Illegal Migration Bill

Stella Creasy Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Tim Loughton]

I think I have made the point that whatever migration system we run needs to be effective, efficient and sustainable, but at the same time we need people to fill job vacancies in this country, and many of the people who have come here are self-sustaining. I had a meeting this afternoon with about 60 Hong Kong British national overseas passport holders who came here in flight from Hong Kong, and they are making a good go of starting a second life in this country. However we think we should operate migrant numbers, the numbers are not the important thing. It is being able to look after people safely and sustainably for all of our community that is the major consideration.

The other truth that is put about that we need to challenge is that the European convention on human rights is everything. If we look at the record of the judgments issued under the ECHR by the European Court of Human Rights in the last 10 years, we see that 47% of them—almost half—have not been complied with. In certain countries that figure is higher. For example, 61% of judgments again Spain from the European Court of Human Rights have not been complied with, and for Italy it is 58%, while for Germany it is 37%. In many cases—particularly France, where the figure is a little bit lower—they are mostly for non-compliance with immigration laws. So let us not try and kid ourselves that the measures in this Bill are in some way completely absurd and out of court compared with what other countries have been doing.

Having said all that, doing nothing is not an option. It allows people smugglers to continue the human misery. It is condoning bogus asylum seekers, and it is allowing those bogus asylum seekers to bump the queue of genuine asylum seekers to whom we do have a duty of care that the vast majority of people in this country want to see carried out. So we need to get the balance right on continuing our generous tradition of allowing safe haven for genuine asylum seekers escaping danger with much more robust action to clamp down on those who have no legitimate claim to be resident in the UK. They are gaming our system, taking advantage of the UK taxpayer’s generosity and, worst of all, queue-jumping over the genuine asylum seekers who need help.

This is where safe and legal routes and the main amendment I am putting forward today come in, and I will be prepared to press it to a vote unless I have some substantial reassurances from the Government, because this is nothing new and it is not rocket science. It is actually something that the Prime Minister has quite rightly committed to in principle. My new clause 13, which is the basis of the safe and legal routes amendments, would require safe and legal routes to be part of this legislation. The regulations referred to in the Bill would have to set out specific safe and legal routes by which asylum seekers can enter the United Kingdom in an orderly and sustainable way.

The routes specified must include any country-specific schemes that we have already. Specifically, we have routes for Afghanistan, Syria, Ukraine and Hong Kong, but we need additional ones. Additionality is key to this, because as the Bill stands, the Government could just say, “Well, we’ve got those safe and legal routes, and we can just tinker with those.” However, let us take the example of the 16-year-old orphan boy from east Africa —he is not from Ukraine, Afghanistan, Syria or Hong Kong—who has a single relative legally settled in the United Kingdom. There are precious few opportunities for him to be able to come to the UK on a safe and legal route. It is in such cases that we need to offer an opportunity, capped in numbers and capped with all sorts of considerations. We need to offer such people a realistic opportunity that they may be able to get safe haven in the United Kingdom.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I very much support what the hon. Gentleman says. Indeed, I support the need for such amendments to this Bill, probing or otherwise, to clarify what a safe and legal route is and how such routes will operate, because that seems to be at the heart of whether this legislation can actually achieve anything that it claims to set out to do. Does he therefore agree with me that we need clarity, because this Bill does set out where it considers it is safe to be from and, by definition, everywhere not listed in proposed new section 80AA is unsafe? We therefore need clarity about what would be a safe and legal route from the locations not listed in that proposed new section, because otherwise we will end up with “safe” or “unsafe” being ill-defined in legislative terms, and that does not help anybody.

[Tim Loughton]

I am grateful to the hon. Lady. I have drawn up new clause 13 and the accompanying amendments in a way that is not overly prescriptive. It puts the onus back on the Government to come up with schemes, some of which will be safe and legal route schemes that we have run before. The family reunion scheme is something we have run for a long time, although it needs to be adapted outside of the Dublin conventions. I have also suggested a Dubs II scheme and, again, the Dubs scheme was very successful in bringing 483 unaccompanied single children from genuine danger zones safely to the United Kingdom. Those are the sorts of examples I mean. They do not need to create something completely new. We need to adapt what we already have.

