Illegal Migration Bill

Baroness Winterton of Doncaster Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Sam Tarry (Ilford South) (Lab)]

My constituency is the most diverse in the entire country; 80% of our community has heritage from a different part of the world. Many of my constituents, including the multiple hotels that we have holding asylum seekers and refugees, welcome those people into our community. In Ilford we embrace humanity and the differences in our community. We recognise the struggles that we all face, and that blaming each other for the ills that our country faces is not the right way forward. Our local churches helped Afghan and Iraqi refugees find Korans so that they could practise their prayer. It is wrong for Conservative Members to say that this is not about our constituents.

Let me be absolutely clear—I am speaking on behalf of my constituents—that the Bill is the most inhumane and unjust piece of legislation. It will do nothing to solve any of the problems that the Home Secretary outlined today. If it passes, it will effectively criminalise asylum in this country and allow the Government to commit flagrant human rights abuses without any real consequence. The United Nations says that the Bill would breach the refugee convention and undermine a long-standing humanitarian tradition of which the British people and I are proud, instead punishing people fleeing persecution and conflict—conflict that is often the consequence of decisions taken in this place and by our country, historically or in more recent times.

In the short time that I have, I want to tackle the incendiary rhetoric from this Government. It is the playbook for the next election from a desperate Government. I have spent a large part of my life fighting the far right, not just in Barking and Dagenham but across the country. Some of the language that I have heard over the past months and days has reminded me of the language that people like Nick Griffin used to describe people. It is appalling, it is un-British, it is unacceptable, and it needs to be challenged.

In a recent report, Hope not Hate said that there is growing alignment between the language of the traditional far right and the language used by the mainstream right. Those on the Conservative Benches are supposed to be the mainstream right, but I look at that side of the House and it is just like a turbocharged UKIP. You should be ashamed of yourselves for this Bill.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order.

[Sam Tarry]

Madam Deputy Speaker, I will finish simply by saying that if the desire is to prevent children from making these dangerous journeys and to protect them, the solution is clear: more safe routes for resettlement, and expanding and improving the existing family reunion schemes.

[Madam Deputy Speaker]

The hon. Member knows that you do not address directly other hon. Members.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It is obvious that not everyone will get in. The final speakers—they know who they are—have said that they will try to take two minutes, which means that I can get four more speakers in. David Simmonds will lead the way.

Illegal Migration Bill

Baroness Winterton of Doncaster Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Sir William Cash (Stone) (Con)]

I beg to move amendment 133, page 40, line 7, at end insert—

“(2A) A suspensive claim, or an appeal in relation to a suspensive claim (only as permitted by or by virtue of this Act), shall be the only means through which a removal notice may be challenged.

(2B) Accordingly, other than claims identified in (2A), there shall be no interim relief, or court order, or suspensive legal challenges of any kind, available which would have the effect of preventing removal.”

This amendment intends to ensure that the only way to prevent a person’s removal is through a successful suspensive claim.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Amendment 76, 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.”

Amendment 77, page 40, line 22, after “a country or territory” insert

“where there are, in law and in practice—

“(i) appropriate reception arrangements for asylum seekers;

(ii) sufficiency of protection against serious harm and violations of fundamental rights;

(iii) protection against refoulement;

(iv) access to fair and efficient State asylum procedures, or to a previously afforded refugee status or other protective status that is inclusive of the rights and obligations set out at Articles 2-34 of the 1951 Convention.

(v) the legal right to remain during the State asylum procedure; and

(vi) if found to be in need of international protection, a grant of refugee status that is inclusive of the rights and obligations set out at Articles 2-34 of the 1951 Convention and”.

This amendment changes the definition of a “third country”.

Clause stand part.

Clause 38 stand part.

Amendment 78, in clause 39, page 41, line 19, leave out “not”.

Amendment 79, in clause 39, page 41, line 22, leave out “no” and insert “a”.

Amendment 134, in clause 39, page 41, line 28, leave out subsections (3) to (5) and insert—

“(3) The Secretary of State must declare as inadmissible any human rights claim, protection claim, application for judicial review, or other legal claim which is not a suspensive claim or an appeal in relation to a suspensive claim, and which, if successful, would have the effect of preventing the removal of a person from the United Kingdom under this Act.”

This amendment intends to ensure that the only way to prevent a person’s removal is through a successful suspensive claim, as defined in clause 37.

Amendment 80, in clause 39, page 41, line 37, leave out “no” and insert “a”.

Clause 39 stand part.

Amendment 81, in clause 40, page 42, line 10, leave out from “and” to the end of line 16 and insert

“decide whether to accept or reject the claim.”

Amendment 82, in clause 40, page 42, line 17, leave out subsection (3).

Amendment 83, in clause 40, page 42, line 30, leave out “compelling evidence” and insert

“evidence that there is a real risk”.

Amendment 84, in clause 40, page 42, line 34, leave out from the start of paragraph (b) to the end of subsection (5).

Amendment 85, in clause 40, page 43, line 1, leave out “8” and insert “21”.

Amendment 86, in clause 40, page 43, line 3, leave out “4” and insert “7”.

Clause 40 stand part.

Amendment 87, in clause 41, page 43, line 20, leave out subsection (3).

Amendment 88, in clause 41, page 43, line 28, leave out “compelling evidence” and insert

“evidence on the balance of probabilities”.

Amendment 89, in clause 41, page 43, line 31, leave out from the start of paragraph (b) to the end of subsection (5).

Amendment 90, in clause 41, page 43, line 40, leave out “8” and insert “21”.

Amendment 91, in clause 41, page 43, line 42, leave out “4” and insert “7”.

Clause 41 stand part.

Amendment 92, in clause 42, page 44, line 18, leave out paragraph (a) and insert—

“(a) in the case of a serious harm suspensive claim—

(i) the grounds in section 84(1) or (2) of the Nationality, Immigration and Asylum Act 2002, or

(ii) the grounds that the person is a victim of slavery or a victim of human trafficking;”.

Amendment 93, in clause 42, page 44, line 25, leave out

“contain compelling evidence of such ground”

and insert

“set out the grounds for appeal”.

Amendment 94, in clause 42, page 44, line 27, leave out “must” and insert “may”.

Amendment 95, in clause 42, page 44, line 30, leave out “must” and insert “may”.

Amendment 96, in clause 42, page 44, line 34, leave out paragraphs (a) and (b) and insert

“whether to allow or refuse the appeal”.

Amendment 97, in clause 42, page 44, line 41, leave out subsection (7).

Clause 42 stand part.

Amendment 98, in clause 43, page 45, line 14, leave out from “considers” to the end of subsection (3) and insert

“there are reasonable grounds to believe that the claim is not bound to fail.”

Amendment 99, in clause 43, page 45, line 20, leave out

“there is compelling evidence that”.

Amendment 100, in clause 43, page 45, line 30, leave out subsection (7).

Clause 43 stand part.

Amendment 101, in clause 44, page 46, line 4, leave out “compelling” and insert “good”.

Amendment 102, in clause 44, page 46, line 5, insert at end

“or if the risk of serious and irreversible harm faced by the person is such that the claim ought to be considered despite it having been made after the end of the claim period”.

Amendment 103, in clause 44, page 46, line 6, leave out “compelling” and insert “good”.

Amendment 104, in clause 44, page 46, line 10, leave out “compelling” and insert “good”.

