Immigration and Asylum Bill (Thirteenth sitting)

Siân Berry Excerpts

Committee stage
Thursday 29th October 2026 Public Bill Committees

[Mr Kohler]

But that mistake was made because the attention of the Home Office was diverted to other issues at the time. [Interruption.] The hon. Member looks at me quizzically, but a mistake was made. Yes, the Government have started to solve that mistake, but asylum hotel numbers went up by 8% last year, so the idea that they have just gone down and down is not accurate.

The new clause would create a new Government Department that could put its entire focus on effective immigration policy. It would produce an annual immigration plan—subject to scrutiny and a vote in Parliament—setting out how the Government will deliver a fair, controlled and effective system. It would also work across Government to develop long-term workforce plans for public services and critical national infrastructure, ensuring that migration policy is designed in tandem with investment, domestic skills and training, to strengthen our services. This plan would ensure that British people and services finally get a system built to work for them—a system based on evidence that works across Government and different sectors to deliver better public services and a growing economy.

[Siân Berry (Brighton Pavilion) (Green)]

It is a pleasure to have you overseeing proceedings this morning, Mr Stuart.

I will abstain on new clause 8, but I absolutely appreciate the sentiments behind it. I will not back it in full because the Green party has been thinking about this issue for some time, and we have our own alternative proposal. I will speak a little about the ways in which breaking up the Home Office—along the lines set out in new clause 8—would be a good idea.

I refer in particular to the “No Way Home?” report, which was commissioned in June 2025 by my hon. Friend the Member for Bristol Central (Carla Denyer), and produced by Zoe Gardner, an independent researcher and campaigner on immigration and asylum policy. The report recommended that we make a new Department for population, infrastructure and immigration and a Department for community security from the Home Office. Previous Green party policy has used different names for those ideas—including in 2019, when we talked about creating a Ministry for sanctuary and a Ministry for the interior—but they follow the very same lines in splitting up the responsibilities.

The “No Way Home?” report goes into more detail. It says in particular that cross-governmental work should be embedded in the remit of the new Departments, and that

“A Department for Population, Infrastructure and Immigration”

should be

“taking on joint task forces with shared budgets with Department for Housing, Communities, and Local Government in order to ensure a long-term approach to the country’s population, workforce and infrastructure needs is built into the management of immigration policy.”

On the other side, the new Department for policing and security matters—a “Department for Community Security”—should have

“joint teams working across mental health, housing, homelessness and social services”

to manage things such as addiction, rather than taking an enforcement approach to drug policy—allowing social services to deal with that—and ensuring that policing work is better integrated across the board with a preventive approach to crime. The report says:

“The current remit of the Home Office does not include responsibility for long-term integration, infrastructure planning, and community cohesion”.

Those are all issues that we have raised in this Committee as being harmed by the Bill, potentially because the Home Office is not tasked with being concerned about such harms.

The report talks about the history of the Home Office as a Department, and how it has been “beset by repeated scandals”. Very famously, those have included the Windrush scandal, which emerged out of the policies of the former Prime Minister, now Baroness May of Maidenhead. Her hostile environment policies, which I think were enacted between 2012 and 2016, were

“designed to make life unbearable in the UK for immigrants who were unable to prove their status”,

and the Windrush scandal resulted. The “Windrush Lessons Learned Review” made it abundantly clear not only that the political direction set by the then Home Secretary but that the culture and internal structures at the Home Office were at fault for producing the crisis. Earlier, in 2006, a scandal emerged regarding the release of about 1,000 foreign national prisoners, which forced the resignation of the then Home Secretary, Charles Clarke. He was replaced by John Reid, who famously proceeded to describe the Department as “not fit for purpose”. We are nearing a consensus view on the issue, I believe, and the Department should be looking very closely at what it can do.

The current work and remit of the Home Office

“covers some of the most hotly politically contested areas”.

I know that from my brief as my party’s spokesperson in the House on the Home Office and the Justice Department—we are constantly in the news on these issues. Every change is fought over in the public arena, because these are some of the most salient issues of the day. It is no wonder that

“the role of Home Secretary is often viewed as a poisoned chalice.”

Ministers—in the room today and more widely—might be interested in a more focused remit if they are to take on these responsibilities in future.

Despite repeated attempts at reform,

“the Home Office has continued to exhibit deep-rooted cultural and institutional problems in its management of the immigration brief, in particular…As a result, a growing number of voices from across the political spectrum have begun to call for an exploration of options for more radical reform. In most cases, the conclusion is that the Department should be split,”

with immigration moved into a more dedicated department. The report concludes:

“The remit of the Department itself contributes to negative outcomes by linking immigration with security, but neither immigration nor security with community cohesion, infrastructure, or the country’s economic needs”.

It says:

“The time is ripe for root and branch reform, and only a full break up and redistribution of the responsibilities of the Department has the potential to solve all the problems”.

I hope that Ministers will look at that in the future, and that this new clause nevertheless stimulates some discussions in Cabinet and with the Prime Minister about how to improve those deep-seated problems and scandals and avoid them in future.

