UK-Rwanda Partnership

Stephen Farry Excerpts

Wednesday 6th December 2023 Commons Chamber

[James Cleverly]

The timing of the passage of any Bill is in the hands of the two Chambers of this Parliament. We are not in control of the total timescale, but of course we are determined to move quickly. Every day that we delay in addressing the criminality of organised criminal people-smuggling gangs, more people’s lives are put at risk. We intend to work quickly, and we seek the support of their lordships to move quickly, so that we can get a grip on this terrible situation and so that this set of proposals, in conjunction with the others that we are already implementing, can break the model of the people-smuggling gangs, save lives at sea, and encourage people who want to come to live and work in this country to do so by means of the numerous safe and legal routes that we have in place.

[Stephen Farry (North Down) (Alliance)]

I am opposed to the entirety of the Bill on policy grounds, but, as a Northern Ireland MP, I have a particular duty to highlight the importance of the Human Rights Act to the Good Friday agreement, especially in respect of policing and justice reform; to article 2 of the Windsor framework; and to the policing and justice chapter of the EU-UK trade and co-operation agreement. May I ask the Home Secretary what steps his Department has taken to screen this policy and this Bill against all three of those?

[James Cleverly]

We are absolutely committed to maintaining peace in Northern Ireland. It is something that many people have spent their whole political lives pursuing and protecting. I assure the hon. Gentleman that we will always seek to protect the peace that so many people have worked so hard to bring.

Illegal Immigration

Stephen Farry Excerpts

Wednesday 15th November 2023 Commons Chamber

[Stephen Farry (North Down) (Alliance)]

To go back to the European convention on human rights, because the Home Secretary has not been clear on this point, does he recognise that if the UK was to renounce the convention or tamper with it, that would undermine the Good Friday agreement, particularly around human rights and policing and justice; undermine the policing and justice co-operation aspect of the trade and co-operation agreement; and leave the UK in the company of Belarus and Russia?

[James Cleverly]

I am well aware of the implications of the European Court of Human Rights. I keep being invited to comment on something other than the text of my statement. I have made the Government’s position clear: we are focusing our attention on what we believe will unlock this important strand of a multi-strand approach to illegal migration.

Illegal Migration

Stephen Farry Excerpts

Tuesday 24th October 2023 Commons Chamber

[Robert Jenrick]

I am grateful for my hon. Friend’s kind words and for the leadership she has shown in arguing on behalf of her constituents for that migrant hotel to close. Her argument was grounded in levelling up, to which she is very committed. I know from working with Stoke-on-Trent City Council on many different things in the recent past how important that gateway to the city is, and how much investment has been secured to improve it, so that leisure and business travellers arrive in that great city and see it at its best. Closing that hotel will, I hope, play a small part in turning that tide.

[Stephen Farry (North Down) (Alliance)]

I want to push back against this dangerous “community cohesion” narrative that has been used by the Minister and others today and previously. The UK has taken fewer asylum seekers per head than most other European countries. Indeed, the UK has been shaped and reshaped by successive waves of immigration over the centuries. I speak as one who has two hotels in my constituency, so I am not a nimby on this. Most of the asylum seekers I have spoken to want to contribute to society, they want to work and they want to integrate. Does the Minister recognise the dangerous, slippery-slope implications of some of the rhetoric he is using?

[Robert Jenrick]

The hon. Gentleman is not correct in his presentation that the UK is less generous than other European countries. Statistics are hard to compare, because we are a destination country. Many of those who come here and claim asylum stay here, while in countries elsewhere in Europe people claim in multiple locations while they are transiting through them. The most important statistic is that since 2015, the UK has issued 530,000 humanitarian visas—more than at any time in our modern history. That is a very large number of people to absorb into our communities, to support properly and to integrate, and it is one of the reasons why local authorities are under great pressure at the moment. We have to be realistic about that. It is why we have said we will put a cap on safe and legal routes, and why soon we will consult local authorities, including the hon. Gentleman’s, to determine the true capacity, so that the statements we make in this House match the reality on the ground.

