Illegal Migration Bill

Simon Hoare Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Yvette Cooper]

My hon. Friend is right, and the Children’s Commissioner is appalled by some of the measures in the Bill and the lack of consultation, too. Remember those hundreds of children missing from asylum hotels, who have almost certainly been picked up by the smuggler and trafficking gangs? This Bill makes it even harder to get those kids back, and it makes it even easier for those gangs to increase their control. It means no sanctuary, or just temporary support at most for Eritrean girls, who will most likely have been raped or exploited, or for the 12 and 13-year-olds I met a few years ago, brought here by gangs from Afghanistan, or for children who endure what happened to Mo Farah. They would be denied refuge; they would be denied citizenship; they would be locked up and threatened with return. The Home Secretary may not want to admit it, but that is what this Bill does. It denies citizenship forever for people like Mo Farah.

The Tory party once voted to introduce safeguards on the detention of children, and it was right to do so. The Tory party once voted to introduce the Modern Slavery Act 2015, and it was right to do so, but what has happened to the Tories now? How low have they fallen and how far down are they trying to drag our proud country? That is what this Bill is: an attempt to drag our whole country down. They know that the Bill will not work to stop boat crossings or the gangs. They know it will not clear the backlog and that it will make the chaos worse. They know it will stop children and trafficked people getting help and will play into the hands of criminal gangs, and they know it will undermine our reputation in the eyes of the world as a country that believes in the rule of law, but they do not care, because this is about political games. This is about a lame Prime Minister making promises that he has no intention of keeping. All he wants is a dividing line, all he wants is to pick a fight, and all he wants is someone else to blame. He does not care if our international reputation or some very vulnerable people pay the price.

[Simon Hoare (North Dorset) (Con)]

Will the right hon. Lady accept that many on the Government side of the House—me included—will vote for this Bill this evening, but with the clear understanding that we wish to see amendments to it as it progresses through Parliament, particularly in relation to women who are trafficked and to children? Our votes are being given in good faith tonight, in the expectation that the Bill can be amended. Does she accept that?

[Yvette Cooper]

I do recognise that there are Members on the Government Benches who are deeply troubled by many of the measures in this Bill. I recognise that, and I think that reflects quite how far the Conservative party has fallen, and I am sorry that that has happened. This is an area where we should be able to build consensus, not division. In past eras, there has been consensus, for example on support for Syrian refugees. If we go back generations, there was consensus on support for the Kindertransport. There has been that support in place. We have also had past consensus about practical, sensible measures around border security, too.

It should be possible to build that consensus, and we would work with the Government to do that, but that is not what we are getting from the Conservative party, the Conservative Government, the Prime Minister and the Home Secretary. Instead, we have a Home Secretary who is happy to ramp up the rhetoric, rather than ever to build a calm consensus around a practical plan that sorts things out. How desperate have things become if what they are doing is ramping up hostility and hatred towards the victims of trafficking and slavery? That is not leadership. Britain is better than this.

Labour will vote for action to stop the gangs and to prevent these dangerous boat crossings. We will vote for a new cross-border police unit, for fast-track decisions and returns to clear the backlog and end hotel use, and for new agreements with France and other countries on returns, on family reunions and on reforming resettlement. We will vote for action that rebuilds border security and restores a properly functioning, credible asylum and refugee system that is properly controlled. We will not vote, however, for more chaos. We will not vote for a traffickers’ charter that lets criminal gangs off the hook, that fails to tackle dangerous boat crossings and that locks up children and leaves some of the most vulnerable people undermined. We will not vote for this Bill tonight.

Illegal Migration Bill

Simon Hoare Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Laura Farris]

I am sorry, Dame Eleanor.

To respond to my right hon. Friend’s intervention, it is dangerous to conflate what has been understood on the Conservative Benches to have been called “overreach” in the application of rule 39—on which I agree—with an overenthusiasm of the Court to involve itself in primary legislation, which is what the Bill will be. I see no precedent for that concern, so I hope that I can allay my right hon. Friend’s fear to some extent.