Amendment 105, in clause 44, page 46, line 12, leave out “compelling” and insert “good”.

Amendment 106, in clause 44, page 46, line 15, leave out paragraph (a) and insert—

“(a) set out the good reasons for the person not making the claim within the claim period, and”.

Amendment 107, in clause 44, page 46, line 18, at end insert

“unless the Upper Tribunal considers that an oral hearing is necessary to secure that justice is done in the particular case”.

Amendment 108, in clause 44, page 46, line 22, leave out subsection (7).

Amendment 109, in clause 44, page 46, line 30, leave out “4” and insert “7”.

Clause 44 stand part.

Government amendment 67.

Amendment 41, in clause 45, page 47, line 21, at end insert—

“(2A) In cases where subsection (2) applies to a person who has made a protection claim or a human rights claim, that claim may no longer be considered inadmissible.”

This amendment stipulates that where a person has successfully made a suspensive claim against their removal from the UK, any asylum or human rights claim made by that person can no longer be classed as inadmissible.

Government amendment 69 and 68.

Clause 45 stand part.

Amendment 110, in clause 46, page 48, line 1, leave out subsections (3) to (10).

Clause 46 stand part.

Amendment 111, in clause 47, page 48, line 34, leave out “7” and insert “10”.

Amendment 112, in clause 47, page 48, line 41, leave out “23” and insert “28”.

Amendment 113, in clause 47, page 49, line 7, leave out “7” and insert “10”.

Amendment 114, in clause 47, page 49, line 11, leave out “7” and insert “14”.

Amendment 115, in clause 47, page 49, line 18, leave out “7” and insert “10”.

Amendment 116, in clause 47, page 49, line 22, leave out “7” and insert “14”.

Clause 47 stand part.

Amendment 117, in clause 48, page 49, line 32, leave out “or refuse”.

Amendment 118, in clause 48, page 49, line 35, leave out “or refuse”.

Clause 48 stand part.

Amendment 119, in clause 49, page 50, line 17, leave out from “provision” to the end of subsection (1) and insert

“to ensure compliance with interim measures indicated by the European Court of Human Rights as they relate to the removal of persons from the United Kingdom under this Act.”

Amendment 122, in clause 49, page 50, line 30, at end insert—

“(2A) Regulations under subsection (1) may not make provision so as to deny or undermine the binding effect of such measures on the United Kingdom under Article 34 of the European Convention on Human Rights.”

This amendment would recognise that the UK is bound to comply with interim measures issued by the European Court of Human Rights, and would ensure that any regulations made under clause 49 do not undermine this. This amendment is consistent with recommendations made by the Joint Committee on Human Rights in its report on the Bill of Rights Bill.

Clause 49 stand part.

Amendment 120, in clause 50, page 51, leave out line 21.

Clause 50 stand part.

Amendment 179, in clause 51, page 53, line 3, 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 the target number of entrants using safe and legal routes.

Amendment 177, in clause 51, page 53, line 3, leave out “maximum” and insert “target”.

The purpose of this amendment is to set a target, rather than a maximum, number of entrants through safe and legal routes.

Amendment 180, in clause 51, page 53, line 6, leave out “making the regulations” and insert

“securing the resolution mentioned in subsection (1)”.

This amendment is consequential on Amendment 179.

Amendment 173, in clause 51, page 53, line 7, after “authorities”, insert—

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

(ab) the Scottish Ministers,

(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.

Amendment 176, in clause 51, page 53, line 12, leave out “exceeds” and insert

“is greater or less than 10% of”.

The purpose of this amendment is to require the Secretary of State to explain the reasons why, if the target for entrants through safe and legal routes is not met.

Amendment 178, in clause 51, page 53, line 17, after “exceeds” insert “or falls short of”.

This amendment is consequential on Amendment 176.

Amendment 137, in clause 51, page 53, line 29, at end insert—

““Persons” means a person over the age of 18 on the day of entry into the United Kingdom;”.

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

Amendment 72, in clause 51, page 53, line 31, at end insert

“under section [Safe and legal routes: regulations]”.

Amendment 149, in clause 51, page 53, line 31, at end insert—

“(7) Regulations under subsections (1) and (6) must come into force no later than three months from the date on which this Act comes into force.”

This amendment seeks to require that regulations to establish the cap on the number of people permitted to enter the UK via safe and legal routes must be in effect by three months from this Bill’s entry into force.

Clause 51 stand part.

Government new clause 11—Judges of First-tier Tribunal and Upper Tribunal.

Government new clause 12—Special Immigration Appeals Commission.

New clause 3—Refugee resettlement target—

“(1) The Secretary of State must make an order by statutory instrument setting an annual target for the resettlement of refugees to the United Kingdom.

(2) An order under subsection (1) must set an annual target of no fewer than 10,000 people.”

This new clause would require the Secretary of State to set a resettlement target, by order, each year of at least 10,000 people.

New clause 4—Humanitarian travel permit—

“(1) On an application by a person (“P”) to the appropriate decision-maker for entry clearance, the appropriate decision-maker must grant P entry clearance if satisfied that P is a relevant person.

(2) For the purposes of subsection (1), P is a relevant person if—

(a) P intends to make a protection claim in the United Kingdom;

(b) P’s protection claim, if made in the United Kingdom, would have a realistic prospect of success; and

(c) there are serious and compelling reasons why P’s protection claim should be considered in the United Kingdom.

(3) For the purposes of subsection (2)(c), in deciding whether there are such reasons why P’s protection claim should be considered in the United Kingdom, the appropriate decision-maker must take into account—

(a) the extent of the risk that P will suffer persecution or serious harm if entry clearance is not granted;

(b) the strength of P’s family and other ties to the United Kingdom;

(c) P’s mental and physical health and any particular vulnerabilities that P has; and

(d) any other matter that the decision-maker thinks relevant.

(4) For the purposes of an application under subsection (1), the appropriate decision-maker must waive any of the requirements in subsection (5) if satisfied that P cannot reasonably be expected to comply with them.

(5) The requirements are—

(a) any requirement prescribed (whether by immigration rules or otherwise) under section 50 of the Immigration, Asylum and Nationality Act 2006; and

(b) any requirement prescribed by regulations made under section 5, 6, 7 or 8 of the UK Borders Act 2007 (biometric registration).

(6) No fee may be charged for the making of an application under subsection (1).

(7) An entry clearance granted pursuant to subsection (1) has effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order.

(8) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under subsection (7), that person is deemed to have made a protection claim in the United Kingdom.

(9) In this section—

“appropriate decision-maker” means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph (1);

“entry clearance” has the same meaning as in section 33(1) of the Immigration Act 1971;

“persecution” is to be construed in accordance with its meaning in the Refugee Convention;

“protection claim” in relation to a person, means a claim that to remove them from or require them to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—

(a) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention (“the Refugee Convention”);

(b) in relation to persons entitled to a grant of humanitarian protection; or

(c) under Article 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 (“the European Convention on Human Rights”); and

“serious harm” means treatment that, if it occurred within the jurisdiction of the United Kingdom, would be contrary to the United Kingdom's obligations under Article 2 or 3 of the European Convention on Human Rights (irrespective of where it will actually occur).”

New clause 6—Safe Passage Pilot Scheme—

“(1) The Secretary of State must by regulations made by statutory instrument establish a humanitarian travel permit scheme.

(2) The scheme under this section must come into operation within 3 months of the date on which this Act is passed and must remain in operation for at least 12 months.