That is why additionality is key. These need to be routes on which people from outside the four existing resettlement or asylum schemes can come here. The Government must set out those routes for both adults and children—I think most of us would agree that children need to be dealt with slightly differently—and the means by which those people can access those routes. It may be from the countries from which they are fleeing or from refugee camps, in a scheme like those we have had before jointly with the UNHCR. I think that is what has been mooted in the newspapers—it did not come from me—about 20,000 people being able to come here through agreement with the UNHCR, and that is another possibility. It may be through using reception centres that we have in other countries, including France, where a limited number could possibly apply, subject to a cap. Again, that is all for the Government to decide—I do not want to be overly prescriptive.

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No more pyjama injunctions in the middle of the night—the so-called rule 39 orders.

[Stella Creasy]

One of the reasons why Winston Churchill helped to set up the European Court of Human Rights was to protect citizens across Europe, including in the UK, from overbearing Governments who did not have respect for the role of courts in keeping them honest. With the hon. Gentleman’s amendment, let us see some honesty: is he saying that he, in contrast to the Prime Minister, wants us to leave the ECHR? If the amendment were passed, it would mean our having to, and we would be in the same position as Belarus. Will he be honest: does he want us to be Belarus?

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[Sir John Hayes]

My hon. Friend is right, of course. In a sense, his comments reflect the remarks of the hon. Member for Westmorland and Lonsdale, but the spirit, character and reputation that Britain enjoys depend on both lawfulness and propriety. It is not unreasonable to suggest that our generosity should be defined by proper rules and standards.

When my hon. Friend the Member for Newbury (Laura Farris) challenged the hon. Member for Westmorland and Lonsdale on the issue of people not bringing documents, I was left to wonder, as others may have been, why on earth a legitimate asylum seeker who is pleased to come here on the basis he outlined would want to discard the documents that would prove their case. Why would they do that? That is the kind of question my constituents ask me. I have to conclude that many people disguise their identity and discard their documents not because they want to make it more straightforward for the Home Office to deal with their claim, for clearly it would not make it more straightforward, but because they have something to hide.

Last year, 33% of the people arriving in small boats were from Albania. That proportion has now fallen because the Government have done something about it. So much for inefficient Ministers and the inefficient Home Office. They dealt with the Albania issue, and they will now deal with this issue with equal alacrity and skill.

[Stella Creasy]

I fear the right hon. Gentleman may have misread the statistics, because it was Afghans who made up 33% of arrivals. Between October and December 2022, only 9% of small boat arrivals were Albanian.

Perhaps, as a general principle, we should not try to process claims in the Chamber. We should look at the evidence. Many of us who deal with asylum seekers have had that conversation, about why papers are missing, and we have been told very clearly that the traffickers tell them to tear up and remove their papers because that makes it easier for the traffickers. When was the last time the right hon. Gentleman spoke to someone who came to the UK by an irregular route and who did not have their paperwork? What did they tell him? Can he tell us about the evidence he has from actually working with these people and understanding the pressures they are under?

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[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.

[Stella Creasy]

I wish to reassure the Committee that I will speak only to the amendments that have been selected for this evening—I know that we have debates on other amendments scheduled tomorrow, and I have amendments in both selections.

I beg your leave, Dame Eleanor, to reflect on the fact that, while this important debate has been taking place, Jess England, a member of my staff, has just won parliamentary staffer of the year. Jess has first-hand knowledge of the things that we are discussing because she has for years helped me work with people seeking asylum—refugees from around the world who have come to the UK and have a connection to Walthamstow. I put on the record my gratitude to Jess, whose award is long overdue. If she were here now, she could bring much light to this debate as somebody who knows about the reality for people fleeing persecution.