[Simon Hoare (North Dorset) (Con)]

To add to the list of our right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes), is there not a fourth option in—call me old fashioned—ensuring that His Majesty’s Government meet our international obligations wherever that may be? That is option four, and one that I think commands quite strong support across the Committee.

[Laura Farris]

I thank my hon. Friend for his intervention, which brings me to my final argument.

Wrenching change from either the applicability of the Human Rights Act or the jurisdiction of the Court is a dangerous path to go down. The European convention on human rights is fundamental to the devolution settlements in Wales and Northern Ireland, and it also plays a distinct role in the Belfast/Good Friday agreement. As we are so near to the 25th anniversary of that agreement, I want to read out how the European convention on human rights was framed as an integral safeguard:

“There will be safeguards to ensure that all sections of the community can participate and work together successfully in the operation of these institutions and that all sections of the community are protected, including…the European Convention on Human Rights (ECHR)…which neither the Assembly nor public bodies can infringe”.

At the time of the conclusion of that agreement, there was a climate of deep scepticism about British courts following the establishment of, for example, Diplock courts and other things that were controversial. The European Court of Human Rights is not just something to which lip service is paid; it is integral to the proper functioning of that agreement.

I must mention our proud history in the formation and construction of the European convention on human rights—it is well known that David Maxwell Fyfe was a Conservative MP. It is unsurprising, then, that we are one of the states with the lowest number of adverse findings. We should be very wary of quick fixes. We said throughout the Brexit debate that we would be taking back control of our borders, but it is more complex than that. My point tonight is that leaving the convention, or derogating from it, is not the answer. That will not do the job and will undermine the effect of the Bill, which I think will be upheld as lawful by the European Court of Human Rights in the event that it is referred there.

--- Later in debate ---

[Stella Creasy]

I hope that the hon. Member for Devizes is at dinner, because after having made that speech, I am sure he needs something to eat. I simply say that that was not what Winston Churchill stood up for—as those of us who have served on the Council of Europe and read his speeches in detail know—let alone subsequent Conservative Governments. Those Governments were part of the development of the Council of Europe, where we did not just scrutinise the judges but helped appoint them and vote for them: we had a direct role in choosing them. That does not accord with what the hon. Gentleman was arguing, which was that this is out of kilter. Every single step of the way, the United Kingdom has been part and parcel of developing the European Court of Human Rights—and rightly so, frankly, because the libertarian in me speaks up for the Court. If given the temptation to be overbearing, without scrutiny and without the courts to keep them honest, Governments of all colours will do things that none of us think right.

[Simon Hoare]

Will the hon. Lady give way?

[Stella Creasy]

I will happily give way, and then I do want to come to a conclusion.

[Simon Hoare]

Is it not an unassailable truth that the fundamental principles that drove Churchill, the Conservative party and this place to support these initiatives remain as true today as they did those years ago? Of course, it has been a living, iterative, organic process, but the fundamental underpinning principles that established it still remain true, and if Churchill were here today, he would be making precisely that point.

[Stella Creasy]

I think we have all expounded quite clearly on how that the interpretation that the hon. Member for Devizes sought to set out of what Churchill thought might not be an entirely complete representation of what that gentleman—he made sure that we were among the first signatories to the European Court of Human Rights, and he continued to campaign and lobby for it and its development and evolution up until his death—would in fact have thought.

Illegal Migration Bill

Simon Hoare Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Stephen Farry (North Down) (Alliance)]

In following the hon. Member for Mansfield (Ben Bradley), I want to point out the dangers of framing this as a “them vs. us” competition for scarce resources, and of the notion that there are 100 million people in the world who all wish to come to the UK. Of course, we should invest in resources for everyone across the UK, and have some degree of perspective, because although there may be 100 million refugees or internally displaced people in the world, only a small fraction of them are seeking to come to the UK. Even if we expand the range of safe and legal routes, most of them will want to stay close to their original homes, with the intention of returning there some day.

I will offer support to other Opposition amendments, but in focusing on my amendment 70, I am somewhat self-conscious and humbled, because it is a very specific, niche issue in the overall context of a Bill that lacks compassion and humanity towards people fleeing war and persecution, breaches international law in the refugee convention and the European convention on human rights, and denies the lack of viable safe and legal routes to the UK. It is none the less important that I place these concerns on the record.