(3) The scheme under this section must permit persons from designated countries or territories (see subsections (3) and (4) below) to enter the United Kingdom for the purpose of making a claim for asylum immediately on their arrival in the United Kingdom.

(4) The regulations under subsection (1) must designate countries or territories from which nationals or citizens may be considered for humanitarian permits under this section.

(5) Countries or territories designated under subsection (4) may include only countries or territories from which the proportion of decided asylum claims which have been upheld in the United Kingdom in the 5 years before the date on which this Act is passed is at least 80 per cent.

(6) Regulations made under subsection (1) are subject to annulment by resolution of either House of Parliament.

(7) The Secretary of State must lay before Parliament an evaluation of the humanitarian travel permit scheme under this section not later than 15 months from the date on which this Act is passed.”

New clause 7—Refugee family reunion—

“(1) The Secretary of State must, within 6 months of the date on which this Act is passed, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for refugee family reunion, in accordance with this section, to come into effect after 21 days.

(2) Before a statement of changes is laid under subsection (1), the Secretary of State must consult with persons as the Secretary of State deems appropriate.

(3) The statement laid under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for family members of a person granted refugee status or humanitarian protection.

(4) In this section, “refugee status” and “humanitarian protection” have the same meaning as in the immigration rules.

(5) In this section, “family members” include—

(a) a person's parent, including adoptive parent;

(b) a person's spouse, civil partner or unmarried partner;

(c) a person's child, including adopted child, who is either—

(i) under the age of 18, or

(ii) under the age of 25 but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum;

(d) a person's sibling, including adoptive sibling, who is either—

(i) under the age of 18, or

(ii) under the age of 25, but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum; and

(e) such other persons as the Secretary of State may determine, having regard to—

(i) the importance of maintaining family unity,

(ii) the best interests of a child,

(iii) the physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person,

(iv) any risk to the physical, emotional or psychological wellbeing of a person who was granted refugee status or humanitarian protection, including from the circumstances in which the person is living in the United Kingdom, or

(v) such other matters as the Secretary of State considers appropriate.

(6) For the purpose of subsection (5)—

(a) “adopted” and “adoptive” refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules;

(b) “best interests” of a child must be read in accordance with Article 3 of the 1989 UN Convention on the Rights of the Child.”

This new clause would make provision for leave to enter or remain in the UK to be granted to the family members of refugees and of people granted humanitarian protection.

New clause 10—Safe passage visa scheme—

“(1) Within three months of the passing of this Act, the Secretary of State must lay before Parliament statements of changes to the immigration rules to make provision for a safe passage visa scheme (referred to in the remainder of this section as the “scheme”).

(2) The purpose of the scheme referred to in subsection (1) is to enable a qualifying person to travel safely to the United Kingdom in order to make an application for asylum (within the meaning given by paragraph 327 of the immigration rules) or a claim for humanitarian protection (within the meaning given by paragraph 327EA of the immigration rules).

(3) A person is a “qualifying person” for the purposes of subsection (2) if the person—

(a) is present in a member State of the European Union when the person makes an application to the scheme;

(b) is not a national of a member State of the European Union, Liechtenstein, Norway or Switzerland; and

(c) would, on securing entry to the United Kingdom, be able to make—

(i) a valid application for asylum in accordance with paragraph 327AB of the immigration rules; or

(ii) a valid claim for humanitarian protection in accordance with paragraph 327EB of the immigration rules,

which would not be clearly unfounded.

(4) For the purposes of determining whether the conditions in subsection (3)(c) above are satisfied, the following are disapplied—

(a) the conditions in subsections (4) and (5) of section 80C of the Nationality, Immigration and Asylum Act 2002; and

(b) the duty in section 2(1) of this Act.

(5) Changes to the immigration rules made under this section must also make provision for—

(a) applications to the scheme, including—

(i) identification of the relevant gov.uk webpage through which applications must be made;

(ii) the provision of relevant biometric data by the person;

(iii) the supplying of relevant information and supporting documentation related to applications;

(iv) confirmation that applications will be without cost to applicants; and

(v) provision for legal aid in relation to applications made to the scheme;

(b) any additional suitability requirements for applications to the scheme, including matters referred to in Part 9 of the immigration rules;

(c) entry requirements for those granted entry clearance under the scheme, including the requirement that the person be provided with a letter by the Secretary of State confirming that the person can enter the United Kingdom;

(d) limitations on the entry clearance granted under the scheme, including provision that clearance is provided solely to enable the person to make an application for asylum or a claim for humanitarian protection and requiring that such an application or claim be made immediately on entry into the United Kingdom; and

(e) appeal rights for those denied entry clearance under the scheme, including legal aid to be made available for persons making such appeals.

(6) The scheme referred to in this section is to be specified as a “safe and legal route” for the purposes of regulations referred to in section 51(6) of this Act.

(7) In this section “immigration rules” means rules under section 3(2) of the Immigration Act 1971.”

New clause 13—Safe and legal routes: regulations—

“(1) The Secretary of State must by regulations specify safe and legal routes by which asylum seekers can enter the United Kingdom.

(2) The routes specified must include—

(a) any country-specific refugee and resettlement schemes already in operation on the day this Act is passed; and

(b) safe and legal routes additional to those in subsection (2)(a).

(3) The regulations must set out which routes specified under subsection (2)(b) are available to—

(a) adults, and

(b) unaccompanied children.

(4) The regulations must make provision about—

(a) who is eligible to access the routes specified under subsection (2)(b); and

(b) the means by which such persons may access the routes.”

New clause 17—Safe and legal routes—

“(1) The Secretary of State must within six months of the date on which this Act is passed lay before Parliament a report setting out—

(a) all safe and legal routes which individuals from relevant countries may take in order to apply lawfully for asylum in the United Kingdom; and

(b) the numbers of applicants in each of the last five years who have followed each of those safe and legal routes.

(2) The report must be approved by a resolution of each House of Parliament.

(3) A person originating from a relevant country may not be removed from the United Kingdom unless a safe and legal route from that country has been set out in a report under subsection (1).

(4) For the purposes of this section “relevant countries” means—

(a) every country or territory not listed in the Schedule; and

(b) in relation to all applicants other than men, those countries listed in the Schedule in respect of men.”

This new clause would require the Secretary of State to set out a comprehensive list of safe and legal routes to the UK from countries not listed in the Schedule, as the latter are by definition countries the Government considers “safe”. A person could not be removed from the UK to a country not listed in the Schedule unless a safe and legal route from that country to the UK exists.

New clause 19—Refugee family reunion—

“(1) The Secretary of State must, within two months of the day on which this Act is passed, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulations and control ) to make provision for refugee family reunion, in accordance with this section, to come into effect after 21 days.

(2) The statement made under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for family members of a person—

(a) granted refugee status or humanitarian protection,

(b) resettled through Pathways 1 or 3 of the Afghan Resettlement Scheme, or

(c) who is permitted to enter the United Kingdom through a safe and legal route specified in regulations made under section 51(1) (see also subsection (6) of that section).

