR, who say that it is not their job. They have also said that the tiny minority, the 1%, who manage to gain access to its relocation scheme are not suitable, in that there is not enough in that very small scheme to replace a functional asylum system.

My constituent Ilios is a British citizen whose wife and son are trapped in Sudan and are unable to obtain their documents because the British Embassy staff are out of the country, although they now have the right to travel. Will they be able to come to the UK safely through some other mechanism? Will it be possible for people who happen to be in Sudan with refugee travel documents, perhaps with family members visiting there, to be evacuated by the UK forces? The position remains unclear.

Subsection (d) refers to

“ a person…where there is a real risk of persecution or serious harm on grounds of sexual orientation if”

that person

“were to be removed in accordance with this section”.

I recently had a call with LGBT rights activists in Uganda, which is introducing brutal laws to persecute LGBT people, up to the point of the death penalty. People are terrified over there. They are talking about mob justice, and of families being at risk as a result of even knowing that their loved ones are LGBT. If they were able to escape Uganda and come here, there would be no means under the Bill to prevent the Government from sending them back rather than protecting them, so we seek to put that protection into the Bill.

Subsection (e) covers

“a person who, there are reasonable grounds to suspect, is a victim of torture”.

In Committee I mentioned Kolbassia, who founded Survivors Speak OUT. I talk to people in my constituency surgeries who have been victims of torture. They deserve protection; they do not deserve this Bill.

Subsection (f) refers to “a Ukraine citizen”. There is no Ivan or Oksara who needs to come here in a boat, because there is a safe and legal route: they can come here perfectly legally, without having to resort to that. We should be making that route available to more people.

--- Later in debate ---

This Government clearly do not understand that we need a focus, not on travel, but on the threat that people face, if we really want to tackle this problem. That is why safe and legal routes matter. The Minister can rumble on at the Dispatch Box, he can avoid questions, he can remove basic protections and decency standards so that we are waiting for refugees to live in Grenfell Tower perhaps, without smoke alarms, without—

[Robert Jenrick]

indicated dissent.

[Stella Creasy]

The Minister has not explained why he has put forward that statutory instrument. People will still come because it is still better than the death that they face in the country they are fleeing from. We see that with the Sudanese. The Minister said earlier that he would listen to the UNHCR when it came to taking Sudanese refugees; in that case, he needs to tell us how many he will take because right now, there are people facing that very same situation. There are no queues in a war zone.

--- Later in debate ---

[Robert Jenrick]

I thank and commend right hon. and hon. Members from all parties for what has been a measured and thoughtful debate over the course of this afternoon. The Bill before us is probably the most significant immigration Bill in my lifetime; for that reason, it is important that we get it right. Today’s debate has centred on a number of significant issues. I will not reprise all my earlier remarks, having spoken then for the best part of three quarters of an hour and taken many interventions, but I will touch on the five principal areas that were discussed by Members on both sides of the House and attempt to provide any further reassurance that is required.

The first significant issue was the removal of minors. As I said earlier, the Government’s approach in respect of children is one in which we take the interests of the child extremely seriously. These are morally complex issues, and I and all the Ministers involved in the Bill’s preparation have thought very carefully about how we can protect children, both at home and abroad, as we have produced the Bill and the scheme that underpins it.

I hope that the ways in which we will approach the removal of children are now clear, thanks to the work we have done with several right hon. and hon. Members, including in particular my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) and my right hon. Friend the Member for Chelmsford (Vicky Ford). We will seek to remove unaccompanied children only in exceptional circumstances. As we have now made clear, the two principal purposes are for family reunion and for a child’s safe return home to the loving care of social services in their home country.

We have taken the issue of the detention of children extremely seriously, because we do not want to detain children. We will do so only in the most exceptional circumstances. The circumstances that we have now clarified in the Bill and in the debate, again with the helpful guidance and support of right hon. and hon. Members, are for the purposes of initial processing when children and families arrive irregularly in the United Kingdom in small boats or via other forms of clandestine entry, and then for the limited and defined purposes of removal from the country that I mentioned a moment ago. We understand the desire of many Members for there to be carefully thought through and limited time limits on detention. I hope that the amendment we tabled and my remarks today give reassurance that we will bring forward that regime and that it will be as short as practically possible.

There is a significant exception to that rule, which is, of course, for those cases in which there is a serious age-assessment dispute. In such cases, the undoubted desire to limit the amount of time for which a child is ever detained by the state has to be balanced against the equally important safeguarding issue of young adults posing as minors—indeed, not all so young, as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) said earlier with regard to the recent allegation about a 42-year-old posing as a minor. We have to get the balance right so that young adults do not regularly pose as minors and create an enormous and very concerning safeguarding risk for our young people.

[Sir John Hayes]

I rise simply to say that the engagement we have had with my right hon. Friend and his Department throughout this process has been exemplary. It has been a model for how good scrutiny can improve legislation. I thank him and, in particular, the Home Secretary for the stand they have taken.

[Robert Jenrick]

I am grateful to my right hon. Friend and return the compliment. It is important that we in the Government listen to the expertise we have among Members from all parties. I hope Members will agree that that is the approach we are taking to these sensitive issues, of which age assessment is certainly one. I do not want to see a situation in which young adults are regularly coming into the UK illegally, posing as children, and ending up in our schools, in foster-care families and in unaccompanied-minor hotels, living cheek by jowl with genuine children. That is an evil that we have to stamp out, and the approach we are taking in the Bill will help us to do so.

The third issue that was the subject of debate and, again, a high degree of unity—certainly on the Government Benches, but perhaps more broadly—is the approach to safe and legal routes. We want to stop the boats; we also want to ensure that the United Kingdom continues to be one of the most respected countries in the world for the way in which we provide sanctuary to people who are genuinely in need. We are doing that already, as evidenced by the fact that since 2015, half a million people have come into our country legally on humanitarian grounds. We have safe and legal routes today, but I appreciate the views of a number of right hon. and hon. Members, including most notably my hon. Friend the Member for East Worthing and Shoreham.

That has led us to the agreement that we will rapidly bring forward the consultation with local authorities that grounds the desire of this House to be generous with the reality on the ground in our communities and councils. Within six months, we will bring forward the report that will result from that consultation, and as soon as possible over the course of next year, we will set up or expand the existing safe and legal routes so that the UK can be an even greater force for good in the world. [Interruption.] The hon. Member for Glasgow Central (Alison Thewliss) laughs at that—of course, Scotland could step up to the plate as well. Since she tempts me, I will just say that her and her colleagues asked for an extension to today’s debate, but as far as I am aware, only two spoke in it. Fewer SNP Members spoke in the debate than could fit into Nicola Sturgeon’s battle bus.

[Alison Thewliss]

Is the Minister aware of the fact that other SNP Members had put their names in for this debate because it was originally scheduled for Tuesday, but the Government changed the timing at the last minute?

[Robert Jenrick]

I find that rather unconvincing, given that so many were able to turn up earlier. It does rather reinforce the point that the Scottish National party’s approach to these issues is entirely performative: they talk the talk, but they do not act. On this occasion, we did not even get the talk.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

Will the Minister give way?

[Robert Jenrick]

I will not give way to the hon. Lady.

The fourth serious issue that was raised, principally by my right hon. Friends the Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Maidenhead (Mrs May), was about our mutual desire for the good work they did in office to establish our world-leading modern slavery framework to live on, to continue supporting genuine victims—in particular, those victims of modern slavery who have been in the United Kingdom for a sustained period of time and who have been the subject of exploitation here, rather than in the course of their passage, whether in a small boat or otherwise. While it is clear that we will not be able to settle the matter today, I hope that my right hon. Friends —as they kindly said in their remarks that they would—will work with the Government throughout the continued passage of the Bill to ensure we get the balance right.

[Sir Chris Bryant]

Will the Minister give way?

[Robert Jenrick]

I will give way to the right hon. Gentleman—sorry, he corrected me earlier: the hon. Gentleman.

[Sir Chris Bryant]

My intervention is very brief: can I just suggest that the Minister does not move amendment 95? I do not think the House is in favour of it, and it will end up being removed in the House of Lords. It would satisfy both the right hon. Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Maidenhead (Mrs May)—who are nodding behind him—if he just did not move it.

[Robert Jenrick]

I am not going to do that, but I thank the hon. Gentleman for the advice. The amendment to which he refers enables the Government to ensure that those individuals who are the subject of a police investigation, or are participating in a police investigation with the aim of bringing their traffickers to justice, can have that investigation conducted in the United Kingdom, or—if it is safe to do so—can have their contribution to that investigation conducted while in a safe third country, such as Rwanda.

[Mrs May]

My right hon. Friend has been generous in giving way, and I must apologise to the Home Secretary, because I think I referred to the Immigration Minister as Secretary of State earlier in the debate.

Amendment 95 does not say that people who are participating in an investigation can be here in the UK and enabled to continue to take part in that investigation and provide evidence; what it says is that the assumption must be that they will be removed from the UK, and it is only if the Secretary of State reads her own guidance on compelling circumstances that she will enable them to stay in the UK. The amendment reverses the original subsection (5) of clause 21. It goes back on what the Government originally said they were trying to do.

--- Later in debate ---

[Robert Jenrick]

My right hon. Friend does not, I think, agree that Rwanda is a safe place for those who are victims of modern slavery to be supported. The critical point here is that of course we want to support those individuals, and we have no intention of removing them, whether home to their own country or to a safe third country, unless that is a place where there are sufficient safeguards to ensure that they are protected. That is the nature of the agreement we have struck with Albania and the one we have struck with Rwanda, which was upheld by the High Court and we hope will be upheld by the Court of Appeal. It is natural, therefore, that in many cases individuals can go to those countries and participate in any law enforcement activity from there.

[Yasmin Qureshi]

rose—

[Robert Jenrick]

I will not give way to the hon. Lady, but I thank her for her suggestions.

The last issue that was the subject of debate centred around the questions raised by my hon. Friends the Members for Stone (Sir William Cash) and for Devizes (Danny Kruger) and others about how we strengthen the Bill, particularly regarding the interim measures. I will say again, as I said in answer to the former Attorney General, my right hon. and learned Friend the Member for Torridge and West Devon (Sir Geoffrey Cox) that this ministerial discretion will be exercised judiciously and in accordance with our treaty obligations. We take international law and our treaty obligations extremely seriously.