[Anna Turley]

New clause 8, tabled by the hon. Member for Harrogate and Knaresborough, sets out the desire for a new Government Department for immigration and border security to be established, and for the transfer of all the Home Secretary’s immigration, asylum and border security functions to that new office. I have to say that I really admire the hon. Members for Harrogate and Knaresborough and for Wimbledon for attempting to reshape Whitehall through an amendment to a Bill—it is impressive, and I will do my best to respond to it. I appreciate that it is a thought-provoking new clause that of course warrants broader discussion.

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[Blake Stephenson]

The Liberal Democrats’ new clause 10 would give asylum seekers the right to work after three months, and the Green party’s new clause 24 would give them an automatic, unrestricted right after six months that lasts through every appeal. We oppose both new clauses.

People who enter the UK illegally should not be able to claim asylum here at all. The new clauses go in the opposite direction. They would make the UK a more attractive destination for people deciding whether to pay a smuggler to cross the channel. Everybody wants to reduce pull factors so that we can reduce dangerous crossings, and I am afraid that the new clauses would introduce additional pull factors.

I will keep my remarks brief and just ask the Minister a question. How many asylum seekers currently have permission to work, and what assessment have the Government made of the effect that earlier work rights would have on the number of claims?

[Siân Berry]

The right to work does not impact only those seeking sanctuary; the impact also falls on their children and on communities. Giving people seeking sanctuary the right to work—or, rather, restoring their agency—is a matter of basic dignity and human rights. People who have fled war or persecution should have the opportunity to rebuild their lives in the UK with dignity and independence. That means that they need a safe place to live, access to support and a genuine right to work, as set out in new clause 24. It is important to stress that this debate is about restoring choice and agency to people seeking sanctuary, not imposing new requirements on those who are not ready or able to work.

As it stands, the law permits a person seeking asylum to request permission to work if they have been waiting more than 12 months for a Home Office decision on their asylum claim through no fault of their own. That may be 12 months after they initially claimed asylum or 12 months after they made further submissions, which are then considered as a fresh claim.

It has been more than two decades since those seeking asylum could apply to work after six months. People repeatedly raise the issue of enforced worklessness while claims are processed. My new clause 24 would simply restore the previous time limit and match the Home Office’s own targets for decision making. The Liberal Democrats’ new clause 10 would grant the right to work at three months, which is also perfectly reasonable. New clause 24 goes into more detail about how the proposal should be implemented. It states that the right should be automatic, without the need for an application, and that there should be no restrictions on the type of employment. It also states when the right should end, if a decision on the application is made one way or the other.

More often than not, vulnerable people are left waiting for months, and often years, for a decision. For that entire period, however qualified and willing they are, they are not permitted to work. That is profoundly felt by people who arrive with real skills, a keen willingness to contribute and a desire to rebuild their lives. Instead, the current rules require them to survive on a small weekly allowance. They are unable to contribute, build a life and often even volunteer in their communities without navigating endless bureaucratic red tape.

The most potent and poisonous rhetoric of the far right plays up the dependence that people are left in; it stokes conflict between people in the asylum system, who are denied the ability to earn, and others in society. Members can hear the voices I am referring to in their heads right now. There is absolutely no need to leave in place the restrictions that fuel that kind of rhetoric and racism, and that badly harm the acceptance and integration of refugees.

Work can bring not only integration and community strength but genuine benefits to people fleeing war, trauma or oppression. That is because people seeking sanctuary in the UK are five to six times more likely than the general population to have mental health needs. A review of the impact of asylum processes on mental health found that policies restricting work contributed to psychological distress and social exclusion. The mental health cost of robbing vulnerable groups of the ability to exercise their agency and provide for themselves and their loved ones is far too high.

Many people seeking asylum in the UK and elsewhere are living with trauma. That contributes to their poor mental health. They might also be recovering from illness or caring for family members. It is important that a humane and just system recognises the structural barriers to finding work that many of these people will face. We must recognise that some people will want to work immediately, while others may need time and support to rebuild their lives. Therefore, my new clause is set out as a right to work. If the Government make any moves in this direction, they must refrain from making it a mandate to work.

Despite the clear and mounting evidence in favour of the right to work, successive UK Governments have closed their minds to the idea and refused to implement it. The usual response, which has already been aired in this debate, is that permitting work sooner risks acting as a pull factor to further migration, but that does not hold water given the evidence. The UK maintains one of the strictest systems in Europe concerning the right to work for people seeking asylum. The international evidence is unequivocal and the difference in waiting times across comparable countries is enlightening.

In 2018, Ireland opted in to the recast EU reception conditions directive and allowed work after nine months. That was subsequently reduced to six months in 2021. Comparable countries in Europe have far more lenient policies on the right to work. In Germany, it is granted after three months, with the only restriction being on self-employment. There is a similar policy after 60 days in Greece. In Italy the period is two months, in Spain it is six months, in Belgium it is four months, and in Denmark it is six months—all with no restrictions. In Sweden someone can apply to work immediately in limited sectors, and in France there are restricted types of work that someone can do after six months. All this is evidence that an alternative can be imagined that is intensely practical, would not have the knock-on effects that other parties have suggested, and can work.