(3) In this section, “family members” include a person’s—

(a) parent, if the person was under the age of 18 at the time they made an application for protection status within the meaning of subsection (4) in the United Kingdom, including adoptive parent;

(b) spouse, civil partner or unmarried partner;

(c) child, including adopted child, who is either—

(i) under the age of 18

(ii) aged 18 or over and dependant on the person;

(d) sibling, including adoptive sibling, who is either—

(i) under the age of 18, or

(ii) under the age of 25 but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum; and

(e) such other persons as the Secretary of State may determine, having regard to—

(i) the importance of maintaining family unity,

(ii) the best interests of the child,

(iii) the physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person,

(iv) any risk to the physical, emotional or psychological wellbeing of a person who was granted refugee status or humanitarian protection, including from the circumstances in which the person is living in the United Kingdom, or

(v) such other matters as the Secretary of State considers appropriate.

(4) For the purpose of subsection (3)—

(a) “adopted” and “adoptive” refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules;

(b) “best interests” of a child is to be read in accordance with Article 3 of the 1989 UN Convention of the Rights of the Child.”

New clause 23—Asylum processing for low grant-rate countries—

“(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 low grant-rate countries who have arrived in the UK without permission.

(2) Within this section, “low grant-rate countries” are defined are countries with a grant rate for asylum applicants below 50% in the 12 months preceding the initial decision being taken.”

This new clause requires the Home Secretary to establish a process to fast-track asylum claims from safe countries.

New clause 24—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’) under section 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 previous observed by the UK as part of the Dublin system.

New clause 25—International co-operation—

“(1) The Secretary of State must, within three months of the date on which the Illegal Migration Act 2023 comes into force, publish and lay before Parliament a framework for new agreements to facilitate co- operation 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 prevention of unlawful entry to the United Kingdom from neighbouring countries;

(c) the prosecution and conviction of persons involved in facilitating illegal entry to the United Kingdom from neighbouring countries;

(d) securing access for the relevant authorities to international databases for the purposes of assisting law enforcement and preventing illegal entry to the United Kingdom; and

(e) establishing controlled and managed safe and legal routes.

(2) In subsection (1)—

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

(b) “relevant international organisations” means—

9. Europol;

10. Interpol;

11. Frontex;

12. the European Union; and

13. any other organisation which the Secretary of State may see fit to consult with.

(c) “relevant authorities” means—

(i) police forces;

(ii) the National Crime Agency;

(iii) the Crown Prosecution Service; and

(iv) any other organisation which the Secretary of State may see fit to include within the definition.

(d) “international databases” means—

(i) The Eurodac fingerprint database;

(ii) the Schengen Information System; and;

(iii) any other database which the Secretary of State may see fit to include within the definition.

(e) “controlled and managed safe and legal routes” includes—

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

(ii) other resettlement schemes.”

This new clause would require the Secretary of State to lay before Parliament a framework on new agreements to facilitate co-operation with the governments of neighbouring countries and relevant international organisations on matters related to the removal of people from the United Kingdom.

New clause 26—Equality Impact—

“The Secretary of State must lay before Parliament an equality impact assessment of the measures in sections 37 to 51 of this Act with, in particular, an assessment of the extent to which people with protected characteristics under the Equality Act 2010 will be particularly affected by the changes to legal proceedings and by the cap on numbers of entrants using safe and legal routes.”

Government amendment 66.

Amendment 73, in clause 57, page 57, line 2, at end insert—

“(o) section [Safe and legal routes: regulations]”.

Amendment 74, in clause 57, page 57, line 7, at end insert—

“(7) No regulations may be made under subsection (1) until regulations specifying safe and legal routes have been made under section [Safe and legal routes: regulations].”

Amendment 75, in clause 1, page 2, line 13, at end insert—

“(i) establishes and defines safe and legal routes to be open to refugees and asylum seekers with a legitimate claim to be able to come to the United Kingdom legally.”

Amendment 131, in clause 1, page 2 , line 29, at end insert—

“(6) Provision made by or by virtue of this Act must be read and given effect to notwithstanding any judgement, interim measure or other decision, of the European Court of Human Rights, or other international court or tribunal; and notwithstanding any international law obligation.”

The intention of this amendment is that the provisions of the Bill should operate notwithstanding any orders of the Strasbourg court or any other international body.

Amendment 132, in clause 1, page 2, line 29, at end insert—

“(7) Section 4 (declaration of incompatibility), section 6 (acts of public authorities) and section 10 (power to take remedial action) of the Human Rights Act 1998 do not apply in relation to provision made by or by virtue of this Act.”

This amendment would disapply other provisions of the Human Rights Act 1998 in addition to that already disapplied by clause 1(5) of the Bill.

[Sir William Cash]

I voted for the Bill on Second Reading because it was most emphatically going in the right direction, but I emphasised that we wanted to be sure that it would actually work in the national interest by preventing illegal immigration. The Bill is getting better with the amendments proposed by the Government today, for which all credit to the Home Secretary, the Immigration Minister and the Prime Minister. The number of Back Benchers who are supporting our constructive amendments, including mine, is growing.

This Bill to stop the boats is both legally and politically necessary, because illegal migration is out of control, partly because of a failure to distinguish between genuine refugees and others who are illegal and economic migrants. This is not only a real problem in the UK; increasingly, it is a real global and European problem as well, as can be seen from the dreadful tragedies in the Mediterranean in the last few weeks and months.

This legislation sets out a fair regime for dealing with people who have arrived here illegally. It gives them a reasonable but limited ability to raise any exceptional reasons as to why it is unsafe for them to be sent to Rwanda or another safe country. These are known as suspensive claims, and they are clearly defined in clause 37. Those claims ensure that we are compliant with our international obligations and that we would not send somebody overseas if they were not medically fit to fly or if they would face persecution in the destination country.

The success of this scheme depends on it working predictably and quickly. Those who come over on small boats need to know that they will not be able to stay here and that the vast majority of them will be removed to Rwanda or elsewhere. If courts intervene in unexpected ways, it removes the deterrence and the whole scheme breaks down, along with our ability to control our own borders.

However, this is also a procedural, legal and judicial issue, because under the Human Rights Act 1998, the UK courts have not been given suitable guidance by Parliament via statute to draw the appropriate boundaries that are needed in the national interest. As I pointed out on Second Reading, for example, the international refugee convention does not apply between the UK and France, because France is not a country where asylum seekers fear persecution, yet the European Commission is by all accounts refusing to make legal changes to EU law to allow returns of illegal asylum seekers from the UK to France. There are also provisions setting out other named safe countries. I ought to remind House what happened when the Dublin regulation was torn up by Angela Merkel and 600,000 or so refugees were allowed to pour into Europe.

When the Human Rights Act was passed in 1998, I was in the House of Commons. Human rights lawyers and activists claimed that the Act was a “constitutional Rubicon” enabling the courts to override parliamentary sovereignty. This was a massively overstated and exaggerated claim that is refuted by clear statements, which I hope those on the Labour Front Bench will take on board, made by the then Lord Chancellor, Lord Irvine of Lairg, in the House of Lords on its Second Reading on 3 November 1997. He said of the legislation:

“It maximises the protection of human rights without trespassing on parliamentary sovereignty.”

He also stated that

“the remedial action will not retrospectively make unlawful an act which was a lawful act—lawful since sanctioned by statute.”—[Official Report, House of Lords, 3 November 1997; Vol. 582, c. 1229.]

But the question remained: what does statute provide?

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The amendments are also supported more broadly, including by experts such as Professor Richard Ekins and former First Parliamentary Counsel Sir Stephen Laws in their Policy Exchange report. We have asked the Government to engage with us constructively and give us firm assurances today on the Floor of the House that they will improve the Bill in the light of our amendments. On the basis that they do give such assurances, which I understand that they will, I will not press my amendment to a vote.