It is a genuine honour to follow the previous speaker, the hon. Member for Newbury (Laura Farris). We may be in different political parties, but I recognise how brave she has just been to make that speech and to speak up for the importance of human rights, which has increasingly become an extreme view in the Conservative movement. I recognise the power of her speech and its many points, and the expertise that she put on the record. The House benefits from light, not heat, in such debates.

There is clarity in that there is not a single Member among us who wants to help the smugglers; not a single Member among us thinks that small boats crossing the English channel is an acceptable or reasonable way to proceed. The difference is in how we address the issue; whether we pour oil on that fire or seek, in our amendments, to recognise the best of Britain—to be the actual patriots in this Chamber. So far, we have talked so much about the ways people travel, but not about who is travelling.

Different statistics have been bandied around. We know that the vast majority of people in those boats are from seven countries, so let us recognise first and foremost why it matters that the legislation meets the test not of the mode of travel but of who is travelling. People fleeing persecution do not form orderly queues at the border when there is a war. When they are facing persecution for their political or religious beliefs, they cannot turn to the state to ask for their paperwork to be put in order and emailed to them so that they may cross the border with copies of it.

I reflect on the fact that the former Member for Blackburn, who was responsible for incorporating the Human Rights Act into UK legislation used to say to me, “There was left and right in Parliament, and then there were those people who dealt with the UK Border Agency and those who did not.” When dealing with people who have fled persecution, we know at first hand that it is not a simple, straightforward linear experience that accommodates well the kind of bureaucracy and administrative process that the right hon. Member for South Holland and The Deepings (Sir John Hayes) wishes for. That is why the refugee convention itself says that refugees should not be prosecuted for destroying their documents, for issues around immigration fraud or, indeed, for their mode of travel, recognising the reality that when the decision is life or death, life matters. I see no irony in suggesting that.

[Andrew Gwynne]

My hon. Friend is making a really important point, which is not pertinent only to the small boats. We witnessed exactly the same issue with Ukraine. People were fleeing Ukraine in fear of their lives; we opened up safe routes, but many of those people had to leave all their important documentation behind.

[Stella Creasy]

I agree. Some of us are still dealing with people from Afghanistan—people who put their lives on the line to help British forces but have not been able to come here. They listen to the Minister talk about the idea that somehow we have taken 25,000 people under the schemes. We have not—their families are still stuck. If the Minister wants the casework, I have raised on the record before the case of a family who were split up on the way to the Baron hotel.

[Robert Jenrick]

rose—

[Stella Creasy]

If the Minister will take the casework, I will take the intervention. That family need to be here.

[Robert Jenrick]

The hon. Lady cannot trade in anecdote rather than facts. The facts of the matter are that the scheme has taken 25,000 individuals since just before the fall of Kabul. Those are the facts. As I always say to the hon. Lady, I am very happy to look into individual cases. But in this Chamber, we should deal in facts—not fiction.

[Stella Creasy]

The Minister knows that that is not how the scheme has worked; he knows that only 22 people have been resettled. He already has in his inbox the case I mentioned—it is long overdue his attention. Every single day, I think about that family. They were told that they should go to the Baron hotel. They could not get there because there was an explosion. They are now separated—the family are in hiding and the father is here, desperate and out of his mind about what to do. He was promised a safe and legal route by this Government, but of that promise there came no reality.

That is why I cannot support this Bill in its current form. First and foremost, it does nothing to the smugglers themselves. We all agree that the smugglers are the people we want to stop. Why is there not a single measure in the Bill that directly affects them? The idea that we can cut off their market does not recognise that we have seen these kinds of measures before. All that happens is the prices go up. People disappear; modern slavery increases.

[Sir John Hayes]

rose—

[Stella Creasy]

Of course I give way to the right hon. Gentleman. I am looking forward to hearing what he has to say.

[Sir John Hayes]

When we tackle illegal immigration, we are doing several things. We are attacking it at source by getting to the smugglers, we are dealing with the issues in the channel and on the coast, and we are creating a legislative framework fit for purpose. They are separate parts of a strategy.