Once again, Home Office legislation fails to take into account the realities of the common travel area and particularly movements on the island of Ireland. Although there is an open border with no routine immigration checks, UK immigration law continues to apply, and people who cross into the UK, particularly on the island of Ireland, remain at risk of immigration enforcement and legal jeopardy if they are found to be in breach of any immigration rules. Under clause 2, someone who enters the UK via Northern Ireland risks potential detention, deportation to a third country or their home country, and even a ban on ever returning. I welcome the Home Office’s recent guidance on electronic travel authorisation, in so far as it gives an exemption for third-country nationals living in the Republic of Ireland who do not require a visa to enter the UK, to come to the UK without the need for an ETA. That is sensible and pragmatic, but it does not go far enough. I wish to highlight two categories of people in connection to the Bill, as clause 2 significantly raises the jeopardy for people who are not covered by that exemption.

The first is those residents of Ireland who currently do require a visa to enter the UK, which obviously includes Northern Ireland. The visa itself is not the issue in this particular debate, but the change in their legal jeopardy very much is. Let me give a couple of examples. A woman from Kenya who is living legally in County Donegal crosses the border—a simple bridge across the border—from Lifford to Strabane to do the weekly shopping. Somehow she ends up interacting with the state authorities and therefore comes to the attention of immigration control. She could end up in a situation where she is deported not just back to her home in Ireland but all the way back to Kenya. A Nigerian man is simply travelling between two points in the Republic of Ireland, Clones and Cavan town, on a road that famously crosses the border in Northern Ireland in County Fermanagh about six times. He has no intention of doing any business in the UK but unfortunately has a traffic accident and comes to the attention of the state. Under clause 2 of the Bill, he, too, could be deported not just back to his home in Ireland but all the way back to Nigeria.

Secondly, let us look at the issue in terms of tourism. At present, Northern Ireland is marketed internationally as part of a single entity: the island of Ireland. That is an outworking of the Good Friday agreement. Furthermore, most international visitors to Northern Ireland arrive in the Republic of Ireland through Dublin airport and then travel northwards. It is currently intended that those individuals would require an ETA to access the United Kingdom. I want to have a separate discussion with the Home Office about the impact of that requirement on the tourist sector, but today I want to focus on the immigration aspect.

There are safeguards to ensure that anyone entering the UK via a seaport or airport has the requisite papers, but that will not be the case with what is an open land border in Ireland, so there is the potential for many thousands of tourists to innocently and unwittingly come to Northern Ireland without an electronic travel authorisation and therefore be placed in legal jeopardy, even if they do not have the intention to stay in the UK, because they are simply tourists. Under the Bill, they, too, are at risk of detention, deportation and a ban on ever coming back to the UK. Is that seriously the message we want to send to the rest of the world in terms of UK tourism?

[Simon Hoare (North Dorset) (Con)]

I agree with the point that the hon. Gentleman makes. The Government should note that this argument finds unanimity across the political parties of Northern Ireland, and that, in itself, should speak volumes to the Government.

[Stephen Farry]

I am grateful to the Chair of the Northern Ireland Affairs Committee for that intervention. He is right: we are taking a pragmatic approach to this across the political spectrum in Northern Ireland, because we are very sensitive to the importance of tourism to our economy. There are particular concerns about the need for an ETA in terms of tourist movements, and today we are highlighting the issue of enhanced legal jeopardy for someone who travels without that documentation and the potential risks of that.

I want to briefly make a few other points in relation to the implications for Northern Ireland. The Bill has the potential to run contrary to the requirements of article 2 of the Northern Ireland protocol, now renamed the Windsor framework, alongside the wider issue of its adherence to the European convention on human rights. I am not sure that the Government have done proper due diligence in that regard. This relates to the non-diminution of rights, and of course asylum seekers are as much part of the community in Northern Ireland as anyone else.