Contest: UK Strategy for Countering Terrorism 2023

Stephen Farry Excerpts

Wednesday 19th July 2023 Commons Chamber

[Suella Braverman]

The hon. Gentleman is an incredibly powerful advocate for his constituents. Let me put on record my thoughts and prayers for the loved ones of all of those who were tragically lost or affected. Incel culture is not strictly within the Contest apparatus, but it does need work. I readily accept that it is a violent trend and a radicalising influence that is promoting a culture that is totally at odds with the free, safe and democratic society that we all love and want to cherish. I am happy to speak to him about what further steps we can take as a Government.

[Stephen Farry (North Down) (Alliance)]

In March, the security threat level in Northern Ireland was increased from substantial to severe in the aftermath of the attempted murder of DCI John Caldwell. Since 2016, the additional security funding that the Government provide to the Police Service of Northern Ireland has been flatlining in cash terms at £32 million a year. Will the Home Secretary undertake to review that level of funding to ensure that the PSNI and the Security Service have the tools to continue their good work in combating both dissident republican and loyalist terrorism?

[Suella Braverman]

Northern Ireland-related terrorism remains a serious threat, particularly in Northern Ireland. The Contest strategy does not address the threat from Northern Ireland in Northern Ireland; that is managed by a separate strategic approach led by the Northern Ireland Office. At the Home Office, our Contest approach covers the threat from Northern Ireland-related terrorism in mainland Great Britain. It is important that we do not decouple those two threats, which are very interlinked. We know that some dissident republican groups continue to carry out terrorist attacks, as the hon. Member referred to, so we need to ensure that all the resources are available, and we want to ensure that we support partners in Northern Ireland so they are readily equipped to mitigate and respond to the threat.

Electronic Travel Authorisation: Northern Ireland

Stephen Farry Excerpts

Tuesday 18th July 2023 Westminster Hall

[Dame Maria Miller (in the Chair)]

I will call Stephen Farry to move the motion, and then I will call the Minister to respond. As is the convention for 30-minute debates, there will not be an opportunity for the Member in charge to wind up.

[Stephen Farry (North Down) (Alliance)]

I beg to move,

That this House has considered Electronic Travel Authorisation and Northern Ireland.

It is a pleasure to serve under your chairmanship, Dame Maria. I thank the Minister for his attendance.

This debate is not about the concept or the introduction of the electronic travel authorisation itself, though I have my concerns in that regard. Rather, the debate covers the implications for the movement of residents and tourists on the island of Ireland, and especially the implications for Northern Ireland. Significant concerns have been expressed by the Northern Ireland Tourism Alliance, Tourism NI, Tourism Ireland, the Committee on the Administration of Justice and other stakeholders in Northern Ireland. The issue has also been raised with the Government by the Irish Government and in the Oireachtas, the Irish Parliament. The key, overarching point is that a one-size-fits-all approach to the world does not work when it comes to the island of Ireland.

Of course, we have the common travel area, which has been in place since the 1920s. By convention, it allows free movement and residency for British and Irish citizens, with associated rights and privileges. Although the UK and Ireland have always had their own immigration rules and systems for other nationalities, until recently there has been a relatively free flow of other residents and tourists from non-visa jurisdictions across the island. I welcome the exemption to the ETA requirements for non-visa third-country permanent residents in the Republic of Ireland, which I and others had been calling for, but there is a lack of clarity on the evidence requirements for legal residents of Ireland. The UK Government had committed to publish guidance on which documents would be accepted as proof of legal residence, but I do not think that has been published yet. Given the nature of land crossings, it is essential that a pragmatic approach is taken, as many people will drive over the border without ID documents.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman on bringing forward this important and pragmatic debate on the practicalities of the issue. Does he agree that, for the hospitality industry, the ability of residents of Northern Ireland to travel freely to the Republic for a night away, and the ability of the residents of the Republic to avail themselves of the world-class facilities in Northern Ireland—especially in Strangford, where the beauty and the attractions are very obvious—must be as seamless as someone coming over on a boat from Scotland or hopping on a flight from Liverpool for a boys’ weekend away?