Alongside the moral arguments, there is a strong economic angle to be considered. The Lift the Ban coalition, which has already been quoted in this debate, estimates that lifting the ban could save the Treasury over £280 million per year, and recent research by the National Institute of Economic and Social Research found that lifting the ban after six months could save the Government a total of £4.4 billion per year, increase tax revenue by £880 million and add £1 billion to GDP.

Restricting access to legal work inevitably increases the risk of exploitation. When people are prevented from supporting themselves lawfully, they can be pushed towards unsafe and illegal forms of work. Granting people the right to work therefore extends itself to protecting vulnerable people from further exploitation and abuse, and extends the ability to maintain community cohesion and safety.

In my view, though, the greatest cost of the current policy is the human cost—years of wasted potential, lost independence and lives left on hold while awaiting a decision. The Government should heed the approach taken by much of mainland Europe already and accept these amendments.

[Anna Turley]

I thank the hon. Members for Harrogate and Knaresborough and for Brighton Pavilion for tabling the new clauses, and I am grateful for the discussion. As we have heard, new clauses 10 and 24 would significantly change the Government’s policy on the period before asylum seekers can seek permission to work from the Home Office, reducing that period to three months and six months, respectively. New clause 24, tabled by the hon. Member for Brighton Pavilion, would go much further and grant asylum applicants and their adult dependants an automatic and unrestricted right to employment and self-employment after six months of waiting for a decision on their asylum claim—a right that would continue until the claim and any appeal had been finally determined.

Hon. Members will know that those who claim asylum are not normally allowed to work while their claim is considered. They may instead receive accommodation and support to meet their essential living needs if they would otherwise be destitute. Under our current policy, asylum seekers may be eligible to apply for permission to work in the UK where their claim has been outstanding for 12 months or more, through no fault of their own. Where permission is granted, employment is restricted to jobs on the skilled worker occupations at regulated qualifications framework level 6 or above.

To respond to the question of the hon. Member for Wimbledon about legal entrants, it is important to flag that all legal entrants are prohibited from working. Some individuals who claim asylum after being here legally retain the right to work throughout their claim. An asylum seeker is allowed to apply for permission to work after 12 months, as I said, if they have not received a decision and will be employed in a high-skilled job. On the statistics he asked about, the Home Office publishes a vast amount of statistics regularly. The numbers for those who have permission to work will fluctuate constantly, as people move in and out of the system quite rapidly. Our focus has been on ensuring that people receive an initial decision on their claim as quickly as possible.

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Division 55

Question accordingly negatived.

Ayes: 3

Noes: 11

[Siân Berry (Brighton Pavilion) (Green)]

On a point of order, Mr Stuart. I did not withdraw new clause 24. Am I allowed to press it to a vote?

[The Chair]

New clauses are taken in numerical order and the opportunity will come later.

[Siân Berry]

Of course!

New Clause 11

Refugee family reunion

“(1) The Secretary of State must, within six months of the date on which this Act is passed, lay before Parliament a statement of changes to the immigration rules for the purposes of making provision for refugee family reunion in accordance with this section.

(2) Any changes to the immigration rules included in any statement laid before Parliament under subsection (1) must come into effect after 21 days.

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

(4) A 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.

(5) In this section—

the

‘immigration rules’ mean any statement of rules, or any changes to such rules, presented to Parliament pursuant to section 3(2) of the Immigration Act 1971;

‘refugee status’ and

‘humanitarian protection’ have the same meaning as in the immigration rules;

‘family members’ include—

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

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

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

(i) under the age of 18, or

(ii) under the age of 25 but who was 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 who was 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, read in accordance with Article 3 of the 1989 UN Convention on the Rights of the Child,

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

(iv) risks to the physical, emotional or psychological wellbeing of a person 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;

‘adopted’ and

‘adoptive’ refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules.” —(Tom Gordon.)

This new clause would require the Secretary of State to make changes to the Immigration Rules to 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.

Brought up, and read the First time.

[Tom Gordon]

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

It is an honour to serve under your chairship, Mr Stuart. New clause 11 would require the Secretary of State to make changes to the immigration rules to 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. The family reunion route was paused on 4 September 2025, with a stricter system promised from spring 2026 still not in place, as we discussed earlier in Committee. So I ask the Minister: if the Government announce a new settlement route, will there be a new family reunion route, too? We want to see the details of the resettlement scheme announced with this legislation. Obviously, the purpose of this amendment is to make sure we end up with the tens of thousands of people, predominantly women and children who used to use the family reunion visas, able to access it.

I meet many people in my constituency of Harrogate and Knaresborough, from victims of genocide such as the Yazidi people to people who came through the Afghan route. Quite often the distress and additional trauma that is caused by having been separated from their families compounds the issues that they are already trying to grapple with.

With the new rules set to come in under this Bill, there will be issues around refugees being able to hit the income thresholds so that their family members can come with them. That is the purpose of this new clause and I would welcome any news or updates from the Minister further to the questions already put during the course of this Bill Committee.