Illegal Migration Bill

Debate between Stella Creasy and Jonathan Gullis

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Jonathan Gullis]

I rise to speak to the amendments in my name: amendment 135, which intends to block courts from ordering individuals to be returned to the UK once removed; and amendment 136, which intends to restrict to the use of hotels. I put my name to other amendments that were debated yesterday, which I am proud to support.

First, I want to thank the Minister for Immigration, my right hon. Friend the Member for Newark (Robert Jenrick) for the assurances he gave yesterday evening at the Dispatch Box to meaningful engagement over the Easter recess to find a way forward on the amendments I signed or that are in my name. I look forward to working with him and colleagues, such as my hon. Friend the Member for Devizes (Danny Kruger), my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke), my hon. Friend the Member for Stone (Sir William Cash) and my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes). I will therefore not press any of my amendments to a Division this evening.

It is critical that the policy is delivered. In Stoke-on-Trent we understand generosity better than anyone, having 1,279 asylum seekers or illegal economic migrants in our great city. We have been a long-term member of the voluntary asylum dispersal scheme and now have 30% of that population purely in hotels in inappropriate places—directly opposite our railway station, right by levelling-up projects, undermining the work to regenerate and level up the great city of Stoke-on-Trent. It is abhorrent that this has been going on.

For far too long, Stoke-on-Trent has been at the forefront of stepping up and delivering. It was the fifth largest contributor to the asylum dispersal scheme and was voted the kindest city in the United Kingdom only last year. We as a city will do our fair share, but it is inappropriate that we continue to see more than 40,000 people illegally choose to put thousands of pounds in the hands of smuggling gangs when they are already in safe mainland France, to come across on small boats, needlessly risking their own lives and undermining our UK visa system, the rights of our borders and the democracy and sovereignty of this House. It is essential that we do everything we can.

When 73% of people voted to leave the European Union, they wanted to take back control of their laws and their borders. People in Stoke-on-Trent North, Kidsgrove and Talke were outraged to see only yesterday the Council of Europe’s commissioner for human rights interfering in this place, giving their opinion from Strasbourg and Brussels, demanding that we vote this legislation down. Yet again, foreign dignitaries and foreign judges are trying to interfere with the democratic rights and processes of our great country. It is simply not acceptable. That is why it is so important that the amendment of my hon. Friend the Member for Devizes is taken seriously. I would like it be fully supported. Ultimately, we must deliver this important legislation.

[Stella Creasy]

Will the hon. Gentleman give way?

[Jonathan Gullis]

I will happily take an intervention at the end of my speech, as I promise to keep within the 10-minute limit that you have asked of me, Dame Rosie.

Amendment 135 is about the block on returns. If we are to ensure the offshoring of illegal migrants, we cannot see people return to our United Kingdom, because that will undermine the Rwanda policy and other world-leading schemes that I hope we will agree with other safe third countries. I support the Opposition wanting safe and legal routes and returns agreement. Like many, I was outraged that we gave £500 million of UK taxpayers’ money without getting a returns agreement with France directly. I fully endorse that. It is essential that the law makes it clear that if someone tries to make a last-minute claim to an upper tribunal and they are removed, they have no right to return. They may win damages in court, but the right to return must not be granted. If it is, that will undermine everything. The imagery will be shocking, and will be used by smugglers across mainland Europe as an advert for what could happen if people were lucky.

It is essential that we deliver on the important policy of hotels. Rightly, the British public are livid at seeing £6 million a day of their hard-earned British taxpayers’ money going to house people in hotels. It is totally unacceptable in places such as Stoke-on-Trent, where we have a thriving hospitality and tourism sector, which has been undermined by the use of the hotels. People are losing their jobs. At certain hotels, people have lost the ability to take their children to the swimming baths to learn how to swim. They are unable to go to the gym and other such facilities because, sadly, this abhorrent trade has carried on. In Staffordshire as a whole, nine hotels have been taken up. It is not something that anyone in this House wants, and I hope my amendments get widespread support.

