Illegal Migration Bill

Roger Gale Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[Mrs May]

My right hon. Friend makes an important point. I hope that this is an unintended consequence of the Government’s amendment, but I fear, given that they tabled it, that they knew all too well what they were doing with this amendment, because they just want people to leave the UK. As he says, assuming that where somebody is identified they are going to have to leave the UK means that they are less likely to give evidence, and we will not catch and prosecute so many traffickers and slave drivers. Sadly, all too often those individuals will return to a country where they will be straight into the arms of the traffickers and slave drivers again.

The purpose of amendment 4 is simple: to ensure that victims who are being exploited, in slavery, here in the UK are able to continue to access the support they need, which will enable them to find a new life here or indeed in their home country. Not everybody who has been trafficked here for slavery wants to stay in the UK. Many of them want to return home, but they need to be given the support that enables that to be possible.

Amendment 4, if accepted, would ensure that it would be more likely that the criminals were caught. This Bill says, “If you are a victim of modern slavery who came here illegally, we will detain and deport you, because your slavery is secondary to your immigration status.” It has always been important to separate modern slavery from immigration status. Modern slavery is not a migration issue, not least because more than half of those referred to the national referral mechanism here in the UK for modern slavery are UK citizens here in the UK.

Modern slavery is the greatest human rights issue of our time. The approach in this Bill will have several ramifications. It will consign victims to remaining in slavery. The Government will be ensuring that more people will stay enslaved and in exploitation as a result of this Bill, because it will give the slave drivers and traffickers another weapon to hold people in that slavery and exploitation. It will be easy to say to them, “Don’t even think about trying to escape from the misery of your life, from the suffering we are subjecting you to, because all that the UK Government will do is send you away, probably to Rwanda.” The Modern Slavery Act gave hope to victims, but this Bill removes that hope. I genuinely believe that if enacted as it is currently proposed, it will leave more people—more men, women and children—in slavery in the UK.

As I have said, another impact of the Bill will be fewer prosecutions and fewer criminals being caught and put behind bars. I apologise to the Minister for bouncing him with the Greater Manchester Police evidence that I cited earlier, but it is very relevant and he needs to look at it. The Nationality and Borders Act 2022 already means that people who are in slavery—the figures on those who get a positive decision from the national referral mechanism show this—are not coming forward because of the evidence requirement now under that Act. That is having a real impact and it means fewer prosecutions of the criminals.

I wish to mention the impact on children, and I urge the Minister to listen carefully to the concerns of the Children’s Commissioner. Other Members of this House, including my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), have long championed, through the process of this Bill, the issue of children. My concern is particularly about those children who are in slavery in this country and being cruelly exploited, as victims need support.

The Children’s Commissioner has cited the example of Albin, a 16-year-old Albanian national who came to the UK in September via a boat. He was trafficked for gang and drug exploitation. It was clear to the Border Force that he was young and malnourished, and that he had significant learning difficulties. He was provided support, including from the Children’s Commissioner’s Help at Hand team, but the point the commissioner makes is that

“without the NRM decision…he would have not been processed through the immigration/asylum route as quickly and he would have not received the adequate support to meet his needs.”

Upon receiving the positive decision for the NRM, the social care team was able to transfer him to a suitable placement. That 16-year-old would otherwise have potentially been detained and deported by the Government.

It is important that we consider the impact on children who are victims of slavery. I put the arguments earlier about making it harder to prosecute the slave drivers, and that covers child victims as well, but there may well be an added element for the traffickers to use to keep children enslaved, by which I mean the situation in Rwanda. UNICEF said:

“In Rwanda, over half of all girls and six out of ten boys experience some form of violence during childhood. Children are usually abused by people they know—parents, neighbours, teachers, romantic partners or friends. Only around 60% of girls in Rwanda who are victims of violence tell someone about it, and the rate is even lower for boys.”

I recognise that that quote relates to children in Rwanda being abused by people known to them, but the environment is hardly conducive to the good care of children.