I will not dwell on the Labour amendments today because, as in Committee and on Second Reading, Labour offers no credible policy to stop the boats. The truth is that tweaks to our system will not suffice. In an age of mass migration, only a significantly more robust approach can end the injustice of illegal migration. The totality of Labour’s policy on illegal migration is to accept more people into our country and as quickly as possible. That is weak, and it is also frankly dangerous. We have yet again seen today that Labour is decades behind when it comes to illegal migration. It is 20 years behind the views of the British public and 20 years out of date with its policy proposals. That perhaps comes as no surprise when the shadow Home Office team is being led by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), whose own colleagues say should have left politics 20 years ago. One briefed the papers that

“she knows where the door is”.

Given Labour’s record on immigration, we can assume it is an open door.

While Labour Members are fighting each other, the Conservative party tonight has been united. We are united in fighting the people-smuggling gangs. Only the Conservatives are taking the tough but necessary action to stop the boats, because it is only this party that is ultimately on the side of the British public. As my right hon. Friend the Member for South Holland and The Deepings said, from Worthing to Walthamstow, the British people want to stop the boats. The only way to stop the boats is to sever once and for all the link between crossing the channel illegally and being able to live and work in the United Kingdom. That, at its heart, is what this Bill does. Nothing else will cut it; we have tried it all before. The British people demand that we stop the boats, and only the Conservative party will do so.

Illegal Migration Bill

Robert Jenrick Excerpts

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

1.37 pm

[The Minister for Immigration (Robert Jenrick)]

I beg to move, That this House disagrees with Lords amendment 1.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Lords amendments 2, 6 to 9, 12, 20 and 22, Government motions to disagree and Government amendments (a) to (o) in lieu of Lords amendments 2, 12, 20 and 22.

Lords amendments 23 and 30, and Government motions to disagree.

Lords amendments 31 to 36, Government motions to disagree and Government amendments (a) and (b) in lieu of Lords amendments 31, 35 and 36.

Lords amendments 37 and 38, Government motions to disagree and Government amendments (a) to (e) in lieu of Lords amendments 37 and 38.

Lords amendments 39 to 67, and Government motions to disagree.

Lords amendments 73 and 74, Government motions to disagree and Government amendment (a) in lieu of Lords amendments 73 and 74.

Lords amendment 90, Government motion to disagree and Government amendments (a) to (c) to the words so restored to the Bill.

Lords amendment 93, and Government motion to disagree.

Lords amendment 95, Government motion to disagree and Government amendments (a) and (b) in lieu.

Lords amendments 102 to 104 and 107, and Government motions to disagree.

Lords amendments 3 to 5, 10, 11, 13 to 19, 21, 24 to 29, 68 to 72, 75 to 89, 91, 92, 94, 96 to 101, 105, 106 and 108 to 114.

[Robert Jenrick]

This Bill is vital to stopping the boats and preventing the dangerous, illegal and unnecessary journeys across the channel. The Bill as passed by this House made it unambiguously clear to illegal migrants and people smugglers alike that, if they come to this country by unlawful means, they will not be able to stay. Instead, they will be detained and swiftly removed either to their home country or to a safe third country.

The Government brought forward a number of amendments in the Lords to enhance the Bill. These are largely of a technical nature, so I will not detain the House by setting these out now. Instead, I will confine my remarks to the non-Government amendments passed by the other place. I am grateful to the House of Lords for undertaking its proper role as a revising Chamber. Some of the changes made by the other place are, however, little short of wrecking amendments, and are not ones that the Government can support. There are a few honourable exceptions and I will deal with those first.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

As the Minister says, most of the amendments we are going to be debating and voting on later are wrecking amendments. Does he agree that none of these amendments addresses the fundamental need to address the actual incentives for people to cross the channel? That is what the Bill does and these amendments take that away.

[Robert Jenrick]

My hon. Friend is absolutely right. I would direct Members to the speech made in the other place by Lord Clarke. He said, very powerfully, that, as a former Home Secretary and long-standing Member of this House, and as someone who is interested in and knowledgeable about this issue, he sat through many hours of debate and did not hear, from any of the critics of the Bill, a single credible alternative to the Government’s approach. If hon. Members follow that logic, they need to get behind the Government and support them in delivering this approach.

Another point that Lord Clarke made, which I agree with, was that, if we fail to tackle this issue—if we dismiss the concerns of members of the public—we will see very serious consequences in the years ahead, with a fragmentation of community cohesion and a weakening of the successful multi-ethnic democracy that all of us, on both sides of the House, are proud of and want to see sustained for future generations.

[Dawn Butler (Brent Central) (Lab)]

The Minister says that the other place put forward wrecking amendments, but is it not true that the other place proposed amendments that ensure that we honour treaties, respect our judiciary and ensure that the Home Office is acting within the law?

[Robert Jenrick]

I do not agree with that. There are a few important exceptions, which I will come on to. I hope that, in my remarks and in answering any questions, I will reassure the hon. Lady that, on the points of substance made by those who want to see the Bill proceed and the issue tackled, the Government are making the right changes to the Bill.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister says that no one has proposed a credible alternative, but four Lords amendments do. Lords amendment 102 proposes a

“Duty to establish safe and legal routes”.

Lords amendment 103 would amend the Crime and Courts Act 2013 to confer on the National Crime Agency specific functions to tackle cross-channel organised crime. And under Lords amendments 104 and 107, the Government would set up a 10-year strategy on refugees and human trafficking, working with foreign Governments. Do those four amendments not constitute a credible alternative?

[Robert Jenrick]

As it happens, I will come to each of those points later in my speech, if the hon. and learned Lady does not mind, but in each case, we are already doing what she asks us to do. The Bill has a specific provision in respect of safe and legal routes and, when we had this debate in this House previously, we agreed further to set out the details of that. As for the National Crime Agency, its officers who work on organised immigration crime—I met them in recent weeks in Belgium, France, Italy, Tunisia and Libya—would be very surprised to hear that the agency does not have the authority to act on organised immigration crime because those in some cases very brave men and women are doing that work every single day on our behalf already.

[Several hon. Members rose—]

[Robert Jenrick]

Let me make a small amount of progress and then I will give way to the hon. Member for Oldham East and Saddleworth (Debbie Abrahams).

I turn to the first issue of substance, which is Lords amendment 2. That would provide that the duty to make arrangements for removal applied to persons who entered illegally from the date of commencement of clause 2, rather than on or after 7 March 2023, as originally provided for in the Bill.

We acknowledge the position advanced by some in the other place and in this House about the retrospective effect of the Bill, but these Lords amendments go too far in resetting the clock. The closer we get to commencement of the Bill, the greater the risk that organised criminals and people smugglers will seek to exploit that, and we will see an increase in crossings as the deadline looms, which would only put more people at risk.

To guard against that, we have brought forward amendments in lieu to move the application of the duty from 7 March to the date of Royal Assent. The date of 7 March, however, would continue to apply for the purpose of the Secretary of State’s power to provide accommodation for unaccompanied children and for the purposes of the bans on re-entry, settlement and citizenship. That Government amendment in lieu has a particular advantage with respect to the concerns about modern slavery expressed by my right hon. Friends the Members for Maidenhead (Mrs May) and for Chingford and Woodford Green (Sir Iain Duncan Smith), but I will come to that in a moment.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Can the Minister tell me how many Afghan women have been able to avail themselves of the Afghan citizens resettlement scheme phase 3 programme? That is the Government’s position on a safe and legal route. As we have understood from various Westminster Hall debates, we are looking at a handful in phase 3. Everything else refers to what has happened in 2021. I also draw his attention to the recent horrific drownings off Greece. This included a number of Afghan nationals and people from Pakistan-administered Kashmir. What really is the point of these ineffective, supposed safe routes?

[Robert Jenrick]

The hon. Lady and I share the same objective: to ensure that the schemes that the Government have established are operationalised as quickly as possible, so that people who are eligible—perhaps including the women she is in contact with—can come to the United Kingdom, settle here and find sanctuary. It is incredibly important that the UK is a beacon in the world for resettlement schemes. We have already supported more than 20,000 people under the Afghan relocations and assistance policy and the ACRS to come to the United Kingdom. I appreciate her point that the numbers in recent months have been lower than she or we would like. One reason is that there is so little capacity in the UK today to properly house individuals, and one explanation for that is that the sheer number of individuals entering the country illegally on small boats has placed an intolerable pressure on our social housing and the contingency accommodation that we have available. If we are to bring further individuals to the UK—as we want to do and are continuing to do—they risk being housed in hotels, which is an unacceptable way to house vulnerable people and, in particular, families.

[Debbie Abrahams]

The Minister is being generous with his time. We in the all-party parliamentary group on Afghan women and girls have hundreds of civilians who would like a “homes for Afghans” scheme. These people are waiting and have already volunteered. This scheme is ready and it is equivalent to the Homes for Ukraine scheme, so I urge the Government to take us up on it and make sure that the supposed safe routes are actual safe routes.

[Robert Jenrick]

I strongly endorse the hon. Lady’s comments. The Homes for Ukraine scheme has been superb and we should all be proud of it—I took part in it at one point. If it is possible to create a comparable scheme for Afghans, we should consider that. I know that the Secretary of State for Levelling Up, Housing and Communities, who has responsibility for that issue, is considering it.

On the broader point about resettlement, the UK has a strong record in this regard. Of course, we would all like to go further, but since 2015 we have welcomed 550,000 people to this country on humanitarian grounds, mostly on resettlement schemes. We are one of the world’s leading countries for such schemes.

[Sir William Cash (Stone) (Con)]

While we are on the question of dates, does the Minister have any idea when the Supreme Court may consider and conclude its judgment? That is relevant not only to the question of the Bill’s progress, but to the question of the Parliament Act, in case that were to be needed.

[Robert Jenrick]

It is for the Court to determine, in the first instance, whether it intends to take up the appeal and at what time it will be heard. I can only point my hon. Friend to the final paragraph in the summary judgment from the Court of Appeal, which expressed the view of the three judges that this is a matter of great urgency and that it needs to be handled expeditiously. I hope that the Supreme Court, if it chooses to hear our appeal, does so swiftly, but that is a matter for the Supreme Court.

[Gavin Robinson (Belfast East) (DUP)]

Will the Minister give way?

[Robert Jenrick]

I will, and then I should make some progress.