[Stephen Farry]

I thank my colleague from Northern Ireland, who represents the constituency neighbouring mine. I agree with everything the hon. Member said, with a minor exception: I would put North Down marginally ahead of Strangford, obviously. Yes, the ETA has to work in both directions.

It is essential that immigration enforcement throughout the UK is familiar with the exemption and the documents that can be accepted, as it applies to travel within the entire common travel area. We need to know what happens if someone who is exempt from an ETA is encountered and has no documents proving their legal residence in Ireland, as this will happen from time to time. Will they be given an opportunity to return to Ireland or to provide the documents subsequently, or will they face criminal prosecution and immigration detention?

Overall, the exemption illustrates that it is possible for the Government to be pragmatic in recognising the particular circumstances in Ireland and the reality of the thousands of daily journeys by non-UK or non-Irish citizens: to shop, for leisure, for medical appointments, for education, and in some cases to work. The focal point for flexibility is now largely centred around tourism, although there is considerable disappointment in the tourism sector that similar flexibilities were not announced at the same time as they were for residents in Ireland.

It is important to note two key, overarching factors. First, under the Good Friday agreement, Ireland is marketed internationally as a single destination. The success of tourism on the island is one of the standard examples of successful north-south co-operation. Secondly, most visitors to the island of Ireland, including those who travel onwards to Northern Ireland, enter through airports and seaports in the south. The overwhelming majority of international flights to the island come via Dublin, especially from the lucrative North American market. Overall, 70% of international visitors to Northern Ireland start in the Republic of Ireland.

[Gavin Robinson (Belfast East) (DUP)]

I congratulate the hon. Member on securing this debate. He will recall the engagement that we had collectively, as Members of Parliament from Northern Ireland, with the Minister at the turn of the year. One point that we made to him was about the practical outworkings of a lack of enforcement against the legal requirement that tour operators and insurance companies would have for their visitors to comply with the law. We had a discussion about an exemption for such individuals, so that they could visit Northern Ireland and avail themselves of all of our beauty and our offering without this legal impediment, which would render them without insurance cover or put tour operators in an invidious position. Does he share my disappointment that we thought we had reached a positive conclusion with the Home Office, but that has not been borne out?

[Stephen Farry]

The hon. Member is right to highlight the situation whereby enforcement and practice may be very light or non-existent but none the less the legal jeopardy continues. That is the nub of the problem that will complicate matters for the tourism sector, particularly when it comes to things such as insurance cover. Again, he reflects on our general disappointment, because there was a time when we felt that a pragmatic outcome for tourism was very close to getting over the line—and, indeed, the Minister kindly facilitated some discussions between his officials and representatives of the Northern Ireland Tourism Alliance.

Overall, there are three types of negative impacts of the ETA on tourism. The first is the bureaucracy, which could serve as a deterrent to visitors coming to Northern Ireland; they may perceive it to be too much hassle and not worth the bother of coming north, and instead choose to do other things in the Republic of Ireland. The Government may well argue that the relative cost is low, highlight the two-year duration of the ETA and stress that it will be relatively easy to apply, but it is worth highlighting a few features of Northern Ireland entry in contrast to other potential entry points. Unlike with the rest of the UK, visitors will be entering via a land border rather than an air or seaport, so there is not the failsafe of drawing attention to the ETA requirement as visitors enter the UK at those other locations. Visitors to Ireland may have the need for an ETA highlighted to them within wider marketing of the island, but that may not necessarily always filter through.