I thank the Minister for his engagement and for the fact that plans will come forward soon for alternative places to move people out of hotels. I was delighted that my petition to end Serco’s abuse of Stoke-on-Trent, which I presented on the Floor of the House, gathered more than 2,000 signatures. We have seen continued movement from the Minister, the Prime Minister and the Home Secretary to find suitable accommodation in the short term until we implement, very soon I hope, the policy to get people deported to safe third countries such as Rwanda.

[Stella Creasy]

I will let the hon. Gentleman gather his breath. He made a strong case that he was concerned about the work of the European Court of Human Rights making judgments about overbearing Governments and trying to stand up for citizens. Does he, therefore, deplore the recent judgment by the European Court of Human rights—another rule 39 interim measure—in the cases of Pinner v. Russia and Ukraine and Aslin v. Russia and Ukraine? They concerned British nationals who were members of the armed forces in Ukraine, who had surrendered to Russian forces and been sentenced to death. The European Court of Human Rights got stuck in to stand up for British citizens. But by his logic, I assume that he would oppose that because he does not like such bodies standing up for citizens being oppressed by Governments.

[Jonathan Gullis]

Rule 39 interim measures were not part of the European convention on human rights when we signed it in 1950. While we have obligations under the convention, they should never trump the sovereignty of what happens in this Parliament. We are democratically elected parliamentarians who speak on behalf of our constituents—well, we do on the Government Benches—and that is important to understanding why we deliver such policies.

The hon. Lady talks about the European court of human rights, but let us not forget that 47% of ECHR judgments have not been complied with over the past 10 years. In Spain and Germany, it is 61% and 37% respectively. The UK is, I believe, at 18%, so we are better at upholding our ECHR obligations than most mainland European countries, of which I know the hon. Lady is a huge fan. She would love to see us return to the European Union, which she so avidly campaigned for and continues to make the case for privately, I am sure, within the parliamentary Labour party. I commend her bravery in taking that stance but, of course, the people of Stoke-on-Trent North, Kidsgrove and Talke simply said, “No. Go away. Bye-bye, Labour”—hopefully for decades to come—after 70 years of failure, neglect and under-investment in our great area.

Returning to the debate, I thank Professor Richard Ekins of the University of Oxford and Sir Stephen Laws KC for their work with the Policy Exchange and for helping me and other colleagues with the changes we proposed today. When people are losing their jobs at hotels and the hospitality and tourism sectors of our towns and cities are being damaged, that undermines public confidence in our ability to deliver this policy. There are disused Army bases, and I have no issue with the use of portakabins or tents. They are perfectly acceptable short-term accommodation, so long as we deliver on the policy of ensuring that people are removed after 28 days to a safe third country. Rwanda is perfectly safe and has so far welcomed the fact that the UK Government have been so successful at explaining in UK domestic courts that our world-leading policy is something to be celebrated.

Despite the shadow Minister suggesting that this Government are worried about compliance, the fact that they are winning court battles on other legislation that was deemed to be on the line shows that they are confident that they will be on that side again. He talked about a Labour plan, but I am still searching for something other than processing people quicker, which would mean we would still accept seven out of 10 people coming here—70% of 45,000 would be completely unacceptable to the people of the United Kingdom—and would lead to smugglers advertising a 70% success rate. That is why I am unable to support many of Labour’s amendments today.

The only exception that intrigued me was the new clause—I forget the number—that proposed engagement with local authorities. However, the assurances that the Minister gave yesterday to one of my hon. Friends who tabled a similar amendment gave me confidence, and I will be unable to join Labour in the Lobby today. I am delighted that Councillor Abi Brown was brave enough to force this Government to remove the voluntary opt-in and ensure that all local authorities are part of the asylum dispersal scheme after threatening to legally withdraw from the scheme.

Thank you for the time, Dame Rosie, and apologies for going one minute over.

--- Later in debate ---

[Stella Creasy]

I will happily give way to the hon. Gentleman, as long as he will clarify on the record that his comments about me were mistaken. I am sure that he would not wish to malign somebody’s good reputation, even if he disagreed with them.