[Gavin Robinson]

The Minister will know that, from his perspective, I had a difficult approach to the Bill on Second Reading. When he embarked on addressing Lords amendment 2, he said he would now address the first Lords amendment of substance, yet Lords amendment 1 deals with our international obligations. We had the curious start to this Bill that it could not have a full declaration on the front of it about compatibility with some of those international obligations. Perhaps it was just a turn of phrase, but it would be incredibly helpful if the Minister not only addressed Lords amendment 1 and the Government’s approach to international legal obligations but outlined exactly what is contained within Lords amendment 1 that the Government take issue with.

[Robert Jenrick]

I will come back to that issue later in my remarks, but let me be clear, if further reassurance is required, that the Government take our international law obligations extremely seriously. We believe that all the matters outlined in the Bill are within our international legal obligations, and should the Bill or any aspect of it be legally challenged, we will contest that vigorously to defend the position we have set out.

I point the hon. Gentleman to one important element of the recent judgment in the Court of Appeal, which was on this question: if a state such as the United Kingdom used another state and entered into a partnership, such as we have with Rwanda, for the purposes of asylum, would that be compatible with the refugee convention? I point out that all three judges agreed that that was compatible with the refugee convention. On arguably the central international law issue at stake, the Court of Appeal was clear that the Government’s approach is compatible with international law.

[Andy McDonald (Middlesbrough) (Lab)]

The Minister has made that commitment about the refugee convention, but Lords amendment 1 says that the Bill should be read so as not to conflict with the European convention on human rights, the refugee convention and the conventions on statelessness, the rights of the child and anti-trafficking. Why are the Government so opposed to that clarification and that clear statement on the face of the Bill, if we are the beacon and an adherent to international obligations and law?

[Robert Jenrick]

It is not normal practice to state that on the face of the Bill. It goes without saying that the Government obey our international obligations, as we do with all pieces of legislation.

[Joanna Cherry]

Will the Minister give way?

[Robert Jenrick]

I will make some progress, because I appreciate that this is a relatively short debate. If the hon. and learned Lady does not mind, there are other questions I need to address.

Detention has attracted a great deal of interest from Members from all parts of the House, as indeed it did in the other place. Detention is a necessary part of the scheme provided for in the Bill. The duty on the Home Secretary to make arrangements for removal is accompanied by strong detention powers. We know from experience that once a person is released from detention, the prospects of being able to effect removal are significantly reduced, because they typically abscond. That is why the Bill restricts, but does not exclude, judicial challenges within the first 28 days of detention. That is so that illegal migrants can be processed and removed, rather than simply absconding on arrival. The powers cover family groups the same as others, so as to not provide a perverse incentive for people smugglers and migrants to co-opt unaccompanied children into bogus family groups to avoid detention, putting children at risk in the process.

Lords amendments 31 and 35 to 38 seek to restore the existing 24-hour limit on the detention of unaccompanied children and the 72-hour limit on the detention of pregnant women. I recognise that there are particular sensitivities around the detention of those cohorts, and we debated those at some length in earlier proceedings in this House. Recognising the health concerns around the detention of pregnant women and the particular vulnerability of unaccompanied children, we have brought forward amendments in lieu that maintain the existing 72-hour limit, extendable up to a week with ministerial authorisation, on the detention of pregnant women, and that enable the first-tier tribunal to consider granting immigration bail after eight days for unaccompanied children, rather than the 28 days provided for in the Bill. A number of Members of this House spoke out on the issue of pregnant women, but I pay particular tribute to my noble Friend Baroness Sugg for campaigning in the other place.

[Mrs Natalie Elphicke (Dover) (Con)]

My right hon. Friend knows at first hand the impact this issue has on Dover and Kent—on our schools and other important local services. Given the proposed continuation of special measures for unaccompanied young people and now pregnant women, will he confirm that he will meet me and Kent colleagues to discuss the impact of these proposals, particularly bearing in mind the poor state of our local maternity services and the incredible pressure already being placed on our communities?

[Robert Jenrick]

I would be pleased to meet my hon. Friend, as I have in the past. She knows that I have met local authority leaders in Kent on a number of occasions. I want to do everything I can to support them. Historically, they have borne a high burden as a result of their location adjacent to the points of entry, and that has placed some public services in Kent under a great deal of pressure. In the past 12 months, we have created the national scheme to ensure that unaccompanied children are moved across the country and that all local authorities play an equitable part in supporting them. We have also provided substantial financial incentives to local authorities to help them play their fair part.

I appreciate that nothing is ever as simple as that. Developing further capacity with local authority children’s homes or foster carers takes time, but I hope that the measures we have put in place will make a noticeable difference. Prior to the recent seasonal increase in individuals crossing the channel, we had successfully managed to clear all the UASC—unaccompanied asylum-seeking children—hotels that the Home Office had utilised, and I hope we can keep reliance upon them to an absolute minimum this summer and autumn.

In the case of unaccompanied children, the change I have just described will apply where an unaccompanied child is detained for the purpose of removal, and it aligns with the eight-day period for making a suspensive claim. That approach will ensure that we can continue to detain a person whom we suspect to be an adult, but who claims to be a child, pending the outcome of an age assessment.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is important for the Chamber to note that this is not really a concession; it is not even a time limit on the detention of children. It is the ability to apply for bail, as I understand it, after eight days. The person has to be aware of their rights and have access to the ability to challenge detention. It also applies only to a small cohort of children; the vast majority of children detained under the Bill will not have access to this process at all.

[Robert Jenrick]

Respectfully, the hon. Gentleman has misunderstood what we are proposing. If a child who is a genuine child and not subject to age assessment arrives unaccompanied in the United Kingdom, they will be swiftly processed. They will then be sent out into the local authority care system as quickly as possible, until they turn 18. We will seek to remove unaccompanied children in two circumstances, as I set out when we last debated this in the House. The first is where we, the Home Office, manage to reunite them with parents in other countries, as we do in a small number of cases today. The second is where we, the Home Office, manage to return them to their home country, which is a safe country, and in most cases into the care of social services immediately upon arrival. Again, that happens already in a small number of cases. There is no intention to change present practice. We are taking the power to detain, if required, a young person in that situation for up to eight days, housed in age-appropriate accommodation to enable us to make that removal effective.

[Vicky Ford (Chelmsford) (Con)]

rose—

[Sir John Hayes (South Holland and The Deepings) (Con)]

rose—

[Robert Jenrick]

If I may, I will give way in the first instance to my right hon. Friend the Member for Chelmsford.

[Vicky Ford]

I am listening closely to what my right hon. Friend is saying, and I am thinking in particular about arrivals as well as leavers. Can he confirm that children who are clearly children will be placed in child-appropriate accommodation? Will all those who may or may not be children have appropriate safeguarding? If that is the case, when will we see that in writing?

[Robert Jenrick]

I am grateful for my right hon. Friend’s interest in the Bill. She and I come at this with exactly the same concern: to protect unaccompanied children. Any genuine child who comes into the United Kingdom will be swiftly taken into the local authority care system, which she is familiar with thanks to her former work as children’s Minister. To the extent that that child is in the detained estate, they will be housed only in age-appropriate accommodation.

[Vicky Ford]

rose—

[Robert Jenrick]

I will set out in a moment how that age-appropriate accommodation is determined in law today. I give way to my right hon. Friend one more time.

[Vicky Ford]

To dig deeper into that, the Minister has suggested that a child may be detained on arrival, which is not currently the case, but that if that happened, that would be in child-appropriate accommodation.

[Robert Jenrick]

That is correct. The law today is that a child can be detained for eight days for the purpose of examination—that is not routinely done by the Home Office. Today, a child is detained for 24 hours or less and, whether for 24 hours or, if the Home Office chose to make use of the power, for eight days, they are detained only in age-appropriate accommodation. It would be unlawful to house an under-18 in accommodation that did not meet the standard set out in law. I will come on in a moment to describe that standard.

[Sir John Hayes]

I am immensely grateful to my right hon. Friend for all the work he has done on the Bill and these amendments. He will understand that the matters he is discussing bring age verification into sharp focus. As he knows, I tabled an amendment on that, which the Government ultimately re-presented as an amendment of their own. Will he confirm that age verification measures will be obligatory and comprehensive so that we do not any longer get the nonsense of people pretending to be children in order to game the system?

[Robert Jenrick]

My right hon. Friend is right. We take age assessment extremely seriously. As he knows, there are some young adults and individuals who abuse the system. Indeed, some are not so young—as I understand it, the oldest individual we have encountered who posed as a child was subsequently found to be 41 years of age. That is wrong as a matter of principle, and it is also a serious safeguarding risk to genuine children and all the caring people who are involved in supporting them, whether they be foster carers, teachers or members of the general public. We therefore have to take the issue seriously. That is why the Bill retains the power to detain an individual who is subject to age assessment for up to 28 days. During that period, the Home Office or local authorities would conduct age assessment. Today, that is done through the Merton system, which is proving to take longer than we would like, but which we want to be conducted within 28 days.

We are now taking advantage of the powers taken through the Nationality and Borders Act 2022 to begin to roll out scientific forms of age assessment. That will happen over the course of this year. Initially, it will happen concurrently with the Merton assessment. We want to ensure that that system is demonstrated to be robust and as swift as possible. I hope that hon. Members on both sides of the House will unite in common agreement that it is important that we weed out cases of abuse, because they pose such a risk. I am afraid that we have seen some very tragic instances such as the murder that occurred in Bournemouth at the behest of somebody who had posed as a child. The state has to do everything in its power to prevent that from happening again.

[Stuart C. McDonald]

Will the Minister give way?

[Robert Jenrick]

If I may make some more progress, I will happily come to the hon. Gentleman later. I want to conclude the point that I was making to my right hon. Friend the Member for Chelmsford (Vicky Ford) on the detention periods and standard of accommodation, because that is important. I assure her, and indeed my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who has also taken an interest in the issue, that we will seek to detain unaccompanied children for the shortest possible period. Where there is no dispute that someone is under 18, they will be transferred to the local authority accommodation estate as quickly as possible. Where there is doubt about whether a person is indeed under 18 as they claim to be, they will be treated as a child while an age assessment is undertaken. Such a person will be detained in age-appropriate accommodation, as the law already provides. That is set out in the Detention Centre Rules 2001 made under section 153 of the Immigration and Asylum Act 1999. Rule 11 provides that:

“Detained persons aged under 18 and families will be provided with accommodation suitable to their needs.”