[The Chairman of Ways and Means (Dame Rosie Winterton)]

I hope that colleagues will bear in mind the fact that I cannot put time limits on speeches during Committee stage. I will prioritise those Members who have amendments on the Order Paper. I call the shadow Minister.

[Stephen Kinnock (Aberavon) (Lab)]

I start by reiterating the point that I made in closing the debate on Second Reading: we on the Labour Benches are absolutely clear that we must bring the dangerous channel crossings to an end, and that we must destroy the criminal activity of the people smugglers. Indeed, Labour has a five-point plan to do just that. It is a plan based on common sense, hard graft and quiet diplomacy, as opposed to the headline-chasing gimmicks that are the stock in trade of those on the Government Benches.

Our opposition to the Bill—and our introduction of the amendments on which I am about to speak—is based on the fact that it will serve only to make it harder for the Government to achieve their stated aims. The central premise of the Bill is that it will act as a deterrent by banning the right to asylum and replacing it with blanket detention and removals policies. For a deterrent to be effective, it must be credible, and the Bill fails the credibility test because there is nowhere near enough capacity to detain asylum seekers in the UK, there is no returns agreement with the EU, and the Rwandan Government are agreeing to commit to take only thousands at some unspecified future date. That means the boats will keep on coming, the backlog will keep on growing, and the hotels will keep on filling, all of which leaves the House in the somewhat surreal position of debating a Bill that everyone knows is not really worth the paper on which it is written, and yet we must all go through the motions and pretend that we are participating in a meaningful process.

Nevertheless, I assure you, Dame Rosie, and the entire House that Labour Members will do all that we can to amend and improve the Bill in a concerted effort to limit the damage that it will inflict on the international reputation of our country, on the cohesion of our communities, and on the health and wellbeing of those who have come to our country in the hope of sanctuary from the violence and persecution from which they are fleeing.

--- Later in debate ---

[Stephen Kinnock]

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

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

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

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Forgive me: I should have reminded Members at the beginning of the debate that when we are in Committee, it is customary to either call me by name or address me as Madam Chair, rather than Madam Deputy Speaker. It is a very common mistake, don’t worry; I should have reminded Members at the beginning of the debate.

I call Tim Loughton.

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

Thank you very much, Dame Rosie. I rise to speak to six amendments that stand in my name and those of right hon. and hon. colleagues: new clauses 13 and 19 and amendments 72 to 75. I am glad to hear the Minister refer to his support for safe and legal routes, because that is the basis of these amendments. I look forward to some warm words from him later on.

This is a very heated subject and a very controversial Bill, so I will start with something that I hope we can all agree on: coming across the channel in small boats is the worst possible way to gain entry to the United Kingdom. We need to be ruthless against the people smugglers who benefit from that miserable trade. We want to continue to offer safe haven for those genuinely escaping danger and persecution, and in a sustainable way. That is why safe and legal routes are the obvious antidote to that problem. The migration system, as it stands, is broken. Whatever we think about this Bill, it is only one part of the solution that we need to bring forward, and the Home Office needs to beef up the processing times and the removals of those who do not have a legitimate claim. We also need more return agreements.

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[Tim Loughton]

I am grateful for that intervention from my right hon. and learned Friend, with his huge legal expertise and experience from his former roles. That is the point. We need to isolate the bogus asylum seekers who are paying people smugglers. We do that by making it clear that we are open to genuine cases of people fleeing danger, and there is a legitimate, practical, and usable route for them. If people do not qualify for that, they should not try to get in a boat because they stand no chance of having their claims upheld if they make it across. I am just trying to achieve a balance. If Members want the Bill to go through, we need to have safe and legal routes in it to make it properly balanced. If you do not like the Bill but you want safe and legal routes, you need to support the Bill to get those safe and legal routes. This is mutually beneficial to those on either side of the argument on the Bill.

New clause 19 outlines how a refugee family reunion scheme would work. It includes a wide definition of close family members, including people who are adopted. Again, this is nothing new but it is a generous scheme that would do what it says on the tin.

Amendment 74 is an important consideration. The Government have said that they want the Bill to go through to be able to clamp down on the small boats. I have no problem with that. There are some things in here that are not quite as moderate as I would like, but I think it is necessary for the Bill to go through so I am trying to improve it. However, the Government have said that they will consult on safe and legal routes—we need to consult on safe and legal routes because local authorities, and others, will bear the brunt of how we accommodate many of these candidates—and then come up with some safe and legal routes. That is not good enough. The two sides of the Bill must be contemporaneous. We must not to be able to bring in these tough measures until those safe and legal routes are operational so people can have the option to go down the safe and legal route, rather than rely on people smugglers.

The Government will say, “We need to consult.” Well, start that now because we need to consult with local authorities about how we get more people out of hotels now and into sustainable accommodation for the long term. The Government should be getting on with the consulting now, so that when the Bill eventually goes through—I suspect it may take a while to get through the other place—those safe and legal routes are up and running and ready to go. So amendment 74 is important.

Amendment 75 would add safe and legal routes as one of the purposes of the Bill in clause 1. Clause 1 is all about clamping down on illegal migration—quite right—but it should also be about the balance of providing those safe and legal routes. I want to put that in clause 1, at the start of the Bill. Amendments 72 and 73 are contingent on all of the above.

That is all I am trying to do. Lots of people are trying to misrepresent and cause mischief about the Bill, and in some cases on safe and legal routes. I will end on my own experience when I appeared on the BBC “Politics South East” two weeks ago. I was talking about safe and legal routes and I was challenged, “Why are you supporting this Bill when you were so keen on safe and legal routes and challenged the Home Secretary?” I said, “Because this Bill contains provisions for safe and legal routes.” It does. It talks about “safe and legal routes”, capping numbers and everything else. The following week on the same programme, with no recourse to me, the presenter read out an email from the Home Office, having got in contact with it, unbeknownst to me, to ask about my claim on safe and legal routes. The Home Office apparently replied:

“Nothing in the Bill commits the Government to opening new safe and legal routes or increasing the numbers.”

That was news to me, news to Home Office Ministers—[Laughter.] Hold on, the hon. Member for Aberavon (Stephen Kinnock) may not be laughing in a minute. I was accused of being misleading. When I challenged that, it turned out that the Home Office communiqué actually said that the routes to be included as part of the approach set out for the new Bill would be set out in the regulations, which would depend on a number of factors, including the safe and legal routes that the Government offered at the time the regulations were prepared and, that, as the Prime Minister said, we would “get a grip” on illegal migration and then bring in more safe and legal routes. So actually that is provided for in the Bill.

The BBC completely misrepresented my comments and, I am glad to say, yesterday issued an apology and gave me a right of reply. Let us stick to the facts. Let us not get hung up on all the prejudice about this. We have a problem in this country, which is that last year just under 46,000 people came across in the most inappropriate and dangerous manner. We do not have the capacity to deal with people in those numbers, many of whom have unsustainable claims, and we have to get to grips with it. The Bill is a genuine attempt to get to grips with that issue. It would be much more palatable and workable if it contained a balance that has safe and legal routes written into it that come in at the same stage. I would challenge the Opposition to say that they have a better scheme for how we deal with this dreadful problem. Simply voting against all the measures in the Bill is not going to help anyone.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I call the SNP spokesperson.