[Jonathan Gullis]

I do not remember seeing the hon. Lady on the streets of the west midlands, campaigning to vote leave in the 2016 referendum, so I feel confident that my comments about her being a pro-European are perfectly acceptable.

When the Minister came to the Dispatch Box with regard to the 200 missing children, he said that 95% of them were 16 to 17 years old—smugglers encourage people who they think can get away with looking that age—and 88% were Albanians. Why would any parent spend £4,500 on sending their child here illegally on a small rubber boat, when they could go on an aeroplane for £30? Also, it is important to understand that the Minister made clear that there was no evidence that any of those 200 had been kidnapped—they left of their own accord.

[Stella Creasy]

When the Immigration Minister was dismissing concerns about locking children up, suggesting that they probably were not children because of concerns about age verification, the right hon. Member for Orkney and Shetland (Mr Carmichael)—I am sorry that he is no longer in his place—used a gentle phrase that his mother might say: “Have a long look in the mirror.” Well, I suggest that the hon. Member for Stoke-on-Trent North gives his head a wobble for what he has just said about children who have gone missing; 16 and 17-year-olds are children—[Interruption.] He is chuntering from a sedentary position. If those children turn up, I hope to goodness that they all turn up safe and well, because if they do not, what the hon. Member has just said will come back to haunt him—[Interruption.] He can keep shouting all he likes, but the vast majority of the British public are horrified by the idea that 200-plus children have gone missing from hotels that the Home Office was supposed to be overseeing.

There is due to be a public inquiry into the Manston centre. The Government have accepted that because of possible article 3 breaches—basically, concerns about how we were treating pregnant women and young children going into Manston—but that investigation has not yet happened and cannot yet inform this legislation. Clause 11 extends detention for families and pregnant women, and clause 14 removes the duty to consult the independent family returns panel about the treatment of children. Children are under the age of 18; we accept that in law.

We have provisions in law—on, for example, the use of bed and breakfasts—that have not been mirrored to date in our treatment of children who have come in through this system. I can hear why in the callous disregard of the hon. Member for Stoke-on-Trent North, but I go back to this simple principle: whatever we think of the parents of these children, we should not be punishing children by agreeing in law that they have second-class citizenship. That is what this legislation will do to refugee children.

--- Later in debate ---

[Stella Creasy]

Nobody is encouraging the smugglers. Given the heat that has been generated in this Chamber, it is important to recognise that nobody across the House supports the smugglers. Equally, there are no safe and legal routes. The example of Iran proves that very clearly. The fact that the Minister does not seem to understand that is troubling. If a child does come here, what happens to them? New clause 18 would provide parity of treatment for all children resident in the United Kingdom—for example in the rules around bed and breakfasts and putting a child in with a single adult. If the hon. Gentleman were to find that happening in his constituency, he would probably, rightly, challenge his local authority about it. Why are we saying that, because a child has refugees as parents, it does not matter how they are treated? That is what this legislation is saying. All new clause 18 is looking for is parity. The hon. Member for Stoke-on-Trent North may disregard those children, but I wager that there are other Members in this Chamber who recognise that when it comes to children, we have responsibilities and obligations.

I hope that, in his summing up, the Minister will say on the record that, yes, absolutely, the same standards of safeguarding will apply. The Home Office failed to put safeguarding in the contracts. I had to use a freedom of information request to get the contract from his Department to be able to check it. I did check it, because the Minister does not do his own homework, so somebody else has to. The contract very clearly does not mention it. [Interruption.] It is not a fantasy. What is a fantasy are the figures that the Home Secretary and the Minister just came up with on the safe and legal routes from Iran. Perhaps the Minister might want to reflect on that and on what the UK Statistics Authority said about the Home Office’s relationship with the truth when it comes to the numbers and to asylum.

I wish to finish simply by urging the Government to stay on the record. If I am wrong, they should correct me. They could say that every single child in this country will be covered by safeguarding, and that the Home Office itself will take a direct safeguarding duty for these children. It would not be that difficult.

[Jonathan Gullis]

rose—