If no such accommodation is available, they will not be detained and instead will be transferred to a local authority as soon as possible. I hope that provides my right hon. Friend with the assurance she seeks.

[Tim Loughton (East Worthing and Shoreham) (Con)]

The Minister quoted the Detention Centre Rules 2001, which are of course 22 years old. Rule 11 says:

“Detained persons aged under 18 and families will be provided with accommodation suitable to their needs.”

Although there is a checklist of about 65 things, virtually all of them are about fabric, freedom to practise religion and access to personal hygiene. Which of the rules contains support services that are relevant and age-appropriate to children?

[Robert Jenrick]

The rules are related to 2001, as my hon. Friend says, but as I understand it they have been updated since then. They have also been tested on a number of occasions in the courts, and the Home Office takes seriously its responsibility to live up to them. It would be unlawful if we were to accommodate an under-18 inappropriately. If I may, I will read out the other limbs of rule 11, entitled “Families and minors”. They are, first:

“Detained family members shall be entitled to enjoy family life at the detention centre save to the extent necessary in the interests of security and safety.

Secondly:

“Detained persons aged under 18 and families will be provided with accommodation suitable to their needs.”

Thirdly:

“Everything reasonably necessary for detained persons’ protection, safety and well-being and the maintenance and care of infants and children shall be provided.”

That, I think, is a comprehensive set of principles. It is one that has stood the test of time over the last 22 years. If it needed to be strengthened, of course we will do so, but I hope that my hon. Friend will take my strong assurance from the Dispatch Box that that is the standard of accommodation in which we intend to house anyone who is a minor. If that accommodation were not available, we would not house those individuals in detained accommodation at all.

[Tim Loughton]

Will the Minister give way again?

[Robert Jenrick]

I will give way one last time.

[Tim Loughton]

The Minister is being generous. I will elaborate on this point if I am lucky enough to catch your eye, Mr Deputy Speaker. Where in those 65 rules are relevant child-appropriate support services such as social workers, child psychologists and others that would be necessary mentioned? Nothing that he has described guarantees that children will be in age-appropriate accommodation that has age-appropriate care. That is the point.

--- Later in debate ---

[Robert Jenrick]

I am happy to write to my hon. Friend detailing all the support that would be available. The point that I am making is that this is the existing law, and it has existed for more than 20 years. Nothing in the Bill changes that framework. The Home Office will rely on the existing framework that has been in place throughout the years, including when he was the children’s Minister, and it was considered satisfactory throughout that period.

[Paul Bristow (Peterborough) (Con)]

I congratulate the Minister on everything he is doing on this issue, especially in relation to unaccompanied minors. Is he convinced that everything he is doing will not create a perverse incentive for evil people smugglers to push unaccompanied minors on to boats to cross the English channel? Of course, once they are here, they can bring over their family and so on. Is he convinced that we will do everything we can to stop that perverse incentive?

[Robert Jenrick]

The changes that we are proposing in the Government amendments in lieu strike the right balance, whereby we preserve the intention of the scheme that lies at the heart of the Bill but provide some further protections for minors. My hon. Friend is right to make the broader point that more substantial changes to the Bill, such as those envisaged by some Members of the other place, would undermine its very purpose.

In considering each and every one of the Lords amendments, we must ensure that we do not drive a coach and horses through the core deterrent effect that we are trying to achieve. Why do we want that deterrent effect? Because we do not want anyone, whether an adult or a child, crossing the channel in small boats, placing themselves in danger and being under the support and control of people smugglers and human traffickers. We must keep in mind the original purpose of the Bill, and ensure that we do not do anything to undermine that.

[Hilary Benn (Leeds Central) (Lab)]

On age-appropriate accommodation and family life, could the Minister explain why he felt that the murals on the wall at the Kent intake unit damaged the deterrent effect of which he has just spoken? In that context, if parents are to continue to have family life with their children for the time that they are detained, will there be any chance of them having access to picture books to enable them to read to their children?

[Robert Jenrick]

I do not know whether the right hon. Member has been to any of the facilities, but we provide very high-quality facilities for families and children upon immediate arrival in the UK. I have made it a particular focus to ensure that we support those individuals appropriately, ensuring that conditions in those places are decent and compassionate at all times. The cohort of unaccompanied children who passed through the location that he describes last year was largely teenagers. We did not feel that the site was age-appropriate, but it contains a range of support for children and infants, including all the things that he has described. Nothing about the decoration of sites changes the fundamentals: if someone comes to the United Kingdom, we will treat them with decency and compassion at all times.

[John McDonnell (Hayes and Harlington) (Lab)]

I want the Minister to be explicit about the type of detention centre that we are talking about. For example, will children, whether unaccompanied or with their parents, be detained in detention centres such as Harmondsworth and Colnbrook? We agreed on a cross-party basis that they should never again be detained in those centres.

[Robert Jenrick]

The right hon. Gentleman is particularly knowledgeable on this issue, because he represents immigration removal centres. It is not the Government’s intention that families or minors will be housed in those settings. Minors and families will be housed in age-appropriate accommodation, which is entirely separate and different in nature from the immigration removal centres that he represents. There are facilities such as those today, though not a large number of them. As part of the operationalisation of the Bill, we will need to invest in further facilities and ensure that they meet the standards set out in the detention rules as I have just described. I hope that gives him some reassurance.

[Vicky Ford]

rose—

[Robert Jenrick]

I will give way, but then I really must make progress, or else other Members will not have an opportunity to speak.

[Vicky Ford]

I thank my right hon. Friend. There is a huge amount of concern about how the Bill will be implemented. We thought that hotels would be only temporary, yet they seem to have carried on. The Minister has said that when a child comes in, they will be moved into local authority care as soon as possible. Under the Bill, what is the maximum amount of time that a child could wait before they are in that local authority care?

[Robert Jenrick]

The position today is that a child arrives in the United Kingdom and is immediately processed in an age-appropriate setting. We then seek to place them with local authorities. Only if local authority care is not immediately available do we deploy the Home Office UASC hotels. There have been incidences, such as last year, when young people were waiting in those hotels for a period of days. That is not our intention. The only limiting factor is the availability of local authority care to support them. If more local authorities were able to come forward—as I said, that is not simple because they have their own capacity constraints—we would not use those hotels at all. It is not our intention to detain minors for a long period for examination. We want them to flow straight out into local authority care, as is the right thing to do.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Minister is being pressed on the nature of accommodation or detention that children and young people will be held in. The spirit behind the Minister’s intention matters. Therefore, will he tell us if is it true that he gave orders to the asylum reception centre to paint over children’s cartoons? If so, why? Nobody believes that Mickey Mouse cartoons encourage or deter boats from arriving; they simply think that the Minister is not showing common decency towards vulnerable children.

[Robert Jenrick]

I have been clear in answer to the right hon. Member for Leeds Central (Hilary Benn) that we provide very high quality care at all the centres in which we support unaccompanied children. We did not think that the set-up in that particular unit was age-appropriate, because the majority of the individuals who passed through it unaccompanied last year were teenagers. That does not change the fundamentals that we support with decency and compassion anyone who comes to this country.

The right hon. Lady is missing the point: this Bill seeks to reduce the number of unaccompanied minors coming to the United Kingdom, precisely because we want to protect them and ensure that they are not victims of people smugglers and human traffickers. I take at face value her support for those individuals, but if she wanted to reduce that trade, she would support the Bill or come forward with a credible alternative. She has not done so. Her compassion is, to a degree, performative, because she does not come forward with alternatives that would genuinely support individuals.

Let me move on to modern slavery. The provisions in the Bill relating to that have been of particular concern to my right hon. Friends the Members for Maidenhead and for Chingford and Woodford Green. I welcome the opportunity in recent days to discuss with them the Lords amendments on this issue. It remains our view that there are clear opportunities to misuse modern slavery protections, and it is therefore essential that we take steps in the Bill to prevent misuse. The national referral mechanism rate for people arriving in the UK on small boats and being detained for return has risen from 6% for detentions ending in 2019 to 73% in 2021. The referral rate has since fallen slightly to 65% for detentions ending between January and September. The 33% increase in NRM referrals from 2021 to 2022 has put the NRM under serious strain, which is only getting worse as the trends increase in one direction. There is significant and increasing pressure on public services, which is why we want to take action.

[Mrs Theresa May (Maidenhead) (Con)]

I am grateful to my right hon. Friend for the discussions we have had recently. He knows that I have a problem with the statistics: he has, yet again, quoted the statistics that the Minister in the other place quoted as well, which imply that the percentage of people coming on small boats and claiming modern slavery has risen from 6% to 73%. It did not. He is talking about people who are subsequently detained for removal. Will he now confirm that the average percentage of people coming on small boats and claiming modern slavery has not changed over the last three years, and is around 7%?

[Robert Jenrick]

I think that my right hon. Friend and I agree that the point at which individuals misuse the NRM is the point at which the state tries to remove them from the country. Our concern is that there is a significant increase in the number of people misusing the NRM—and the good work that my right hon. Friend has done on this issue—to bring about a spurious, frivolous, last-minute way of frustrating their removal from the country. So the statistics I referred to are the most relevant statistics, because that is the point at which individuals are in the detained estate for the purpose of removal. Their removal from the United Kingdom is imminent and we are seeing a very high proportion of them using the NRM to try to delay that removal. Delay, as she knows from her great experience, is particularly relevant, because once someone has delayed their removal, they are liable to be bailed and to go back out into the community. Some will be very difficult to bring back into the detained estate, or may abscond and never be seen again. Even under the current system, that makes it extremely difficult to remove people.

