Illegal Migration Bill

Robert Neill Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

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

I echo the words of my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) in saying that we need some calm and seriousness in this debate. Tone is important, even if it has sometimes been lacking. In that spirit, we should observe that it is not unlawful or illegitimate, when faced with novel developments in the means of unlawful entry into the United Kingdom, to test the legal position. That is what the Bill does, and no more at this stage. It is legitimate to do that.

I support the international convention on refugees, but we have to recognise that it was conceived in 1951, at a time when people were smuggled across borders, and there was perhaps a little bribery of local officials or some altruistic assistance for people to get over borders. That was before the time of organised criminality exploiting vulnerable people. We have to reflect the reality of that change in circumstance. The Government are entitled to look at how that might best be done. That is a case for judicial dialogue in Strasbourg, and for renegotiating some of the international treaties.

That said, some of us are able to support the Bill only because of the safeguards written into it, such as habeas corpus.

[Stephen Hammond]

Does my hon. Friend accept that a number of Conservative Members support the Bill tonight on the basis that when it gets to Committee and Report stage, the Government will confirm in more detail the legal basis of the statement that it complies with our international obligations?

[Sir Robert Neill]

I have great faith in the legal input of the Attorney General and the advice of senior Treasury counsel on the Bill. My hon. Friend is right about that. Some of us will look to improve the protections for children and families and some of the tests, such as the suspensive serious harm test and the compelling circumstances under new subsection (4)(b) in clause 29. Were it not for things such as that, it would be very difficult to support the Bill, but they are in there and we need to build on them.

I want to make it clear that legislation itself is not a solution. Left on its own, the Bill will not achieve anything, and nor will any other Bill. The real need is to operationalise the situation and to improve the lamentable performance of our asylum and immigration systems over a number of years. It is ludicrous that immigration tribunals sit empty and that fee-paid, part-time immigration judges who are used to surge capacity sit unused because the Home Office is unable to get the files in order to present before the tribunal. If it cannot get the cases through the system efficiently and accurately, the Bill will fail.

A kind of isolationist unilateralism will not solve an international problem. Many of us think that the Prime Minister’s work on Friday will be every bit as important as any piece of legislation in finding a way forward to what I hope will be a new agreement with France on security and a movement to a proper returns policy. We need a returns policy with friendly and safe countries to make the Bill work. The Prime Minister has the seriousness and the tone to achieve that.

Finally, we must ensure that we swiftly undertake a sensible approach to the international position to ensure that our reputation continues to be upheld. The rule of law matters domestically and internationally. That does not mean that we turn a blind eye to organised criminality abusing our hospitality—that is a real concern to my constituents. That is why it is important that we move forward, but the idea that any piece of legislation alone will do that, without serious operational changes and the resource to go behind them, is misleading.

Illegal Migration Bill

Robert Neill Excerpts

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[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.