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

Do we support international human rights protections or do we not? Are we steadfast in our adherence to the European convention on human rights, the refugee convention and other international treaties we have signed up to, or are we not? To me, it is extraordinary that those simple questions are even apparently subject to debate, but those simple questions are precisely what this appalling Bill is asking of us, including in the clauses we are debating today.

The United Nations High Commissioner for Refugees has been clear that the Bill breaches the refugee convention. The Council of Europe Commissioner for Human Rights has written to us all today to warn it is:

“essential that Members of Parliament…prevent legislation that is incompatible with the UK’s international obligations being passed”.

Our view is that, because the Bill rides roughshod over international human rights law, it should be scrapped entirely. Short of that, the amendments in the name of my hon. Friend the Member for Glasgow Central (Alison Thewliss) and colleagues try to restore at least some level of respect for international law.

This is not only an abstract issue of international law. This is about the Afghan lieutenant we read about in The Independent on Sunday yesterday, who flew 30 combat missions against the Taliban and was praised by his coalition supervisor as being a “patriot to his nation”. Now he is in a hotel and threatened with removal to Rwanda. It is about LGBT people fleeing outrageous criminal laws in Uganda, whose Parliament last week voted for further draconian legislation, imposing endless imprisonment and even death sentences on LGBT people, as well as on those who do not report them to the police or even rent a room to them. This is all about trafficking victims, victims of torture and many more vulnerable people. The question is: are we committed to meeting our international obligations to those people? For me and my SNP colleagues, the answer must clearly be yes, but the Bill says no.

We therefore absolutely oppose clause 49 and the Government’s attempt to undermine the role of the Court of Human Rights. Clause 49 empowers the Home Secretary to ignore, and even to compel our courts to ignore, interim measures from the Court. It is said to be a placeholder clause, but here we are debating it with only a select bunch of Conservative Back Benchers apparently any the wiser as to what the Government’s intentions are with respect to it. The clause, as drafted, is totally unacceptable, but so, too, is the way the Government are treating Parliament. As the Council of Europe Commissioner for Human Rights states in his letter to us:

“interim measures issued by the European Court of Human Rights, and their binding nature, are integral to ensuring that member states fully and effectively fulfil their human rights obligations”.

We therefore believe the clause should be taken out, or that either our amendment 119 or amendment 122, tabled by my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry), should be supported to ensure that power is used consistently with the convention. The Prime Minister should stop dancing to the tune of the anti-ECHR minority. He should have the guts to put international human rights before internal party management.

I turn next to safe legal routes, which many amendments and new clauses understandably address. The lack of them and, in the case of the Afghan citizens’ resettlement scheme, their poor and slow implementation, is clearly a contributor to irregular arrivals. Expanding them would help to tackle that issue, as the hon. Member for East Worthing and Shoreham (Tim Loughton) eloquently set out. Clause 51, as it stands, is completely inadequate. It provides for a limit not to be exceeded, rather than providing a target to aim for, and it allows the Home Secretary, instead of Parliament, to set the definition of “safe legal route”. Our amendment 179 and related amendments replace the cap with a target, and a longer-term target too, and seek to improve Parliament’s role in setting that goal and holding the Home Secretary to account for her efforts to meet it. We support other new clauses and amendments that seek to achieve similar aims. We support the various new clauses that highlight particular safe legal routes, such as the humanitarian travel permit, safe passage visa schemes, refugee family reunion and Dublin-style safe legal routes for children in the EU. The key point is, as has been said, that these routes should be a priority and an urgent part of the overall response, not an afterthought to be looked at a little way down the line.

On the remaining clauses relating to legal proceedings, frankly, most of the provisions in the Bill essentially dehumanise people who seek protection here, so that no matter what horrors they have endured, their individual circumstances are to be ignored and their ability to access rights and protections set out in international treaties is to be decimated. Instead, they are to be detained, locked up and either removed or left in permanent limbo. The clauses on legal proceedings buttress that regime by seeking to snuff out the ability of anyone to get to a courtroom to challenge what is going on before their removal takes place.

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The shadow Minister, my hon. Friend the Member for Aberavon (Stephen Kinnock), mentioned five constructive proposals to deal with the boat crisis, but guess what: this Government are not doing that. Every single Conservative Prime Minister and Home Secretary since 2010 has said, “We’re going to control migration; we’re going to reduce asylum seeking; we’re going to do this and that,” but guess what: we are 13 years down the road since the Conservatives took charge, and they have done zilch—nothing. On the people whom they have been able to return, the numbers are abysmal. When Labour left office, 18,000 people were awaiting asylum decisions; the number now stands at 160,000. In the 13 years that your Government have been in control, what have you done? Nothing. It is all rhetoric; it is all talk.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. The hon. Lady needs to be quite careful with her language when she says “your Government” and so on.

[Yasmin Qureshi]

Thank you for reminding me, Dame Rosie.

The Conservative Government have had control for the last 13 years, but they have not been able to deal with this. Instead of making proper constructive proposals, they have gone for the best headline in the Daily Mail—or should I say the “Daily Hate”? They do not think it is worth it. This legislation is absolutely horrendous. I am really sad that we are here again. A few years ago, we had the Nationality and Borders Bill and others. With every such Bill, it is said that we are going to control illegal migration. But guess what: nothing happens. It is all hot air; it is all smoke and mirrors. It is trying to fool the people of this country that you are trying to deal with something when you know you are not doing—

[The First Deputy Chairman]

Order. I call Wera Hobhouse.

[Yasmin Qureshi]

May I finish, Dame Rosie?

[The First Deputy Chairman]

Yes, but the hon. Lady needs to stop referring to “you”, which means me.

[Yasmin Qureshi]

I am sorry, Dame Rosie.

Many Members have spoken about various safe routes. Many suggestions have been made about how to deal with the small boats. Colleagues have spoken about the legal side of it. If there is any humanity in this Government, they should think about withdrawing the Bill and actually dealing with the small boats, and will they please stop trying to appease populist sentiment?

Illegal Migration Bill

Baroness Winterton of Doncaster Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Mr Carmichael]

It will come as no great surprise to the hon. Lady that I do. That brings me to thinking about what we do here. There is a danger that those of us who follow the evidence and actually care about what will happen if this dreadful piece of legislation is ever implemented disappear down the rabbit hole of trying to improve, amend and mitigate it. We have all tabled dozens—hundreds, some of us—of amendments, but this piece of the Bill has simply to be excised. I will be seeking to divide the House on clause 11 stand apart, because, frankly, there is no mitigation and no polishing of this—I avoid the vulgarity, but everyone knows what I am talking about. There is no way we can polish and improve on something that is so fundamentally removed from the way we would tolerate our own children being treated.

Earlier, we were talking about returning people. I was privileged yesterday to meet a group of Hongkongers, who are among that privileged group of people who came here by a safe and legal route. They still have their problems, of course: their journey did not end when they arrived at Heathrow, and they still have to deal with the trauma of leaving friends, family and others behind in circumstances where they would ordinarily have chosen not to do so. However, I heard a quite remarkable story from one person who did not come through the safe and legal route because her arrival predated that visa scheme being opened up. She told me that her twin sister had been here, but had left the country, and now she was being told that she would need to leave because the Home Office had confused her biometrics with those of her twin sister. That is the sort of ruthless efficiency of which the Home Office is capable. Are we seriously hearing now that we are going to start sending people back to Hong Kong because they happen to have come here before the start of the British national overseas visa scheme?