Under the scheme envisaged by the Bill, we will seek to remove many of those people to a safer country such as Rwanda, while today we predominantly remove people back home to their own countries, such as Albania and Romania, so the incentive to misuse the NRM will be significantly higher. It is reasonable to assume that a very large number of individuals will make use of that as a route to frustrate the scheme. As I said earlier, that risks driving a coach and horses through the purpose of the Bill, which is a swift and speedy form of removal to act as a deterrent to prevent people making the crossing in the first place.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

There are two elements here. First, the whole system can be massively speeded up, which is a fact of the NRM, straightaway. That was an obligation I was meant to have been given in the previous Bill, but it was never brought into the guidance. But the main point here is that nothing that happens outside the UK can be evidenced on this particular point. We are talking about the Minister’s fear that people are departing to within the UK and then subsequently making a claim. The real problem with the Bill right now—he knows I have concerns about this—is that much of the prosecution process against the traffickers can take place only because of the evidence given by those who have been trafficked. On Report, the presumption in the Bill suddenly changed dramatically—it was done without any notice. There is now a presumption that they do not need to be here at all, other than if there is some evidence that somehow they do, whereas before it was that in order to get that evidence, they do need to be here. Why are we knocking out the amendment, rather than amending it and specifying which categories are exempt? He runs the risk of people not giving evidence and not co-operating with the police, and us not getting prosecutions. If they are going to be cleared out of the UK while giving evidence—this is the point—the reality is that they will stop doing so, because they will be in danger of being picked up by the traffickers again outside the UK. Will he therefore rethink this and put something on the face of the Bill to define those who are exempt?

[Robert Jenrick]

First, I am grateful to my right hon. Friend and to my right hon. Friend the Member for Maidenhead for their advice and wise counsel. We have sought to make changes and to listen to their point of view. That is why we brought forward two significant changes. One, as I have outlined, with respect to retrospection, means that the cohort of individuals who entered the United Kingdom from 7 March to Royal Assent who have not been in the detained estate and are then, if you like, in the community at large—in many cases they are living in supported accommodation and in some cases are liable to exploitation by human traffickers and other criminals—will now not be included in the full extent of the Bill’s provisions and so can be supported in the ways that my right hon. Friend the Member for Chingford and Woodgreen wishes. That has significantly reduced the pool of individuals he has concerns about. We are also—I will come on to this in a moment—committing to bringing forward statutory guidance, which I hope will provide further reassurance on the question of how law enforcement authorities would interact with victims of modern slavery to ensure that they can be appropriately supported, and have the time they need to recover and bring forward their claims so that we can all achieve our shared objective, which is the prosecution of human traffickers.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I recognise that the Minister has moved in some measure on these issues and I am grateful for that, but may I return to the point about the statutory guidance? Surely, given that we all accept that we will only deal with the organised criminals who run modern slavery with the co-operation of their victims, we cannot proceed with the clause as it currently stands without knowing what the statutory guidance will be? It was well known that this was going to be an issue, so I am surprised, frankly, that the draft statutory guidance has not been available to us today. That might well have reassured us sufficiently to support the Minister in his contention. As it is, that is still left hanging in the air. When will we see that statutory guidance?

[Robert Jenrick]

Let me answer my hon. Friend’s questions by setting out what will be contained in the statutory guidance. The operation of the exception for potential victims of modern slavery to remain in the United Kingdom for the purpose of co-operating with law enforcement agencies in connection with the investigation of a trafficking offence will be subject to statutory guidance. The guidance will provide that an individual who has arrived in the UK illegally and has a positive reasonable grounds decision based on an incident that has taken place in the UK, will be afforded 30 days from that positive decision to confirm that they will co-operate with an investigation relating to their exploitation. They will not be removed within that period, which accords them with protections that are equivalent to those set out in the European convention on action against trafficking in human beings. Should they continue to co-operate with such an investigation, they will continue to be entitled to the support and protections of the NRM. Should further time be required in addition to the 30 days, that period is extendable so that the police and the victim have the time necessary to ensure that traffickers are brought to justice. I hope that that answers his question. I appreciate his desire to see the letter of the statutory guidance, and I will take that away, but that is the essence of it—the position that mirrors the ECAT provisions.

[Sir Robert Neill]

When will that come into force? Surely, we have to have that in force before the provisions in the Bill come into force. Can he give us that assurance and confirmation?

[Robert Jenrick]

It is our intention that the statutory guidance will be provided and in place for the commencement of the Bill. I hope that that also answers the question of my right hon. Friend the Member for Chingford and Woodford Green about the fact that he feels that previous assurances in prior legislation were not fully delivered.

[Sir Iain Duncan Smith]

I welcome some of the moves the Government have made and I support the principles of what the Bill is trying to do. However, this is a really significant problem of the Government cutting off their nose to spite their face. The positive we have is that when victims give evidence and a prosecution takes place, it cuts down the likelihood that traffickers will be allowed to traffic boats across. When that is turned around, it contradicts the purpose of the Bill. The point I made to the Minister earlier was that the sudden change to the presumption power of the Secretary of State is really where the problem arises. Surely the way to deal with that is not through the guidance mechanism, but to ensure, on the face of the Bill, that that presumption is restricted, and clearly restricted. He talks about the intention of the guidance. I was given that assurance on the other Bill in December. No guidance emerged subsequently so he will forgive me, having sat in Government myself, if I do not always take the word of the Government absolutely as a categorical assurance. The only way we can get this is by doing something on the face of the Bill. The amendment, as amended, would really help enormously to reassure people and achieve the Government’s objective, which is more prosecutions and fewer boats.

[Robert Jenrick]

I understand my right hon. Friend’s position, but I hope he will accept that we intend to bring forward the statutory guidance and that it will set out the points I have just described. They do accord with ECAT. I appreciate that there are those who would like a longer period than 30 days, but that seems a reasonable place to settle, given that that is what the framers of ECAT themselves chose as the period for recovery and for bringing forward claims.

[Mrs May]

I am just a little confused and I hope my right hon. Friend can help me. He says that the Government want to bring forward the guidance, yet they oppose Lords amendment 57. Lords amendment 57, as I read it, would confer a power on the Secretary of State

“by regulations to make provision about the circumstances in which it is necessary for a person present in the UK to provide cooperation of the kind mentioned”

earlier in the clause. That is precisely the guidance he is now saying he will bring in, so why is he opposing Lords amendment 57?

[Robert Jenrick]

We do not need that power, so the amendment is superfluous; we already have the power to bring forward statutory guidance. It was our intention to do that. The guidance is being drafted, and it will set out what I have detailed.

--- Later in debate ---

[Jeremy Corbyn (Islington North) (Ind)]

Will the Minister give way?

[Robert Jenrick]

I will not, if the right hon. Gentleman will forgive me. I feel that I have to make progress now.

Lords amendments 1, 7, 90 and 93 are all the more unnecessary as the Bill already affords adequate protections against removal to a country that is unsafe for a particular person. That brings me to Lords amendment 23, about the removal of LGBT people to certain countries. Let me say unambiguously that we treat the safety of LGBT people with the utmost seriousness, and do not want to do anything that would in any way compromise their safety and security. I regret to say that Lords amendment 23, though clearly well intentioned, misunderstands the approach taken in the Bill. With the exception of EU and European economic area nationals and those of Switzerland and Albania, people will not be returned to their home country if they make a protection claim. If a person is issued with a third-country removal notice, they can challenge their removal to the specified country on the basis that they would face a real risk of serious and irreversible harm there, including persecution. If a serious harm suspensive claim is refused, the person has an avenue of appeal to the upper tribunal. The amendment is well meant, but the concerns that underpin it are unfounded. We take pride in the UK’s support for LGBT communities globally, and our commitment to this cause remains unwavering.

[Joanna Cherry]

Rwanda has no laws prohibiting discrimination against same-sex attracted people, and people whose gender identity is different from their sex at birth. Can the Minister not understand why an LGBT person might rather come to the UK for asylum, where we have such anti-discrimination laws, than be sent somewhere like Rwanda, which does not?

[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.

[Hilary Benn]

Will the Minister give way?

[Robert Jenrick]

I will; then I will need to bring my remarks to a close.

[Hilary Benn]

The Government have said that they are committed to bringing forward safe, legal routes, but that they will not do that until they have stopped the boats. Does the Minister not recognise that one thing that the Government could do that would help stop the boats is bring forward safe, legal routes?

[Robert Jenrick]

No, I do not agree with the right hon. Gentleman. I think there is a role for safe, legal routes, and I want the UK to be respected internationally for the way in which we support those seeking sanctuary. That is what we have ensured in recent years by creating world-leading schemes, such as those for Ukraine, Syria and Hong Kong, and indeed there is also the global scheme, which is operated by the UNHCR. I do not accept the argument that I think he is advancing, which is that if we produce a larger safe and legal route to the United Kingdom, it will lead to a reduction in the number of individuals crossing illegally in small boats. The individuals we would likely bring to the United Kingdom under a safe and legal route are quite different, in the main, from those coming across in small boats. Most of our small boat arrivals are young men in their 20s and 30s who are already in a place of safety—France—with a fully functioning asylum system. The kind of scheme the Government envisage for safe and legal routes is one where we take families and vulnerable people directly from conflict zones or refugee camps elsewhere in the world. That is a very different system from offering a safe and legal route to predominantly young men in a place of safety to come to the United Kingdom. That does not denude the value of having safe and legal routes, but the purpose is different.

Lords amendment 103 relates to the functions of the National Crime Agency, and I am afraid that it just amounts to legislative grandstanding. The NCA’s statutory functions already cover tackling organised immigration crime. As such, the amendment simply risks undermining the operational independence of the director general by tying his hands as to how to organise the NCA to best deliver its objectives. As I said in answer to an earlier question, our colleagues at the NCA who work every day on organised immigration crime would be very surprised to hear the contention that they are not focused on this work, because they certainly are.

Finally, Lords amendment 104, which was tabled by the Archbishop of Canterbury, is well-meaning but unnecessary. It is a distraction from the immediate priority of stopping the boats and tackling the threat to life arising from dangerous, illegal and unnecessary channel crossings. That is the aim of the Bill, and the Lords amendment does not reflect the actions that we have already taken through cross-Government initiatives to tackle the refugee crisis and through the ongoing work to deliver our strategic approach to tackling human trafficking. Moreover, it does not recognise how this country has responded to the result of crises, offering sanctuary to over 550,000 people through safe and legal routes since 2015.

By getting a grip on illegal migration, we aim to reduce the pressure that it places on our public services and on community cohesion and to increase the capacity to support those who seek sanctuary here in the UK. The stop-the-boats Bill is designed to ensure that the UK can be an even greater force for good in the world by using our finite resources on those who truly need it.

In conclusion, it is vital that this Bill reaches the statute book quickly and in a form that will stop the boats. It is riddled with exceptions and get-out clauses placed in it by the other place. If they remain, it will simply not work. We have to send a clear message back to the other place that it is now their turn to think again and to respect the will of the elected House. The public expect us to tackle this issue, to secure our borders and to stop the boats.