[Stella Creasy]

I look forward to having a debate with the right hon. Gentleman tomorrow about my amendment 293, which would remove the word “Illegal” from the title of the Bill. It is not illegal to seek asylum. What he is talking about is not what the Bill will do. I have tried to urge him before not to process people’s claims in the Chamber; this is about the evidence of what we see.

I have multiple anecdotes about people who have been failed by our asylum system, the processing and the promises they were given of a safe and legal route. That is why this evening I wish to speak to the amendments about safe and legal routes. If the Government think this legislation is about illegal migration, by default there must be a legal process—so those safe and legal routes deserve much more scrutiny and attention. The Government have failed to provide a children’s rights assessment and equality impact assessment. It is so worrying that they are asking us to trust them when they cannot set out how they think people who are entitled to seek asylum because they are fleeing persecution should do so.

When I look at this Bill, I see that it needs a drastic overhaul even to meet its own ambitions or the pledges in article 31 of the refugee convention that somebody destroying their documents should not be penalised by the suggestion that their claim must be malicious. We should look at the actual evidence as to why smugglers encourage them to do that. The right hon. Member for South Holland and The Deepings suggests that somehow the Bill will do what the Nationality and Borders Act 2022 failed to do and what this Government’s policies keep failing to do. Let us learn from Einstein—that most famous refugee, who this country turned away. He said that the definition of insanity was doing the same thing over and over again and expecting a different result.

My new clause 17 is a probing one, on that basis. If the Government talk about safe and legal routes, we should know what those are intended to do. It simply says that the Government should set out what a safe and legal route is and which countries are therefore unsafe and require a legal route. After all, the Bill sets out countries considered to be safe. Ergo, all the countries not listed must be unsafe. The Government should tell us in Parliament how people should be able to access those routes and therefore not make dangerous journeys.

I also support new clause 13, tabled by the hon. Member for East Worthing and Shoreham (Tim Loughton), and the proposals put forward by my hon. Friend the Member for Sheffield, Hallam (Olivia Blake) in new clause 10. We would all agree that all these new clauses need further work, but they all get towards a simple principle: to ask what is the role of a safe and legal route in this legislation. If the Bill is about illegal migration, what is the point of safe and legal routes? My amendment 138, which will be debated tomorrow, is about how that might then play a role in asylum processing itself.

There is a simple message in all this work. I agree with the hon. Member for Stone (Sir William Cash); that might surprise people, and I am sorry he is not in the Chamber to hear it. He said that the processing and assessing of claims matters. Absolutely, and that is why the failures we have seen for a number of years have not been to do with the refugees themselves but to do with the politicians and their failure to get to grips with this. That is why it matters that the Government are not using the correct figures from the statistics authority. They are not showing us the true scale of the problem, which legislation has consistently failed to deal with. That is why we need to do something different, such as clarifying what a safe and legal route is and how it fits into the refugee convention and our processing. In a war, there are not simple processes of admin and bureaucracy that we can push people towards, so it matters all the more that we respect and recognise that in how we treat people who still think that life is better than death and who still choose to run.

I say to some Conservative Members that one of the top countries from which the people in the boats come is Iran. I have sat in this Chamber and heard people call out the Iranian Government and speak of their concern about the persecution of people in Iran. Not half an hour later, those people talk about how awful anybody in the boats is, although Iranians are the third most common country represented in them. There is no safe route from Iran.

[Robert Jenrick]

There is.

[Stella Creasy]

The Minister says there is. I am in touch with people right now, brave defenders of democracy, who have no route out and are at risk.

[Robert Jenrick]

rose—

[Stella Creasy]

I happily give way. Tell me where I can put them.

[Robert Jenrick]

Since 2015, the UK has taken more than 6,000 Iranians directly for asylum purposes. What the hon. Lady says is simply not true.

[Stella Creasy]

The Minister needs to be clear about how those people have been identified. There are people tonight in Tehran at direct risk of harm and needing our help. The challenge with this legislation is that it refuses to set out a safe and legal route, saying that it will be done in secondary guidance. None of us can therefore be confident enough to say to those people, “Hold up—wait for the queue and the bureaucracy. There is somewhere for you to go. Don’t worry, because help is coming.”