Amendment 4 would remove the problem by ensuring that those identified as being exploited into slavery here in the UK could still access the support provided under the Modern Slavery Act. We have led the world in providing support for those in slavery by what we have done here in the United Kingdom. The Bill significantly damages the operation of that Act. It is bad for victims, bad for the prosecution of slave drivers and bad for the reputation of the United Kingdom.

I was grateful to my right hon. Friend the Minister for saying from the Dispatch Box that he was willing to talk and listen to us to see whether we can find a way through this. I say to him quite simply that the best way to do that is through amendment 4. That is what removes the problem in relation to the victims of modern slavery, so I hope the Government will be willing to look very carefully at that amendment and to listen to what we have said. What we are talking about is not just what we say, but what those who are identifying and dealing with the victims of modern slavery are experiencing day in, day out. They worry that more people will be in slavery as a result of the Bill.

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I will now announce the result of the ballot held today for the election of the Chair of the new Energy Security and Net Zero Committee. A total of 384 votes were cast, none of which was invalid. There were two rounds of counting. There were 362 active votes in the final round, excluding those ballot papers whose preferences had been exhausted. The quota to be reached was therefore 182 votes. Angus Brendan MacNeil was elected Chair with 188 votes. He will take up his post immediately. I congratulate him on his election. The results of the count under the alternative vote system will be made available as soon as possible in the Vote Office and published on the internet.

I now call Dame Diana Johnson, after whom I shall have to impose a five-minute limit on speeches.

[Dame Diana Johnson]

It is a great pleasure to follow the right hon. Member for Maidenhead (Mrs May). I thank her for highlighting the evidence that we heard this morning at the Home Affairs Committee on the issue of trafficking and modern slavery, and I again pay tribute to the work that she did on that pioneering piece of legislation in 2015.

I think the right hon. Lady is right that the Government do not fully understand the law in this area of modern slavery and trafficking. I support what she said about amendments 95 and 4. I noted that, at the start of proceedings, the Minister said that it is important that we get the Bill right, and it is absolutely important that we do so. As we enter this final stretch for the House to have the opportunity to debate and amend the Bill,

I wish again to express my concerns about the lack of an impact assessment for the Bill. The impact assessment is now seven weeks late, and it is wholly unacceptable that the House is being forced to pass this very significant legislation with no firm analysis on whether it will work or what the cost will be. According to the Refugee Council, the Bill could cost as much as £9 billion over the next three years.

I again refer to the Home Affairs Committee report on small boat crossings, in which we were very clear about the need for evidence-based policy making. It is regrettable that this Bill is being forced through at breakneck speed with no time for pre-legislative scrutiny. I know the Minister has had to table a lot of Government amendments to deal with issues that perhaps should have been thought through before, and we have heard that he will reconsider issues around modern slavery and trafficking as well.

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[Mr Deputy Speaker (Sir Roger Gale)]

Order. Hon. Members will have noticed that we are endeavouring first to call those who have tabled amendments. After that, I or my successor will accommodate as many Members as possible.

[Mrs Elphicke]

I rise to speak to amendment 184, which was tabled in my name and supported by my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) and many other right hon. and hon. Friends.

The stop the boats Bill is important to my Dover and Deal constituency because it focuses specifically on the problems of small boat arrivals by dramatically reducing the pull factor that draws people to the United Kingdom—namely, that once people are here, it is very hard to remove them. The Bill cuts through all that. It says, plainly and simply: “If you’ve arrived here illegally, you won’t be allowed to stay.”

I have long said that the small boats crisis will end only when migrants and people smugglers alike know that they will not succeed. Stopping the boats is the right and compassionate thing to do. It will save lives that are being risked in the channel. The Bill and today’s amendments, particularly new schedule 1, will send a clear and unmistakable message to would-be channel migrants: “If you are thinking of breaking into Britain in a small boat, don’t bother. Save your cash and stay safe on land.”

Let me turn to the details of amendment 184. Clause 4, to which the amendment relates, sets out the circumstances in which human rights and other protection cases can be excluded. Put simply, if a person arrives through the small boats route, they will not be allowed to try to prevent their removal through endless legal appeals paid for by the British taxpayer.