There will also be practical difficulties in highlighting the need for an ETA at the time of booking flights because many tourists will be arriving formally into Irish airports, where there is no need for an ETA, so it would be a case of trying to second guess whether people were going to make further journeys into Northern Ireland. Indeed, there is a clear pattern of tourists making spontaneous decisions to come to Northern Ireland, including for day trips—after all, Northern Ireland is barely an hour’s travel time from Dublin—and feedback from coach operators confirms that much of their business reflects last-minute bookings. Any marketing campaign at Dublin airport will obviously require the co-operation of Irish authorities, which would be difficult at the best of times, never mind in the politically charged context of today. The biometric aspect may also become a barrier to some with limited ICT literacy—for example, some older people, especially whenever they are seeking to make spontaneous journeys.

The second area of impact is the legal jeopardy for tourists who travel to or through Northern Ireland without an ETA. Although there will be no routine immigration control on the Irish land border, those who enter Northern Ireland will nevertheless still legally be required to possess a valid ETA. Problems may arise if someone has an accident or needs medical assistance or otherwise has to interact with the UK state, and they do not have an ETA and the associated legal right to be in the UK. That could lead to insurance policies becoming invalid. Failure to possess an ETA could open someone to a criminal offence and potentially—under the Illegal Migration Bill—to deportation.

At the same time, the absence of routine immigration controls undermines the Government’s main justification for the ETA—knowing or monitoring who is entering the UK—so we could end up placing legitimate visitors in legal uncertainty without any real benefit to the state from the ETA. There is a potential headache and deterrent to those running coach tours and other forms of transport, especially if there is a danger that operators become liable for any passengers they carry who do not have an ETA.

Confusion and uncertainty may also exist for those seeking to travel from two different points in the Republic of Ireland, but who travel through Northern Ireland to get to the second point. For example, the quickest route for most of County Donegal to and from Dublin means travelling through County Tyrone on the A5, even without stopping. A short journey from Clones to Cavan town entails a short road journey that weaves in and out of Northern Ireland in the south-east of County Fermanagh. There is now an enhanced consequence of the Illegal Migration Bill for those who knowingly come into the UK, including Northern Ireland, without permission, including having an ETA.

The interpretation of “knowingly” will be crucial, including in what circumstances it is deemed reasonable or otherwise for someone to be expected to know that requirement. In the event that the term “knowingly” is interpreted in due course in a very narrow way, it may render the application of the ETA to movements within the common travel area to be relatively meaningless in certain respects. None the less, it will still leave that degree of jeopardy and uncertainty for tourists. Someone could potentially be deported to their own country or a third country, even banned from ever returning, under the provisions of clause 2 of the Illegal Migration Bill. That risk is most acute with inadvertent movements over the land border, because elsewhere, at air and sea ports, there would be safeguards.

Any such outcomes for tourists moving into Northern Ireland would send a terrible message regarding the UK being open or otherwise to international tourism. I understand that the Government are looking at that particular point in relation to the Illegal Migration Bill, and I would welcome any clarification from the Minister in that regard, not least given that the Bill has now concluded its formal proceedings.

It is worth stressing the potential legal jeopardy will also apply to visa nationals who are ordinarily resident in the Republic of Ireland and who cross into Northern Ireland without proper permission. I shall give a couple of examples. A woman from Kenya, living legally in County Donegal, could cross the border, which is a simple bridge, into Strabane to do some weekly shopping, and end up interacting with the state and attracting the attention of immigration control. She could be detained and deported back to Kenya. A Nigerian man, travelling between two points in the Republic of Ireland, could unfortunately have a traffic accident and come to the attention of the state. Again, under clause 2 of the Bill, he could be deported, not just back to his home in Ireland, but all the way back to Nigeria.

There will be a resultant impact on the tourism sector in Northern Ireland from the ETA. Tourism professionals tell us that additional bureaucracy and costs are decisive in what are otherwise marginal tourism decisions. That could be an American choosing between going from Dublin to Cork and going from Dublin to Belfast. Despite having some amazing scenery—already alluded to—and wonderful attractions, the tourism sector in Northern Ireland is still below its full potential. Profit margins are very narrow in that sector, so this additional burden and deterrence could be critical, and make or break for a number of operators and attractions. Overseas tourism represents 25% of the annual tourism spend in Northern Ireland, so it is very significant.