[Several hon. Members rose—]

Illegal Migration Bill

Robert Jenrick Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

I beg to move, That this House disagrees with Lords amendments 1B, 7B and 90D.

[Mr Speaker]

With this it will be convenient to discuss:

Lords amendment 9B, and Government motion to disagree.

Lords amendment 23B, and Government motion to disagree.

Amendments 36A and 36B, and Government motions to insist, and Lords amendments 36C and 36D, and Government motions to disagree.

Lords amendment 33B, and Government motion to disagree.

Lords amendment 56B, and Government motion to disagree.

Lords amendment 102B, and Government motion to disagree.

Lords amendment 103B, and Government motion to disagree.

Lords amendments 107B and 107C, and Government motions to disagree.

[Robert Jenrick]

Last Tuesday, this House voted 18 times —more times than on any other day on any other piece of legislation—and 18 times it voted to support this Bill.

[Mr William Wragg (Hazel Grove) (Con)]

Will the Minister give way?

[Robert Jenrick]

I will first make a few opening remarks.

This House sent back to the House of Lords its 20 amendments to the Bill, many of which simply drove a coach and horses through the fabric of the legislation. We brought forward reasonable amendments where it was sensible to do so and it is disappointing, to say the least, the some of those have been rejected. I welcome the fact that the 20 issues that we debated last week have now been whittled down to nine, but the issue now before us is whether the clearly expressed views of this House, the elected Chamber—not just in the votes last week, but throughout the earlier passage of the Bill—should prevail.

We believe that inaction is not an option, that we must stop the boats and that the Bill is a key part of our plan to do just that. The message and the means must be absolutely clear and unambiguous: if people come to the UK illegally, they will not be able to stay here. Instead, they will be detained and returned to their home country or removed to a safe third country. There is simply no point in passing legislation that does not deliver a credible deterrent or provide the means to back it up with effective and swift enforcement powers.

We cannot accept amendments that provide for exceptions, qualifications and loopholes that would simply perpetuate the current cycle of delays and endless late and repeated legal challenges to removal. I listened carefully to the debate in the other place, but no new arguments were forthcoming and certainly no credible alternatives were provided.

[Sir William Cash (Stone) (Con)]

I thoroughly endorse what my right hon. Friend says. This is a matter of extreme national interest, as is reflected in the votes of constituents throughout the country. They feel very strongly about these matters. Does he not agree that it is time for their lordships to take note of the fact that the British people want this legislation to go through? They want progress, given the extreme difficulties this is presenting to the British people.

[Robert Jenrick]

I strongly endorse my hon. Friend’s comments. This is an issue of the highest importance to the people we serve in this place. Of course there is a legitimate role for the other place in scrutinising legislation, but now is the time to move forward and pass this law to enable us to stop the boats.

[Sir Edward Leigh (Gainsborough) (Con)]

I wonder whether my right hon. Friend has noted the remarks of Lord Clarke, who is not a particularly vicious right-wing creature. He said this Bill is entirely necessary and that we have to get on with it.

I also wonder whether my right hon. Friend has looked at today’s remarks by Lord Heseltine.

Lord Clarke and Lord Heseltine seem to have come up with a sensible option. We should go ahead with this Bill. We have to have much better European co-operation and, really, we have to build a wall around Europe. [Interruption.] And we have to do much more—this is what the Opposition might like—in terms of a Marshall plan to try to remove the conditions of sheer misery that cause people to want to leave these countries in the first place.

[Robert Jenrick]

I read the remarks of the noble Lord Clarke, and I entirely agree with his point, which is that, having listened to the totality of the debate in the House of Lords, he had not heard a single credible alternative to the Government’s plan. For that reason alone, it is important to support the Government.

I also agree with Lord Clarke’s broader point that this policy should not be the totality of our response to this challenge. Deterrence is an essential part of the plan, but we also need to work closely with our partners in Europe and further upstream. One initiative that the Prime Minister, the Home Secretary and I have sought to pursue in recent months is to ensure that the United Kingdom is a strategic partner to each and every country that shares our determination to tackle this issue, from Turkey and Tunisia to France and Belgium.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I completely agree with my right hon. Friend. I believe that the Bill should go through, as we have to do something about the deaths in the channel, which is an important moral purpose.

I bring my right hon. Friend back to Lord Randall’s amendment on modern slavery. We agree quite a lot on this issue, and the Government have said that they will do stuff in guidance, so Lord Randall has taken the words spoken by my right hon. Friend at the Dispatch Box and put them on the face of the Bill—this amendment does exactly what my right hon. Friend promised the Government would do in guidance. The Government have not issued the guidance in detail, which is why the amendment was made. Why would we vote against the amendment today when my right hon. Friend’s words and prescriptions are now on the face of the Bill?

[Robert Jenrick]

First, the Lords amendment on modern slavery goes further by making the scheme, as we see it, much more difficult to establish. There are a number of reasons but, in particular, we think the complexity of the issue requires it to be provided for in statutory guidance rather than on the face of the Bill, in line with my assurances made on the Floor of the House. One of those assurances is particularly challenging to put in statutory guidance—where an incident has taken place in the United Kingdom, rather than an individual being trafficked here—and that is the point Lord Randall helpfully tried to bring forward.

We are clear that the process I have set out should be set out in statutory guidance, because the wording of the amendment is open to abuse by those looking to exploit loopholes. Those arriving in small boats would seek to argue that they have been trafficked into the UK and that the 30-day grace period should apply to them, on the basis that they qualify as soon as they reach UK territorial waters. The proposed provision is, for that reason, operationally impossible and serves only to create another loophole that would render the swift removal we seek impossible or impractical. The statutory guidance can better describe and qualify this commitment, by making it clear that the exploitation must have occurred once the person had spent a period of time within the UK and not immediately they get off the small boat in Kent. For that reason, we consider it better to place this on a statutory footing as guidance rather than putting it in the Bill.

[Jim Shannon (Strangford) (DUP)]

The Democratic Unionist party is concerned about the trafficking of children and young people. My question is a simple one. We see economic migrants who are fit and healthy but none the less make that journey, and we see those who have had to leave their country because they have been persecuted, discriminated against or been subjected to brutal violence, or because their family members have been murdered. My party and I want to be assured that those who flee persecution have protection within this law, because we do not see that they do.

[Robert Jenrick]

We believe that they do, because at the heart of this scheme is the principle that if an individual comes to the UK illegally on a small boat, they will be removed back home if it is safe to do that—if they are going to a safe home country such as Albania. In determining that the country is safe, for example, as in the case of Albania, we would have sought specific assurances from it, if required. Alternatively, they will be removed to a safe third country, such as Rwanda, where, again we would have sought sufficient assurances that an individual would be well-treated there. As the hon. Gentleman can see in the courts at the moment, those assurances will be tested. So it is not the intention of the UK Government to expose any genuine victim of persecution to difficulties by removing them either back home and, in the process, enabling their refoulement, or to a country in which they would be unsafe. We want to establish a significant deterrent to stop people coming here in the first place, bearing in mind that the overwhelming majority of the individuals we are talking about who would be caught by the Bill were already in a place of safety. They were in France, which is clearly a safe country that has a fully functioning asylum system.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Let me take the right hon. Gentleman back to the criticism he was making of the other place, because if the elected House is about to break international law, it is entirely fitting that the other place should try to prevent that from happening. The Minister has stood at the Dispatch Box telling us that this Bill is about deterrence, whereas the Home Office’s own impact assessment has said:

“The Bill is a novel and untested scheme, and it is therefore uncertain what level of deterrence impact it will have.”

As a raft of children’s charities have pointed out, once routine child detention was ended in 2011 there was no proportional increase in children claiming asylum. So will he come clean and accept that this Bill absolutely will have the effect, even if it does not have the intention, of meaning that people trying to escape persecution will not be able to come here, because there are not sufficient safe and legal routes?

[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.

[Tom Hunt (Ipswich) (Con)]

Many opponents of the Bill seem to support uncapped safe and legal routes. The reality of that would be that potentially over 1 million people could get the ability to come here. Does the Minister agree that those proposing that should be open and honest about it, and explain what the dramatic consequences would be for public services and community cohesion in this country?

[Robert Jenrick]

I completely agree. Anyone who feels that this country has sufficient resource to welcome significant further numbers of individuals at the present time, should look at the inbox of the Minister for Immigration. It is full of emails and letters from members of the public, local authorities and Members of Parliament, on both sides of the House, complaining that they do not want to see further dispersal accommodation and worrying about GP surgery appointments, pressure on local public services and further hotels. I understand all those concerns, which is why we need an honest debate about the issue.

That is why, at the heart of the Bill, there is not only a tough deterrent position for new illegal entrants, but a consultation on safe and legal routes, where we specifically ask local authorities, “What is your true capacity?” If we bring forward further safe and legal routes, they will be rooted in capacity in local authorities, so that those individuals are not destined to be in hotels for months or years, but go straight to housing and support in local authorities. That must be the right way for us to live up to our international obligations, rather than the present situation that, all too often, is performative here, and then there are major problems down the road.

Let me reply to issues other than modern slavery in the amendments before us. On the issue of detention, we believe that a necessary part of the scheme, provided for in the Bill, is that there are strong powers. Where those subject to removal are not detained, the prospects of being able to effect removal are significantly reduced, given the likelihood of a person absconding, especially towards the end of the process.

We have made changes to the provision for pregnant women, which I am pleased have been accepted by the Lords, and unaccompanied children, but it is necessary for the powers to cover family groups, as to do otherwise would introduce a gaping hole in the scheme, as adult migrants and the most disgusting people smugglers would seek to profit from migrants and look to co-opt unaccompanied children to bogus family groups to avoid detention. That not only prevents the removal of the adults, but presents a very real safeguarding risk to children.

On unaccompanied children, we stand by the amendments agreed by the House last week. They provided a clear differentiation between the arrangements for the detention of adults and those for the detention of unaccompanied children. The amendments agreed by this House provide for judicial oversight after eight days’ detention where that detention is for the purpose of removal.