The amendment focuses specifically on those who would put our public safety or national security at risk. This approach is in line with the UN refugee convention and the European convention on human rights, which has always allowed countries to protect themselves from those who would cause the most serious risk of harm to them and their countrymen and women.

The amendment would apply whether or not the country of origin can be identified—for example, if someone is undocumented, perhaps because they have eaten their identity papers or thrown their passport in the channel, or, as border officials tell me has shockingly been the case, if someone has taken razor blades to their fingers to damage and destroy their fingerprints to avoid identification.

At the frontline of my constituency in Dover and Deal, this is not a matter of open-borders fervour or pro-migration ideological dogma, as some of the contributions today have suggested; it is a matter that directly affects my constituency and our country’s safety, security and peace of mind. A key reason why the small boats Bill and amendment 184 matter is that when Dover and Deal residents raise matters of concern, the official Opposition do not back them and do not even believe them. When migrants ran amok and broke into a woman’s house, before being apprehended in a bedroom, the leader of the Labour group on Dover District Council went on TV to cast doubt on residents’ accounts, dismissing them as misreportings. He said that we should be “more generous” to illegal channel migrants.

The reality is that Labour’s new clause 15 is a smokescreen for allowing more legal challenge and more taxpayer costs —more potential loopholes to allow those who would wish our country harm to stay here. New clause 15(2) would require a Secretary of State to consider imposing TPIMs on illegal migrants who are suspected of terrorism, if they cannot remove them, but as the Minister has said, the Government are doing that anyway. The Government will always act to protect the country’s national security.

If Opposition Members want to ensure our country’s safety and security, they should back the Government’s “stop the boats” Bill and they should back swift removals. New clause 15 pretends to be tough, but in fact it would result in slower appeals than the fast-track process the Government have set out. In my constituency we see Labour’s true colours: it is an open-borders, pro-immigration party. It does not want to stop the boats. Just like Brexit, so on small boats: Labour cannot be trusted and does not listen.

I thank the Minister for engaging with us on amendment 184. I have had the reassurance that I sought, as have my right hon. and hon. Friends who support the amendment, so we will not press it to a vote today. I look forward to continuing to engage with the Minister to stop the boats.

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[Apsana Begum]

I rise to speak to a range of amendments and new clauses seeking to protect people from the attacks on basic human dignity that are before the House today. I am supporting new clauses in the name of my hon. Friend the Member for Streatham (Bell Ribeiro-Addy) about the ongoing human rights breaches that migrants endure, which have been happening for some time, but today I shall focus on how the legislation treats those who are pregnant, because not only will the Bill persecute and imprison people fleeing torture, war and oppression, but it will put the health of some of the most vulnerable of them—pregnant women—and the life of their unborn children at risk. That is why I have tabled new clause 2 seeking to exempt pregnant women and girls from provisions about removals. My new clause 3 seeks to require an independent review of the effect of the provision on pregnant migrants, and my new clause 7 is about a review of the effect of the measures on the health of migrants.

I am also supporting related amendments to prevent an immigration officer’s and the Secretary of State’s detention powers from being used to detain unaccompanied children, families with dependent children, or pregnant women, as tabled by my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson).

In order to cut through the dehumanising othering that too often plagues debates on migration—I note the awful nature of the comments made earlier today in response to the hon. Member for Glasgow Central (Alison Thewliss) about the dental testing of young migrants, which I find dehumanising and an othering of different communities—I would like to draw the House’s attention to a real-life example to illustrate the human reality of what is being debated today.

Najma Ahmadi and her family fled from the Taliban and made 20 attempts to cross into Greece from Turkey—20 attempts. On two occasions, Najma nearly drowned, once while pregnant with her baby daughter. She finally arrived in the UK last July on a boat, her terrified one-year-old baby girl clutched against her. Najma and her family were entitled to asylum, which was granted last December, but we must not forget those pregnant women escaping persecution who have died seeking refuge. For example, Yohanna, an Eritrean woman thought to be about 20 years old, who gave birth as she drowned alongside many others, when the boat she was travelling on, trying to get to safety, capsized. And there are many other women who remain unnamed.