A potential pragmatic solution lies in granting a short exemption for tourists to come to Northern Ireland for around five to seven days, without the need for an ETA. There is no routine immigration control planned anyway, so the actual threat to the integrity of the UK borders is overstated as a contrary argument. Legal jeopardy would kick in after that period of exemption had expired, if the person had not left the UK or otherwise applied for an ETA. The Northern Ireland tourism sector believes that that exemption is not only vital but workable. Another angle could be to decriminalise the penalties for someone who crosses inadvertently. That is another potential angle that we would like to put on the table.

I shall move on to a wider issue. Despite Home Office assurances that no immigration checks will take place along the land border, individuals travelling between Northern Ireland and Britain, or directly from Ireland to GB, may still encounter some immigration inspections. An inconsistency between residents and tourists on the island of Ireland raises concerns about how one could possibly differentiate between the two, as determining who fits into each category is highly subjective. Such subjectivity could create fertile ground for perpetuating biases and heightening the risk of racial profiling.

The instance of racial discrimination and profiling within the common travel area has generated significant alarm, with direct negative consequences on our racialised and migrant communities. We would welcome clarity on how the Government intend to safeguard the rights of people of colour departing the island of Ireland, ensuring that racial profiling does not increase on such journeys.

It is worth stressing that until recently, there has been a degree of harmony in how the UK and Ireland have managed movements around these islands. Notably, both the UK and Ireland stayed outside the Schengen arrangements when they were first put in place. However, we are now seeing the implications of growing divergence. The Government may well reference the US electronic system for travel authorisation, and the fact that the European Union is developing its own system specifically for the Schengen zone. However, Ireland is not joining the EU system. Any notion of reinventing an all-islands framework to manage such an arrangement, even if politically doable, would flounder on the basis that Ireland cannot restrict or impinge the free movement of EU citizens beyond passport control, while the post-Brexit UK can.

In conclusion, this is a significant issue for the tourism sector in Northern Ireland specifically. We are joined today by some of its representatives in the Public Gallery. I appreciate that there has been considerable communication between stakeholders and the Minister and his officials, but we do not yet have a solution to this extremely thorny problem. We believe that a pragmatic solution is warranted on the island of Ireland, given our very particular circumstances, and I look forward to a constructive response from the Minister.

[The Minister for Immigration (Robert Jenrick)]

It is a pleasure to serve under your chairmanship, Dame Maria. I congratulate the hon. Member for North Down (Stephen Farry) on securing the debate, and I thank his colleagues from Northern Ireland—the hon. Members for Belfast South (Claire Hanna), for Strangford (Jim Shannon) and for Belfast East (Gavin Robinson)—for attending. I thank him for the opportunity to further discuss what is, as he said, an important issue for Northern Ireland.

I intend to cover as many of the specific points that have been made as possible, although the purpose of the debate is not to relitigate the UK Government’s decision to introduce an electronic travel authorisation, or ETA, scheme. It is worth explaining that decision. The ETA scheme will enhance the Government’s ability to screen visitors and prevent the travel of those who pose a risk to the UK.

The introduction of an ETA scheme is in line with the approach that many of our international partners already take to border security. The United States, Canada, Australia and New Zealand have similar schemes, and the European Union is preparing to introduce the comparable European travel information authorisation scheme, or ETIAS. That scheme is due to be implemented later this year, although we hear from the Commission that it may be somewhat delayed. In that sense, the UK is not an outlier; it is moving in lockstep with international partners. However, I appreciate that the Republic of Ireland has not chosen thus far to create its own scheme, and there may be reasons why it is particularly difficult for it to do so.