Dame Rosie, I feel that I have detained the House for long enough—that is probably a matter of consensus among Members—but when it comes to Divisions, we on the Liberal Democrat Benches will do everything that we can to improve the Bill. However, ultimately, there are pieces of it that simply cannot be left to stand.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I thank the right hon. Gentleman for coming to a conclusion. I am going to try to call people who did not get called yesterday, as well as those who have tabled amendments, but that will require a certain amount of brevity.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

It seems a long-standing conundrum of the immigration debate that most of our constituents express concern about the issue of immigration and its impact on our country, but at the same time tend to be very positive about their own personal experiences of people who have come to this country as migrants. I know that this is the case in the very diverse constituency in north-west London that I represent, but it is true in other parts of the country as well, where people’s experience is that those people who come as immigrants are those who drive the buses, work in the local shops and their children’s schools, and maintain the NHS. We are having this debate at a time when we must acknowledge that one of our biggest demographic challenges remains the fact that we have a declining working-age population, and data from the Office for National Statistics clearly shows that we, alongside much of the rest of the developed world, have a significant challenge in maintaining a workforce sufficient to support our population.

So far, this has been a very constructive debate. In particular, I highlight the comments of the hon. Member for Aberavon (Stephen Kinnock) about the need for a returns agreement. Professor Thom Brooks of Durham University recently did a very detailed study that highlighted that one of the biggest pull factors for those waiting to cross to the United Kingdom was the absence of a returns agreements with France or with the European Union. I also pay tribute to my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) for the work he has already done with Government in respect of safe and legal routes. As we heard from the evidence we took at the Joint Committee on Human Rights during the passage of the Nationality and Borders Act 2022, the existence of a safe and legal alternative for those who wish to claim asylum in the UK is one of the defences open to the Government in seeking to treat those who, for example, arrive here in a small boat with a less advantageous process.

However, I will focus my contribution on what I fear are some of the unintended consequences of a Bill whose objective we all support: to end the situation where people put their lives at risk as a consequence of seeking to come to the United Kingdom, facing death or serious injury in the English channel in order to lodge an asylum claim in our country. In particular, I will focus on the way in which the Bill interacts with some of the positive obligations on our public authorities that are created by other legislation: for example, the Children Act 1989 and all its allied legislation, such as the Children (Leaving Care) Act 2000, and—as my right hon. Friend the Member for Maidenhead (Mrs May) has outlined—the provisions contained in the Modern Slavery Act 2015.

My experience of this issue in local government is highlighted in particular by the Hillingdon judgment of 2003, which concerned the Children Act responsibilities of local authorities in respect of unaccompanied asylum-seeking children. That judgment clarified that the immigration status of a child is irrelevant to the local authority’s obligations to provide support to that child, both under the Children Act when they are under 18, and as they enter adulthood through the Children (Leaving Care) Act 2000 and other legislation that we have passed in this House. When we considered the status of children in care, we were clear that we wanted them to enjoy support until they were at least 25 to ensure that they started out their lives in the most positive way.

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[Several hon. Members rose—]

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. Once again, I urge a certain amount of brevity, as we are not doing brilliantly at the minute and we have to get everybody in.

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

I will be as brief as I can, Dame Rosie. There is much that I loathe in this Bill, but I will concentrate on children’s detention. I speak in support the amendments tabled in my name, as well as new clause 18. I wish to speak on this issue because I am not sure how many Members have experience of having children locked up in their constituency in the way that the right hon. Member for Orkney and Shetland (Mr Carmichael) has, and it was the same in my constituency. For some years I was the house father of a small-unit children’s home near Heathrow, and it is important that Members fully understand and appreciate the consequences of their actions in supporting the Bill.

I have two detention centres in my constituency—Harmondsworth and Colnbrook. Prior to 2012, children and their families were detained in Harmondsworth in particular. They were locked in; they were imprisoned. The last report from His Majesty’s Inspectorate of Prisons described the setting in Harmondsworth as “bleak” and “prisonlike”, and it is. The experience of the regime is harsh. We have had suicides, and we had another death in Colnbrook last Sunday—that has been referred to. At Harmondsworth the place has been burned down during riots, twice.

I visited when the children were there, like the right hon. Member for Orkney and Shetland. I will tell the story of one of my visits to Harmondsworth, where the children were detained. We had a small classroom to deal with children. They were of primary and secondary age, and it was heart-rending. On one occasion when I visited they had a poetry lesson, and they chose to write a poem on a subject of their choice. One of the young girls wrote on the subject of freedom. She wrote:

“Freedom is the sound outside the gate.”

It broke my heart seeing those children locked up in that way, and all the experts I have spoken to—teachers, child psychologists, doctors—reported the impact that that was having in traumatising those children, often scarring them for life. We also demonstrated time and time again, from the various research reports on the children’s experiences, that they suffered from post-traumatic stress disorder. Their experiences in detention exacerbated and piled on top of what many had already experienced in their country of origin which had forced them and their families to flee, and their experiences on the journey here. In one Children’s Society report at the time, the expression “state-sponsored cruelty” was used.

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[Simon Hoare]

Yesterday, my hon. Friend the Member for Stone (Sir William Cash) set out a compelling argument about the sovereignty of this place, but I share the hon. and learned Lady’s concern that I think that speaks to an earlier time of how laws were made, when it was done in a far a more leisurely way, and when this place made far fewer laws and took its time. There were no programme motions, and people could take as long as they wished to. I take her point entirely, and does that not speak to the importance of scrutiny in the other place, but also of some oversight of the courts, so that if there is error in our lawmaking, the courts can point it out and we can rectify it, as and where necessary? I fundamentally agree with the point that she makes about the importance of court oversight.

[The Chairman of Ways and Means (Dame Rosie Winterton)]

Order. Before the hon. and learned Lady responds, I would just say that I gave some guidance. As she knows, it is not possible to impose a time limit, but guidance was to try to get in as many people as possible.

[Joanna Cherry]

I am very grateful to you for making that clear, Dame Rosie.

Just to answer the hon. Gentleman’s points, yes, I do think that in our civilised, balanced, modern democracy, in which we have proper separation of powers, the role of the courts is very important, but the role of this Chamber is also very important. I am not too bothered about the other place. It is not elected; it does not represent people. I got elected—I went to the trouble of getting elected three times—to represent my constituents, and what I have to say about this Bill is an awful lot more important than what some unelected peer has to say. I say that with all due respect to many of the peers who I think do a fantastic job in trying to fill in the holes of the absolutely appalling way in which the Government seek to pilot legislation through this Parliament.

Illegal Migration Bill

Baroness Winterton of Doncaster 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.

--- Later in debate ---

[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.

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[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.

[Stephen Kinnock (Aberavon) (Lab)]

I start by associating myself with the comments of the Immigration Minister about the outstanding work that our armed forces have done in Sudan. I wish all who are there a speedy return home.

I want to make one thing absolutely clear, and it is a point with which I am sure every Member of this House agrees: the dangerous channel crossings must be stopped. Those extremely perilous journeys have tragically led to lives being lost, and the only people who benefit from that trade in human misery are the criminal smuggler gangs and people traffickers, who are laughing all the way to the bank at this Government’s failure to arrest and prosecute them. Labour has a comprehensive and workable five-point plan that will defeat the people smugglers and fix our broken asylum system. Our plan is expressed through the amendments and new clauses to this Bill that we have tabled, which I will speak to in due course.