These women are not criminals, but this Government are proposing today to treat them worse than criminals, despite knowing that such women are in fact victims of foreign policy failures and the simple, indisputable fact that there were no safe routes for them. They are fleeing countries such as Afghanistan, which has barely had a mention today. As I said during the previous stage of the Bill, as of last month, 22 people had been granted asylum through the Afghanistan resettlement scheme. If that figure has changed, I would be more than happy for the Minister to address it in his closing remarks, but that is such a small number—unless of course the Government have changed tack and do not think there are women trying to escape the Taliban in Afghanistan and believe that they do not deserve safe routes through which to escape.

Not only will the Government refuse sanctuary to those who survive these horrors, but clause 11 will enable the Home Secretary to condemn them to indefinite detention. The Bill will therefore see migrant women who should have finally escaped persecution facing pregnancy and birth alone, without adequate medical support and with the fear of potential separation from their baby.

There is a wealth of information and evidence that the imprisonment of any pregnant women is wrong. We know that pregnant women in prison are almost twice as likely to give birth prematurely and are five times more likely to experience a stillbirth. Yet pregnant refugees are to be placed in circumstances worse than the already inhumane situation of pregnant women in UK prisons such as Manston, where there are outbreaks of illness and disease, reports of assaults and drug use by guards, and which last year was estimated to be detaining thousands of people arriving in Britain via small boats, some for as long as 40 days or more. No one should be detained in such places, never mind those who are pregnant.

The British Medical Association, the Royal College of Midwives, and Maternity Action have all raised that healthcare in immigration detention is often very poor. In 2014, some 99 women were locked up in Serco-run Yarl’s Wood detention centre while pregnant, and research by Medical Justice found they often missed antenatal appointments—

[Mr Deputy Speaker (Sir Roger Gale)]

Order. The hon. Lady is out of time. I call David Simmonds.

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[Olivia Blake]

My hon. Friend makes a good point. It is worth reflecting on the fact that in this week alone the horrifying news about Sudan has reached us and we have seen the horrific circumstances being faced by not only British and dual nationals, but everyone there. While Britain is working hard to evacuate our citizens, we are not talking about safe routes for Sudanese refugees or a homes for Sudan scheme, and there are no dedicated resettlement routes and no numbers confirmed in respect of what countries the UNHCR should be prioritising in trying to help with what the Minister was outlining earlier. Even with Government new clause 8, the best this Bill could offer is a commitment to a report on safe routes, but with no actual, tangible commitments to open new ones. What are people fleeing war and persecution in Sudan, or anywhere else, supposed to do with that? By the time anything comes from this report, it will be too late for them, they will be on their way.

The amendments I cited earlier have been tabled because no serious attempt has been made in this Bill to ensure that vulnerable people are protected. That has been outlined well in the discussion we have had on modern slavery, so I will not add to that. The purpose of the Bill is the complete opposite of providing safe and legal routes for people to claim asylum. At their core, these proposals are not about helping anyone or making anyone safer, and they are not about making our borders safer; they are simply about attacking the rights of refugees, for the sake of electoral expedience and managing unruly Government Back Benchers. At the centre of this is a paradox: how can someone claim asylum if they are not on UK soil and they have to be on UK soil to claim asylum? How can they take a safe and legal route if there is no safe and legal route that works for them or is available to them? How can they claim safety in the first country they get to if that country persecutes them because they are LGBT, or they have a disability or religion—

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I am afraid that the hon. Lady is out of time. I call Sir William Cash.

[Sir William Cash]

Thank you, Mr Deputy Speaker. I wish to start by asking a big question: what is this Bill ultimately going to achieve? The European convention on human rights was introduced in the 1950s, and at that time I would have agreed with every word that has been said in respect of its application to the holocaust and to genuine refugees. However, what we have witnessed recently has been the phenomenon of this small boats problem, which does not just affect the UK. It also affects Italy, and Madam Meloni, whom I gather is coming over to see the Prime Minister tomorrow, is certainly going to have something to say about that. The problem is endemic and has to be dealt with.