Overall, we believe that the UK will be a safer place as a result of the ETA scheme, but that is not to deny the fact that the unique circumstances of Northern Ireland pose a series of challenges, which is the purpose of this debate. The Government have tried to take a pragmatic approach, which is seen most vividly in the exemption for non-visa national residents of Ireland. In response to concerns raised by Members of this House and the Government of the Republic of Ireland, as well as other stakeholders, about the possible impact of ETAs on residents of Ireland who frequently cross the Northern Ireland-Ireland border, the Government have agreed to exempt non-visa nationals who are legally resident in Ireland from the requirement to obtain an ETA when travelling to the UK on a journey within the common travel area. In order to benefit from that exemption if required by a UK immigration official, those who are legally resident in Ireland may instead present physical evidence to demonstrate that they are legally resident in Ireland. That seems to be a satisfactory solution to most parties involved.

The next issue is whether the Government could agree some form of exemption for tourists. As the hon. Member for North Down said, I am grateful for opportunities to engage with him and others, including some of the tourism organisations who are in the Public Gallery. My officials have also done extensive engagement work behind the scenes.

We have carefully considered the request to exempt those tourists visiting Northern Ireland from Ireland from the ETA requirement due to concerns that the requirement to obtain an ETA will be considered a bureaucratic barrier for international visitors visiting Northern Ireland from Ireland. We appreciate that the Northern Irish economy depends to an extent on those visitors and that a number of businesses and sectors benefit significantly from tourists who primarily come to, or at least fly into, the Republic, but want to take advantage of the many great attributes of Northern Ireland, whether that is golfing or visiting the coastline or historic cities and towns. We appreciate the concern that those people may view this modest barrier as sufficient to deter them from making day trips to or overnight stays in Northern Ireland.

In the Government’s view, ETAs will for the first time allow us to have a comprehensive understanding of those seeking to come to the UK via the common travel area and to refuse them permission in the very judicious circumstances where that would be appropriate. Exempting tourists visiting Northern Ireland from Ireland from the requirement to obtain an ETA would, to our mind, result in an unacceptable gap in UK border security, which would allow persons of interest or risk who would be refused an ETA to enter the UK legally, undermining the very purpose of the ETA scheme, which is to prevent those who pose a risk to the UK from entering it.

[Stephen Farry]

Will the Minister respond directly to the point that the hon. Member for Belfast East (Gavin Robinson) and I made? While the Government’s justification for the ETA is to collect that data and have an understanding of who is coming in, the Government do not have the means to collect that data from people crossing the land border, because there is no routine immigration control on the border. As such, those tourists entering Northern Ireland will not be in the system, but none the less they still carry the legal jeopardy of having that legal requirement. That is the nub of the issue: they do not go through immigration control, but they still bear all the risks associated with it. That is the essence of the plea for pragmatism.

[Robert Jenrick]

I understand the point the hon. Gentleman makes. This is not a perfect solution. A perfect solution is unavailable as long as we want to respect the unique circumstances of the island of Ireland and the common travel area, but we consider that it would be even more complex, or suboptimal, to have a situation where Northern Ireland was hived off from the scheme altogether. That would be a greater loophole in the ETA scheme and one that, having given this considerable thought, we are not willing to countenance.

Student Visas

Stephen Farry Excerpts

Wednesday 24th May 2023 Commons Chamber

[Robert Jenrick]

At the risk of repeating myself, there is no material difference between unemployment or economic inactivity in Scotland and in the rest of the UK—the hon. Lady is incorrect in that regard. The UK benefits enormously from a single immigration policy and offer to international students in universities in all parts of the world.

[Stephen Farry (North Down) (Alliance)]

In Northern Ireland, our universities are very dependent on international students, particularly in the light of the budget crisis we are facing. Employers cannot access labour without migration, which I am sure is the same for the rest of the UK. Rather than being a burden, our public services depend upon migrants for their basic functioning. Why are the Government so insistent on acting against the core interests of our public services, the economy and our local universities?

