Baroness Winterton of Doncaster
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Illegal Migration Bill
Baroness Winterton of Doncaster ExcerptsMonday 27th March 2023
(1 year, 8 months ago)
Commons ChamberRead Full debate Illegal Migration Act 2023 View all Illegal Migration Act 2023 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 27 March 2023 - (27 Mar 2023)
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?
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.
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.
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.
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
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?