Government Members repeatedly state that they wish to stop the dangerous channel crossings, but the fact is that they are completely and utterly failing to do so. Every single measure that Ministers announce turns out to be either an expensive and unworkable headline-chasing gimmick or a policy that succeeds only in making things worse, or indeed both. In the case of this legislative sham that we are debating today—this bigger backlog Bill—it is definitely both. Under the Conservatives, channel crossings have skyrocketed from 299 in 2018 to 46,000 in 2022. Throughout that period, Ministers have subjected the country to a seemingly endless stream of nonsensical proposals that have all been given pride of place on the front pages of the Daily Mail and The Daily Telegraph, only to be swiftly consigned to the dustbin of history where they belong.

For a deterrent to be effective, it has to be credible, and of course, our credibility is severely diminished every time we fail to follow through on a commitment that we have made. Let us take a quick canter through some of the posturing and empty threats that this shambles of a Government have engaged in over the past few years. They told us that the British coastguard would be instructed to push back dinghies in the channel, which would have breached the law of the sea and potentially led to further deaths of refugees and innocent children. Then they said they were going to build a giant wave machine in the English channel—I do not know where they would find a wave machine around here, given that the Conservatives have closed down most of England’s swimming pools, although I suppose it is possible that the Prime Minister might have a spare one back at his place.

The Government then said that they were going to fly asylum seekers to Ascension Island, 4,000 miles away, and they even fantasised about sending them to Papua New Guinea, which is literally on the other side of the planet. That brings us to the Government’s latest cunning plan: they went to Kigali and paid £140 million for a press release, and 12 months later they have managed to send more Home Secretaries to Rwanda than they have asylum seekers. One could be forgiven for finding all of this quite comical, but the fact is that it is deadly serious, because a vast amount of taxpayers’ money is being squandered on a profoundly unethical policy that is designed to fail on its own terms.

Even if the Rwanda scheme does get up and running, which the Government admit is unlikely to happen until at least March 2024, the Rwandan Government have refused to commit to taking more than around 1% or 2% of those who arrive here on small boats. We are talking hundreds of removals, rather than the thousands per year that might have a chance of deterring asylum seekers from crossing the channel. It will fail to stop the small boat channel crossings, because if a person has experienced personal tragedy, fought their way across continents and handed their life savings to a people smuggler so that they can endanger their own life crossing the channel, a 1% chance of being sent to Rwanda is simply not going to represent a level of risk that they might be averse to.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We have had some very long opening speeches, and I have over 20 people wishing to contribute to the debate. That means that, in order to get everybody in, everybody would need to take about six minutes, if not less. We will prioritise those who have tabled amendments. That is just my guidance for the moment, because we also have the SNP spokesperson to come in.

[Sir Iain Duncan Smith]

I rise to speak to amendment 4, in my name and those of my right hon. and hon. Friends. It is essentially about clause 21. Since tabling it, I have realised that the Government have a new amendment—amendment 95—which I am afraid makes quite a lot of what we are trying to achieve with our amendment 4 almost impossible to deliver. However, I will go through the purpose of our amendment and then deal with the new Government amendment.

First, a lot of this is foreshadowed by the already existing Nationality and Borders Act 2022, and we still wait to see what its impact is on a lot of this. There is some clear evidence already that it is tightening up the areas that the Government want to tighten up when it comes to those suffering from modern slavery. Therefore, first and foremost, I question the necessity of these provisions about modern slavery in the Bill at all. Frankly, I do not want to be too broad; I want to focus on this problem quite carefully.

I think, and I hope, that the Government may recognise—my right hon. Friend the Minister mentioned that that is the general direction of his thinking at the moment, and I really hope that is the case—that there are unintended consequences of what they have to tried to do with the changes they are making in clause 21, and that the clause would be damaged without our amendment. It is interesting that my right hon. Friend the Member for Maidenhead (Mrs May) intervened with some very new evidence that the police are now saying that the effect of this, even though it is not in the Bill, is to concern people who might well give evidence that would lead to the prosecution and conviction of those guilty of trafficking. Can I just say that I think the whole purpose of this is to get the traffickers, prosecute them and put them inside? That is one of the deterrents against other traffickers doing such business, and I understand that the purpose of the Bill is to stop the business model of the traffickers, so this fits with that. The problem, as a counterpoint to that, is that clause 21 seems to move in the opposite direction and is actually now beginning to discourage people from the idea of giving evidence.

It is very important to remind everybody, because they get confused, that human trafficking is distinct from people smuggling. We tend to blur the edges of this, but human trafficking is about people who, against their will—when brought to this location or while in the UK—are themselves abused. All the issues were talked about earlier, but the reality is that this is against their will. They do not wish to do it, and we need categorical evidence of that. It is because this is dealing with the trafficking side rather than the people smuggling side that I am really concerned about it.

Remember that a majority of the potential victims referred through the national referral mechanism are exploited in the UK in full or in part. Mostly, those are non-UK nationals, but UK nationals are caught up in it as well. The majority of these cases are not relevant to those coming across on the boats; they are here. They have been trafficked, they are here and they are now involved in modern slavery, and they are possibly prepared to give evidence to the police in that regard. It could be sexual exploitation, or it could be criminal exploitation. When I was the Secretary of State for Work and Pensions, we saw evidence of that with people brought over to stake their claims to benefits, and then they would disappear off, trafficked into brothels and various other places. I want to say that it is important that we distinguish between that and the issue of the boats.

Many of those people are likely to have arrived in the UK illegally under the terms of this Bill, whether by small boat or lorry, or with leave obtained through deception such as false documents, including deception by their exploiter. Instead of being given temporary protection in the UK, these victims—under clause 21, as now amended by amendment 95—will be subjected to removal and detention under this Bill and denied access to the statutory 30-day recovery period of support for modern slavery victims. Victims will be driven even further underground—this is our fear and the fear of those who deal with them—by the fear of deportation and trapped in the arms of their abusers. Why would that be the case? The answer is simple. If one looks at the wording of clause 21, we see straightaway a clear shift in balance: it is left to the Secretary of State to judge whether victims are going to give evidence or are giving evidence that is relevant.

Then there is Government amendment 95, which I am really concerned about. It shifts the whole rationale in the opposite direction. Instead of there being a judgment about that, under clause 21, it is clear that the premise of the Secretary of State’s decision making is now reversed:

“The Secretary of State must assume for the purposes of subsection 3(b) that it is not necessary for the person to be present in the United Kingdom to provide the cooperation in question unless the Secretary of State considers that there are compelling circumstances which require the person to be present in the United Kingdom for that purpose.”

I raised this point earlier. In doing that,

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

That looks to me like a bit of a closed advice section, which will come up with the same decision at the end of the day. Government amendment 95 amends clause 21, which we already had concerns about.

Illegal Migration Bill

Baroness Winterton of Doncaster Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

Lords amendment 103B disagreed to.

[Madam Deputy Speaker (Dame Rosie Winterton)]

In Division No. 304, four Members nodded through the No Lobby were not included. So the result should have been: Ayes 284, and Noes 226.

After Clause 60

Ten-year strategy on refugees and human trafficking

Motion made, and Question put, That this House disagrees with Lords amendments 107B and 107C.—(Robert Jenrick.)