[Robert Jenrick]

Nothing could be further from the truth. It is this Government who established the international education strategy that led to 600,000 international students coming to the UK every year. Indeed, that number is likely to grow next year. With respect to public services, we created the health and social care visa, which last year led to 76,000 applications. Their dependants were able to join them. That was 11% of all the visas issued to individuals wishing to come to the United Kingdom. We are doing everything we can to support public services, but we must address the fact that very high levels of net migration place intolerable pressure on housing, public services and integration.

Illegal Migration Update

Stephen Farry Excerpts

Wednesday 29th March 2023 Commons Chamber

[Robert Jenrick]

My hon. Friend raises an important point that the public do not want to see performative or declaratory policies in this space: they want to see us acting, taking difficult decisions, and that is what is within this statement. He is correct to say that this requires an approach across many different avenues. Again, he can see that from the fact that we are rapidly reducing the backlog; that we have increased immigration enforcement visits by 50%; that we have established the small boats operational command in the channel and are recruiting hundreds of officers to staff it; and that we have signed deals with France and Albania. This shows the Government acting on every approach. My hon. Friend can be in no doubt that we will solve this problem, and if we fail, it will not be for want of trying.

[Stephen Farry (North Down) (Alliance)]

The Minister talked about only meeting the basic needs of the residents. However, mental health is a basic need to many people, and I do not see how isolation is going to help in that regard.

Following on from that, I invite the Minister to join me in condemning the racist protesters who are appearing outside hotels, including one in my own constituency. In particular, I invite him to directly challenge the tropes that are being used: that asylum seekers are sexual predators. The same tactic has been used down through the centuries to attack marginalised people.

[Robert Jenrick]

I have been very clear that those far-right and other elements who are inciting violence and intimidation outside hotels or other forms of accommodation are wrong. I have directed the Home Office to work closely with the police through the National Police Coordination Centre and other parts of Government, including the security services, to track that pernicious activity and support local councils and police forces in taking robust action wherever possible. If the hon. Gentleman has particular cases that he wants to bring to my attention, I would be pleased to look into them.

Illegal Migration Bill

Stephen Farry Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Ben Bradley]

That is a challenge that I raised in the House myself last year, but I have since had many conversations with the Department and feel reassured that that communication has been far better recently. I feel more confident now that that relationship is better, but it certainly was a challenge at the start, and I am grateful to my right hon. Friend the Minister for having dealt with that.

I will make some progress, because I know you are keen to crack on, Dame Rosie. I want to touch on a couple of the amendments and demonstrate some of the challenges in the system. There are several amendments that would effectively prevent deportation or removal at all costs, blocking the entire premise of our being able to control our borders. In preventing us from controlling our borders or removing people with no right to be here, the amendments would dissolve our national self-determination and national identity and degrade our ability to decide for ourselves, taking away some of the significant powers that we should have and hold in this country. As Ronald Reagan said, if you cannot control your borders, you are not a nation state.

For example, under amendment 138 someone could not be removed unless there was a safe and legal route, as the hon. Member for Walthamstow mentioned. To me, that says that, if there is not a safe and legal route, people have carte blanche to arrive here through whatever means they like. There cannot be a safe and legal route for everybody around the world who could be eligible to come here. There are 100 million displaced people around the world; we have to draw a line somewhere to say what is reasonable for us as a country to be able to resource. Local authorities are tasked with looking after many of the people who come, with limited resources and limited capacity. To be fair both to asylum seekers in genuine need and to UK citizens who rely on public services, we must draw a line. It cannot possibly be right to implement an amendment that would prevent us from removing anyone.

Under amendment 121, a person cannot be removed until we have exhausted a million appeals, through every court in the land, forever and ever. That will actively encourage the kinds of scenes that we have seen in recent years, with late appeals being lodged and people being dragged off flights. We will not be able to enact any of the Bill if hon. Members try to implement such amendments, which defeat its entire object. Perhaps that is what Opposition Members are trying to achieve in tabling them.

We need to stop the exploitation of children, and my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) is right to say that age verification is important in that. Important as it is to ensure that we implement a system that is tough on the rules for adults, if we want to implement a system that also has a duty to safeguard children and young people, we must be able effectively to decide who children are and to show that the system is not being exploited in that way.