--- Later in debate ---

[Vicky Ford (Chelmsford) (Con)]

I thank my right hon. Friend for making it clear that, if there is any doubt about the age of an unaccompanied child, they will be treated as a child. I also thank him for saying that, if a child is detained, it will be in an age-appropriate centre. However, on the issue of what is age-appropriate, I will just say that I have looked at the operating standards to which he referred. It is an 82-page document. It has no mention of unaccompanied children. It talks about who looks after the locks and hinges and where the tools and the ladders are to be stored, but there is nothing about how we keep these children happy, healthy and safe from harm. I point him instead to the guidance for children’s care homes and ask him gently if we could update the rules on detention centres to make sure that they look more like the rules we have for safeguarding children in care homes.

[Robert Jenrick]

My right hon. Friend makes a number of important points. The guidance is very detailed, but I am sure that it would benefit from updating. Therefore, the points that she has made and that other right hon. and hon. Members have made in the past will be noted by Home Office officials. As we operationalise this policy, we will be careful to take those into consideration. We are all united in our belief that those young people who are in our care need to be treated appropriately.

Let me turn now to the Lords amendment on modern slavery—I hope that I have answered the comments of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith). This seeks to enshrine in the Bill some of the assurances that I provided in my remarks last week in respect of people who are exploited in the UK. However, for the reason that I have just described, we think that that is better done through statutory guidance. In fact, it would be impractical, if not impossible, to do it through the Bill.

[Sir Iain Duncan Smith]

The point that my right hon. Friend made earlier is that, somehow, those people will be able to get into the UK and make a false claim. However, the Nationality and Borders Act 2022 already provides for that, so anyone found to have made a false claim will be disqualified, and disqualified quite quickly. The critical thing is to prosecute the traffickers. That way, we can stop them trafficking more people on the boats. My worry is that this provision will put off many people from giving evidence and co-operating with the police for fear that they may still be overridden and sent abroad while they are doing it and then be picked up by the traffickers. Does he give any credence to the fear that this may end up reducing the number of prosecutions of traffickers as a result?

[Robert Jenrick]

I understand my right hon. Friend’s position, and it is right that he is vocalising it, but we do not believe that what he says is likely. The provision that we have made in the statutory guidance that I have announced will give an individual 30 days from the positive reasonable grounds decision to confirm that they will co-operate with an investigation in relation to their exploitation. That should give them a period of time to recover, to come forward and to work with law-enforcement. That is a period of time aligned with the provisions of ECAT, so we rely on the decision of the drafters of ECAT to choose 30 days rather than another, potentially longer, period. That is an extendable period, so where a person continues to co-operate with such an investigation, they will continue to be entitled to the support and the protections of the national referral mechanism for a longer period.

[Sir Iain Duncan Smith]

I just want to make it clear that under the new regulations, the Secretary of State can still feasibly decide that, even if someone is co-operating, they do not need to remain in the UK for that. That is the critical bit: they live under the fear that they can be moved somewhere else to give that evidence. Does the Minister not agree that that will put a lot of people off giving evidence?

[Robert Jenrick]

I hope that that is not borne out. It is worth remembering that we will not remove anyone to a country in which they would be endangered. We would be removing that person either back to their home country, if we consider it safe to do so, usually because the country is an ECAT signatory and has provisions in place, or to a safe third country such as Rwanda, where once again we will have put in place significant provisions to support the individual. I hope that that provides those individuals with the confidence to come forward and work with law enforcement to bring the traffickers to book.

[Vicky Ford]

I am particularly interested in the arrival of unaccompanied children in this country, because obviously the Minister has tightened up the eight-day period for them on exit. I believe that he just agreed with me that the standards for age-appropriate accommodation in detention centres need to be updated to look more like those for children’s homes. Is he prepared to concede that no unaccompanied child should be put in such a detention centre until that update of the rules has been undertaken?

[Robert Jenrick]

I understand the point that my right hon. Friend makes, but I am not sure that that is necessary, because the Detention Centre Rules 2001 are very explicit in the high standards expected. They set the overall standard, and underlying them will no doubt be further guidance and support for individuals who are working within the system. If there is work to be done on the latter point, we should do that and take account of her views and those of others who are expert in this field, but the Detention Centre Rules are very explicit in setting high overarching standards for this form of accommodation. That is exactly what we would seek to live up to; in fact, it would be unlawful if the Government did not.

[Vicky Ford]

In a children’s home, we would expect there to be the right to access a social worker and advocacy, and for the child to have the care that they particularly need. We would expect Ofsted to oversee that, not prison inspectors.

[Robert Jenrick]

I am grateful for those points. Social workers will clearly be at the heart of all this work, as they are today. Every setting in which young people are housed by the Home Office, whether it be an unaccompanied asylum-seeking children hotel, which we mentioned earlier, or another facility, has a strong contingent of qualified social workers who support those young people. I am certain that social workers will be at the heart of developing the policy and then, in time, operationalising it.

Their lordships have attempted but failed to smooth the rough edges of their wrecking amendments on legal proceedings, but we need be in no doubt that they are still wrecking amendments. They would tie every removal up in knots and never-ending legal proceedings. It is still the case that Lords amendment 1B would incorporate the various conventions listed in the amendment into our domestic law. An amendment shoehorned into the Bill is not the right place to make such a significant constitutional change. It is therefore right that we continue to reject it.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Will the Minister give way?

[Robert Jenrick]

I will not, because I need to close my remarks; this is a short debate.

Lords amendment 9B continues to undermine a core component of the Bill: that asylum and relevant human rights claims are declared inadmissible. The Lords amendment would simply encourage illegal migrants to game the system and drag things out for as long as possible, in the hope that they would become eligible for asylum here.

Lords amendment 23B brings us back to the issue of the removal of LGBT people to certain countries. The Government are a strong defender of LGBT rights across the globe. There is no question of sending a national of one of the countries listed in the amendment back to their home country if they fear persecution based on their sexuality. The Bill is equally clear that if an LGBT person were to be issued with a removal notice to a country where they fear persecution on such grounds, or indeed on any other grounds, they could make a serious harm suspensive claim and they would not be removed—

[Patrick Grady (Glasgow North) (SNP)]

Will the Minister give way?

[Robert Jenrick]

I will not, because I need to bring my remarks to a close now. They would not be removed until that claim and any appeal had been determined. As I said previously, the concerns underpinning the amendments are misplaced and the protections needed are already in the Bill.

On safe and legal routes, Lords amendment 102B brings us to the question of when new such routes come into operation. The amendment again seeks to enshrine a date in the Bill itself. I have now said at the Dispatch Box on two occasions that we aim to implement any proposed new routes as soon as is practical, and in any event by the end of 2024. I have made that commitment on behalf of the Government and, that being the case, there is simply no need for the amendment. We should not delay the enactment of this Bill over such a non-issue.

Lords amendment 103B, tabled by the Opposition, relates to the National Crime Agency. Again, it is a non-issue and the amendment is either performative or born out of ignorance and a lack of grasp of the detail. The NCA’s functions already cover tackling organised immigration crime, and men and women in that service work day in, day out to do just that. There is no need to change the statute underlying the organisation.

Finally, we have Lords amendment 107B, which was put forward by the Archbishop of Canterbury. This country’s proud record of providing a safe haven for more than half a million people since 2015 is the greatest evidence that we need that the UK is already taking a leading international role in tackling the refugee crisis. This Government are working tirelessly with international and domestic partners to tackle human trafficking, and continue to support overseas programmes. We will work with international partners and bring forward proposals for additional safe and legal routes where necessary.

However well-intentioned, this amendment remains unnecessary. As I said to his grace the Archbishop, if the Church wishes to play a further role in resettlement, it could join our community sponsorship scheme—an ongoing and global safe and legal route that, as far as I am aware, the Church of England is not currently engaged with.

This elected House voted to give the Bill a Second and Third Reading. Last Tuesday, it voted no fewer than 17 times in succession to reject the Lords amendments and an 18th time to endorse the Government’s amendments in lieu relating to the detention of unaccompanied children. It is time for the clear view of the elected House to prevail. I invite all right hon. and hon. Members to stand with the Government in upholding the will of the democratically elected Commons, to support the Government motions and to get on with securing our borders and stopping the boats.

--- Later in debate ---

[Stephen Kinnock]

The hon. Gentleman is absolutely right that the only people who benefit from the small boat crossings are the people smugglers and human traffickers—that has to be brought to an end. Where we fundamentally disagree is about the means. Labour believes that the deterrence of the Rwanda scheme simply will not work, for the reasons I have already set out, and that the solution lies far more in pragmatism and quiet diplomacy, working with international partners to get the returns deal that I talked about, than in all the performative cruelty that is at the heart of this Bill.

Likewise, the Government should show some humility and support Lords amendment 33B, which states that accompanied children should be liable for detention only for up to 96 hours. This is a fair and reasonable compromise, given that Lords amendment 33 initially set the limit at 72 hours.

While we are on the subject of children, how utterly astonishing and deeply depressing it was to hear the Minister standing at the Dispatch Box last week and justifying the erasure of Disney cartoons on the basis of their not being age-appropriate. Quite apart from the fact that his nasty, bullying, performative cruelty will have absolutely no effect whatsoever in stopping the boats, it has since emerged that more than 9,000 of the children who passed through that building in the year to March 2023 were under the age of 14. Given that a significant proportion of those 9,000 would have been younger still, I just wonder whether the Minister would like to take this opportunity to withdraw his comments about the age-appropriateness of those cartoons.

[Robert Jenrick]

indicated dissent.

[Stephen Kinnock]

No. Well, there we have it. This whole sorry episode really was a new low for this Minister and for the shameful, callous Government he represents.

We also support Lords amendment 23B, a compromise in lieu of Lords amendment 23, which seeks to protect LGBT asylum seekers from being removed to a country that persecutes them for their sexuality or gender. The Minister last week claimed that that was unnecessary because there is an appeals process, but why on earth would he put asylum seekers and the British taxpayer through an expensive and time-consuming appeals process when he could just rule out this scenario from the outset?

Nothing illustrates more clearly the indifference of this Government towards the most vulnerable people in society than their treatment of women being trafficked into our country for prostitution. I have already described this Bill as a traffickers charter—a gift to the slave drivers and the pimps—because it makes it harder for victims to come forward and therefore more difficult for the police to prosecute criminals. The Immigration Minister last week repeated the false claim that the UK Statistics Authority recently rebuked him for. It was his second rebuke this year by our national statistics watchdog for inaccurate claims made to this House. Thankfully, the right hon. Member for Maidenhead (Mrs May), who is not in her place today, called him out on it. She correctly pointed out that the proportion of small boats migrants claiming to be victims of modern slavery stands at just 7%. This was a profoundly embarrassing moment for the Minister, but I do hope he will now swallow his pride, listen to the wise counsel he is receiving from those on the Benches behind him and accept Lords amendment 56B in the name of Lord Randall.