The Government must connect with international organisations and uphold the international rule of law. The honest truth is that the only way the world will be able to stand up to dictators and persecutors and against war is by collaborating. We have seen that in such a powerful way in Ukraine, yet we do not seem to be capable of learning the lessons by setting out schemes and being able to say to people, “Actually, there is a way forward, and we will all share the burden of standing up for these values.” That is what a sensible asylum policy would do, because it would be effective. We would cut off the boats at source by having proper, safe and legal routes for people so that they would not need to get on a boat to claim in the first place. Irregular routes are inevitable because of why people are running in the first place.

I also want to speak briefly to amendments 131 and 132—I pay testament to the Member who spoke to me previously about them—which are about our role in the European Court of Human Rights. I am sorry that the hon. Member for Devizes (Danny Kruger) is not here, because I was hoping he might want a chance to clarify his earlier remark, in which he genuinely tried to suggest that Winston Churchill opposed us being part of the European Court of Human Rights. As somebody who served on the Council of Europe and repeatedly saw pictures of Winston Churchill—

[Tom Hunt]

Will the hon. Lady give way?

[Stella Creasy]

I will, if the hon. Gentleman will let me finish my sentence; I am sure he wishes to hear what I have to say. I thought it was worth hearing from the man himself, because his argument for a European Court of Human Rights was that:

“In the centre of our movement”—

don’t tell anybody that he wanted a united Europe—

“stands the idea of a Charter of Human Rights, guarded by freedom and sustained by law.”

What Winston Churchill saw then, we still see now, which is overbearing Governments who do not respect the courts of law and do not want the scrutiny of law. These amendments speak to precisely that fear: that legislation in this country might be poorly drafted, burdensome or, indeed, oppressive. What we all want, and what we would find common cause with Winston Churchill on—that does not happen often—is the importance of keeping politicians honest by putting them up to the scrutiny of the courts. Now I will happily give way, to see how the hon. Gentleman feels he can be honest and whether he wants to support these amendments and take that point away.

[Tom Hunt]

I will attempt to answer on behalf of my colleague, the hon. Member for Devizes (Danny Kruger), who I spoke to earlier about this. One of his key points was that what the late Sir Winston Churchill signed up in 1950 did not involve rule 39 audits. The way in which the situation has evolved means that what we are dealing with today is totally different from the situation that faced this country in 1950, so to make that comparison is crude, and it is wrong. I am sure that when my hon. Friend comes back and makes a further intervention at some point, either today or tomorrow, he will powerfully deal with the critique that the hon. Member has just put in front of him.

[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.

[Yasmin Qureshi]

Will my hon. Friend give way?

[Stella Creasy]

I will happily give way, but then I really must bring my remarks to an end.

[Yasmin Qureshi]

The thing I am having difficulty understanding is this. We signed the European convention on human rights, and we have signed many other international conventions. If we are not going to abide by the rules of those conventions, why did we sign them?

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[Stella Creasy]

My colleague sets out the other, more pragmatic point that I would like to put on the record, which is that actually it does not matter what Churchill thought. If we want to resolve how people are travelling around the world to seek safety and sanctuary because they are fleeing persecution—if we want to be a grown-up on the world stage—not upholding international law is not the best way to make sure that we are in the room when decisions are made about how to share that burden.

I am pleased that the Prime Minister himself has said that he has no plans for us to leave the European Court of Human Rights, because I think it does reflect a recognition that we need to uphold international law and to be part of those conversations. The answer to the Government’s concerns is not this legislation; it is to go to the Council of Europe and be part of those debates and discussions about the role of the Court and how it operates; it is to show that we are prepared to fight for our values, not just here but internationally. We can then arrange the kinds of schemes that will be inevitable in making sure that we, as a world, can deal with the conflict and disruption that means that there are more people fleeing persecution. It is to say that this is not to do with somebody’s nationality or how they travel, but the risk that they face. That is the most simple and, frankly, patriotic point.