If, under the Bill, all children have the same rights as British children and will not be removed at 18 years old, we are effectively saying, “You will be able to come and live here as a British citizen with a right to stay for ever.” Inevitably, more and more children will arrive on small boats. We would be actively encouraging people traffickers to exploit more vulnerable, unaccompanied children, put them on boats and push them off into the sea—a horrendous outcome.

My constituents voted by 71%—one of the highest proportions in the country—to leave the EU. They voted for self-determination; they voted to remove the control and overriding decision making of European institutions. Amendments 131 and 132 in the names of my hon. Friend the Member for Devizes (Danny Kruger) and my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke) would ensure that the rules are decided, implemented and applied here in the UK, regardless of the views of those in Strasbourg on removal flights or of provisions in the ECHR that might overreach or be open to exploitation. While we get to a place where we can work out a functioning asylum system, most of my constituents will expect us at the very least to be able to make our own rules and decisions, and determine compliance with those rules, here in the United Kingdom. That played a huge part in people’s choosing to leave the European institutions.

My Mansfield constituents absolutely expect to see a dramatic fall in the number of people crossing the channel illegally, people moved out of hotels and into secure accommodation, and removal flights taking people with no legal right to be in this country somewhere else. I again ask the Minister and the Home Secretary to do everything in their power to ensure that we keep that promise to the British people.

[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.

Oral Answers to Questions

Stephen Farry Excerpts

Monday 6th February 2023 Commons Chamber

[Robert Jenrick]

The published figures to September last year show that 3,400 Albanians claimed to be modern slaves. Of course, some within this number will prove to be so, but many will not, which is why it is right that we tackle abuse of the system. We have already taken substantial action by increasing the reasonable grounds threshold and reducing the minimum recovery period. If we need to take further action, we will.

[Stephen Farry (North Down) (Alliance)]

Around 40,000 people seeking asylum are stuck in hotels. However, Home Office policy allows decisions on refugee status to be communicated only to those who have been dispersed. Surely that is absurd and counterproductive. When will the policy change?

[Robert Jenrick]

We are considering this issue. The policy was put in place some time ago, for good reason: so that those local authorities that were bearing a disproportionate number of the individuals in hotels and temporary accommodation did not take a corresponding number of people were they to be granted asylum. We are looking into that at the moment.

Western Jet Foil and Manston Asylum Processing Centres

Stephen Farry Excerpts

Monday 31st October 2022 Commons Chamber

[Suella Braverman]

What a great question from my hon. Friend, and he is absolutely right. What is more, we are identifying, particularly with the young, single men who are coming from Albania, that they are either part of organised criminal gangs and procuring their journey through those nefarious means, or they are coming here and partaking in criminal activity, particularly related to drugs—supply and otherwise. In fact, a few weeks ago I attended a raid with members of the National Crime Agency where they arrested a suspected Albanian people smuggler in Banbury. This is a criminal problem. There are many people coming here with criminal intent and behaving in a criminal way. We need to stop it.

[Stephen Farry (North Down) (Alliance)]

At the recent Conservative party conference, the Home Secretary said that it was her “dream”, indeed her “obsession”, to see pictures of planes taking off for Rwanda on the front page of The Daily Telegraph—it had to be the Telegraph, of course. Does she appreciate how offensive, disturbing and anti-humanitarian that statement is, particularly when we bear in mind the true perspective that there are more than 80 million refugees and internally displaced people in the world, that the UK takes proportionally fewer refugees than many other European countries, and that the Home Office’s own figures from this year show that over 70% of asylum claims are successful, which belies all the propaganda that these are economic migrants?

[Suella Braverman]

I will tell the hon. Gentleman what I find offensive and disturbing. It is the sight of thousands of people coming to these shores illegally without a valid asylum claim, taking advantage of our generosity, abusing our laws and being accommodated free of charge. It is unfair, it is unacceptable and it is not right.