[Robert Jenrick]

The hon. Member is right that I misspoke when citing those statistics on an earlier occasion, but in fact the statistics were worse than I said to the House. What I said was that, of foreign national offenders who are in the detained estate on the eve of their departure, over 70% made use of modern slavery legislation to put in a last-minute claim and delay their removal. However, it was not just FNOs; it was also small boat arrivals. So the point I was making was even more pertinent, and it is one that he should try to answer. What would he do to stop 70% of people in the detained estate, who we are trying to get out of the country, putting in a frivolous claim at the last minute?

[Stephen Kinnock]

Sir Robert Chote of the UK Statistics Authority said clearly that the figure is only 20%, not 70%. I do not know whether we want to invite Sir Robert to clarify those points himself, but the rebuke the Minister received from the UK Statistics Authority was pretty clear.

It is vitally important that the Minister’s position on this is not used as the basis for a policy that could cause profound harm to vulnerable women while feeding criminality in the United Kingdom. I therefore urge him to reflect on what he is trying to achieve, the proportionality of his actions and the unintended consequences he may be facilitating. Lords amendment 56B states that victims of trafficking who have been unlawfully exploited in the UK should be protected from the automatic duty to remove and should continue to be able to access the support currently available to them, but only for the duration of the statutory recovery period, which was set by the Nationality and Borders Act 2022 at 30 days.

On Second Reading, the right hon. Member for Maidenhead argued that the Bill as drafted would

“drive a coach and horses through the Modern Slavery Act, denying support to those who have been exploited and enslaved and, in doing so, making it much harder to catch and stop the traffickers and slave drivers.”—[Official Report, 28 March 2023; Vol. 730, c. 886.]

We strongly agree with her concerns and wholeheartedly support Lords amendment 56B, which I remind the Minister goes no further than to maintain the status quo of the basic protections and support currently available to all victims of trafficking and exportation.

I will now turn to the amendments that are underpinned by Labour’s five-point plan: end the dangerous small-boat crossings, defeat the criminal gangs, clear the backlog, end extortionate hotel use, and fix the asylum system that the Conservatives have spent 13 years destroying.

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[Stephen Kinnock]

I suppose the answer to the hon. Gentleman’s question is that if it walks like a duck and quacks like a duck, it probably is a duck, and the Rwanda plan is so clearly and utterly misconceived, misconstrued and counter-productive. Labour Members like to vote for things that are actually going to work, which is why we simply cannot support that hare-brained scheme.

With the Minister last week reiterating a deadline of December 2024—18 months from now—to lay out what safe and legal routes might look like, and by stating that those routes will not deal with the challenges facing Europe directly, he appears to be reducing the chances of getting the returns deal with the EU that we so urgently need. Let us not forget that this Government sent Britain tumbling out of the Dublin regulations during their botched Brexit negotiations, and it is no surprise that small boat crossings have skyrocketed since then. This Government must prioritise getting that returns deal. We therefore support Lords amendment 102B, which demands that the Government get on with setting out what these safe and legal routes might look like, not only to provide controlled and capped pathways to sanctuary for genuine refugees, but to break that deadlock in the negotiations with the EU over returns.

I note that the Minister loves to trot out his lines about the Ukraine, Hong Kong and Afghan resettlement schemes, but he neglects to mention that there are now thousands of homeless Ukrainian families, and we have the travesty of thousands of loyal-to-Britain Afghans who are set to be thrown on the streets at the end of August. More than 2,000 Afghans are stuck in Pakistan with the right to come here, but they are not being allowed to do so. He simply must fix those resettlement schemes.

[Robert Jenrick]

I am grateful to the hon. Gentleman for giving way, because this is an important point that all Members of the House should appreciate. The No. 1 reason why we are struggling to bring to the UK those people in Pakistan—we would like to bring them here, because we have a moral and historical obligation to them—is that illegal immigrants on small boats have taken all the capacity of local authorities to house them. If the hon. Gentleman truly wanted to support those people, he would back this Bill, he would stop the boats, and then he would help us to bring those much-needed people into the United Kingdom.

[Stephen Kinnock]

It beggars belief that the Immigration Minister says that, when he speaks for a party that has allowed our backlog to get to 180,000, costing £7 million a day in hotels. He should just get the processing system sorted out. The Conservatives downgraded the seniority of caseworkers and decision makers in 2013 and 2014. Surprise, surprise, productivity fell off a cliff, as did the quality of decisions. That is the fundamental problem, but we have to recognise that these Afghans have stood shoulder to shoulder with our defence, diplomacy and development effort in Afghanistan, and we owe them a debt of honour and gratitude.

[Robert Jenrick]

Does the hon. Gentleman know how many asylum seekers are housed in his constituency, or would he like me to tell him? It is none. There are no asylum seekers accommodated in Aberavon. If he would like us to bring in more people, whether on safe and legal routes, or on schemes such as the Afghan relocations and assistance policy, he should get on the phone to his local council and the Welsh Government this afternoon.

[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.

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[John McDonnell (Hayes and Harlington) (Lab)]

I want to apologise to you, Madam Deputy Speaker, because I do not think I indicated clearly enough that I wanted to speak. Thank you for your generous dexterity in finding time for me.

I want to say one simple thing about the assurances given so far on the detention of children: they are not sufficient. There are large numbers of children who will be detained. The definition of age-appropriate and child-appropriate accommodation is not clear enough.

I remind the House of my experience with Harmondsworth detention centre in my constituency before 2014, when we legislated to prevent children being detained in detention centres. That detention centre was also meant to be age and child-appropriate, but what happened? It simply had a wing with a school and so on, and children were locked up in there for months on end. We saw the reports of individual civil society organisations that assessed the mental health implications of the detention of children at that stage.

So far, the Minister has told me that there is no Government intention to detain children in detention centres again, but, as I said to him before, intention is not good enough. We need legislation to prevent that from happening again. My fear is that, under pressure, Government Ministers will decide that there will be some appropriate decoration of some sections of Harmondsworth and it will be opened up for children again.

I was a house father at a children’s home in Hillingdon. It was one of the traditional children’s homes, run effectively as a family unit. I pursued my own career, and my wife was the house mother in charge and I was the house father. It was like a large fostering unit, basically, and we took in children who had been detained in Harmondsworth. Even before it was of the prison style that it is now, those children were, I believe, scarred for life. I did not think that we would ever return to locking children up in that way. The children we looked after often came to us after they had been lost within the system while their cases were being processed over a long time. They were often separated from their families, who came through other routes. I think the damage was a scandal of this country’s treatment of human beings.

That was why, from 2010 until 2012, we ran a campaign—across all religious groups, and with civil society organisations such as the Children’s Society—and published report after report. David Cameron came forward heroically and said, “We will never detain children again,” and we legislated for that in 2014. We are now going back to detaining children almost indefinitely for some categories. We have not got the assurances that we need about where they will be detained or about the care, comfort and succour that they will have to support them. As a result, if we allow this legislation to go through, it will be a stain upon this House and upon society overall for a long time to come.

I ask Members to think again. We now go back into ping-pong with the other House, which is calling simply for a realistic time limit on the detention of children so that they are not damaged beyond repair in the way they were 10 years ago. I do not think that a simple amendment to set a time limit on children suffering in detention when they arrive in this country is an awful lot to ask of the Government. They often come from countries where they have suffered enough; we should not impose even more suffering on them.

[Robert Jenrick]

With the leave of the House, let me say a few words to close this short debate.

As I said at the outset, when we met and voted 18 times last week, we supported the Bill time and again. In each of those 18 votes, we in this democratically elected Chamber voted to stop the boats, secure our borders and enable this important Bill to move forward. Now is the time for the other place, which is, at its heart, as a number of colleagues have said—

[Stuart C. McDonald]

Will the Minister give way?

[Robert Jenrick]

I will not—we have heard from the hon. Gentleman a number of times.

The other place is ultimately a revising Chamber, and it is now time for it to support the Bill. Today’s debate has, like some of the others, been short on new arguments and completely short of any credible alternative. I go back to the arguments made in the other place by many distinguished Members of that House and former Members of this House, most notably the noble Lord Clarke, who said clearly that he was not able, having listened to the debate for hour after hour, to discern a single credible alternative to the Government’s plan. It is incumbent on those who want to vote against the Bill to bring forward alternatives, but we have not heard a single one.

I used to say that Labour Members do not have a plan to stop the boats, but that is not true. They do have a plan, but it is one that is so dangerously naive that it is a recipe for even more crossings and even greater misery. They would create a massive pull factor by giving economic migrants crossing the channel from a safe place such as France the ability to work sooner. They would attempt to grant their way out of the problem and sacrifice the remaining integrity of the system. They would create bespoke country-specific routes for every instance of instability in the world, which would impose more and more pressures on local communities.

Is it not the most telling fact in this debate that today, in the shadow Immigration Minister’s own town of Aberavon, there is not a single asylum seeker? If Members want more asylum seekers, they should have the honesty to have them in their own constituency. From the letters I receive from Labour MPs, I assume that they would house asylum seekers even more expensively than we do today, with no regard to the taxpayer. I am not clear how they would remove illegal migrants when their own leader, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), campaigned to close an immigration removal centre, tens of Labour MPs have opposed the reopening of two other centres, and the Labour party’s own membership recently voted to abolish them altogether.

The fact is that as its Members vote against the Bill today, Labour’s message to the law-abiding people of this country—from Stoke to Blackpool to Peterborough—when it comes to illegal migration is quite simply “Put up with it.” Its message to the British families who have to wait longer for social housing or GP appointments is “Tough luck”, and its message to the hard-working taxpayer faced with the ever-rising costs of the system is “Cough up.” It is only the Conservative party that can see the fundamental injustice of illegal migration—that it ultimately affects the poorest people in society the most—and has the determination to fix it. That is why the Bill is so important, and it is why the Lords now need to back it.

Question put, That this House disagrees with Lords amendments 1B, 7B and 90D.