Finally, I place on record my concern that the Bill potentially allows the Secretary of State to make modern slavery regulations that apply to the devolved regions and nations, and may encroach upon devolved matters. Those powers will be struck without the consent of the devolved authorities, including in Northern Ireland, where we do not currently have a functioning Executive and Assembly.

--- Later in debate ---

[Joanna Cherry]

I rise to speak to amendments 121 and 123 to 127, which are tabled in my name, and in support of amendment 1, tabled in the name of the hon. Member for Aberavon (Stephen Kinnock), who speaks for the official Opposition, and to which I have added my name. I tabled my amendments as Chair of the Joint Committee on Human Rights. I will not press them to a vote, because the Joint Committee has only just commenced our legal scrutiny of this Bill. That is not because we are dilatory in any way, but because the Bill has been bounced on us at such short notice. We have very little time to undertake that scrutiny, but we hope to report before the Bill has finished its passage through the House of Lords. At that point, I hope we will be able to recommend some detailed amendments with the backing of the whole Committee.

I did wonder whether it was worth my while spending hours in the Chamber this afternoon waiting to speak in detail to any of these amendments, as after six hours of debate yesterday, the Minister made no attempt whatever to address any of the detailed points raised by those speaking to Opposition amendments. We do not expect the Minister to agree with us, but we expect him at least to do us the courtesy of addressing what we have bothered to say, not just on behalf of our constituents, but on behalf of civic society and so on. That is how democratic scrutiny works.

There is no point in Government Members banging on about the sovereignty of this Parliament when the Government ignore most or all of the substantive points raised by Opposition Members during legislative scrutiny. That is not how a Bill Committee is supposed to work, and I appeal to the Minister to remember his duties not just to the Government and his political party, but to this Parliament and the constitution of this so-called parliamentary democracy. The way we are legislating in this House at the moment is an absolute disgrace. A Bill Committee is supposed to be line-by-line scrutiny. This fairly lengthy Bill raises huge issues in respect of our international legal obligations, as well as huge moral issues, but we have not conducted anything like line-by-line scrutiny.

If I am supposed to keep my comments to 10 minutes, I will barely scrape the surface of the amendments that I have tabled, which have not been dreamt out of thin air, but are informed by detailed legal scrutiny of the Bill by the lawyers who advise my Committee. Many of the amendments are informed by the existing unanimous report of the Joint Committee on Human Rights on the Bill of Rights. This Bill sneaks in some of the things that were going to be in the Bill of Rights.

Yesterday, I spent a long time addressing in some detail the legal reasons, under reference to the convention and case law of the European Court of Human Rights, why it would breach the convention for the Government to ignore interim orders of the Court. I also explained how very rarely interim orders are passed in respect of the United Kingdom. The Minister just completely and crassly ignored every single point I sought to make. Frankly, his behaviour in failing to address any of the Opposition amendments makes a mockery of this Parliament and it makes a mockery of all their singing and dancing and fuss about the sovereignty of this Parliament.

[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.

[Simon Hoare]

I fear I was not clear, because I was trying to support the hon. and learned Lady in what she was saying. I referenced the other place as, in a bicameral system, those in the second House provide time to reflect and give us their views, which can then consider again. However, the fundamental point, on which I thought or hoped was helpfully agreeing with the hon. and learned Lady, was the point she makes, as do others, about the importance of being able to have court oversight because we are inclined to rush our legislation in this place. Therefore, if we do get things wrong—we are only human, after all—it is important to have space for the courts to reflect, to hear evidence, and to advise and guide.

[Joanna Cherry]

I know the hon. Gentleman was trying to assist me, and I agree with him that court scrutiny is important—of course I do; I am a lawyer—but I am not going to let the Government off the hook on the absolutely woeful scrutiny that goes on, week in and week out, in this place. I am totally in favour of the bicameral system. When Scotland eventually becomes independent, which I hope will be during my lifetime, I would like to see a bicameral system in Scotland, because I like to see checks and balances, and I do not like Governments who throw their weight about and do not allow proper legislative scrutiny. That is my point and why I am spending some time on it now, because the way this has been conducted is, frankly, a disgrace. It really is a disgrace.