Stephen Farry debates involving the Home Office during the 2019 Parliament

Tue 22nd Mar 2022
Nationality and Borders Bill
Commons Chamber

Consideration of Lords amendments & Consideration of Lords amendments
Tue 1st Mar 2022
Tue 7th Dec 2021
Nationality and Borders Bill
Commons Chamber

Report stage & Report stage & Report stage
Mon 22nd Nov 2021
Tue 20th Jul 2021
Tue 21st Jul 2020
Counter-Terrorism and Sentencing Bill
Commons Chamber

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons & Report stage & 3rd reading

Migration and Economic Development Partnership with Rwanda

Stephen Farry Excerpts
Wednesday 15th June 2022

(1 year, 10 months ago)

Commons Chamber
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Priti Patel Portrait Priti Patel
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I think it fair to say that my hon. Friend is frustrated by the events that have taken place—understandably so, because so are the British people. That is why I will continue with our collective will and determination for this policy and for bringing in changes. We have just passed the Nationality and Borders Act 2022. There is work that we need to do, and we are going to get on with the job.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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For the sake of myth-busting, there is no requirement in international law for asylum seekers to claim asylum in the first country. Indeed, there are many legitimate reasons why people might choose to come to the UK.

I am grateful for the check and balance that we have from the European Court. The Home Secretary has avoided giving a clear commitment on the future of the European convention on human rights, so maybe I can ask the question in a different way. Over the past week, in relation to the protocol, Government Ministers have stressed their new-found undying commitment to all aspects of the Good Friday agreement. The convention is hardwired into that agreement. Does the Home Secretary therefore agree that it is untouchable?

Priti Patel Portrait Priti Patel
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Because of the legal proceedings that are taking place and the fact that I am waiting for the Court judgment, which is the right thing to do, I am not going to pre-empt it with any remarks or comments about the European Court of Human Rights.

Nationality and Borders Bill

Stephen Farry Excerpts
Tom Pursglove Portrait Tom Pursglove
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The right hon. Gentleman definitely gets the tone right in highlighting the severity of the criminality perpetrated by individuals who, as I say, we all want to bring to justice.

Another point that I would make, because it is useful in the context of the debate, is that such matters are considered on a case-by-case basis and people are often awarded a period of leave that is longer than 12 months, which is beneficial for them. We would not want to see an adverse situation where people received less time than perhaps they would have done, given that individuals are receiving more after a case-by-case consideration that takes into account all the relevant factors. As I say, we are very willing to take the issue away and to engage with my right hon. Friend the Member for Chingford and Woodford Green. We will have those discussions and conclude them accordingly. He should leave that with us and we will get that meeting organised as quickly as possible.

Lords amendment 27 inserts a new clause that relates to victims of slavery aged under 18. It would mean that victims under 18 could not be issued with a slavery and human trafficking notice. It would exclude that group from the new disqualifications from modern slavery protections, provide a blanket grant of leave to remain, and legislate for a specific reasonable grounds test for those whose exploitation took place under the age of 18 —yet not for other victims.

Before issuing a slavery or trafficking information notice, decision makers would not have information about an individual or their exploitation, including, crucially, their age when the relevant exploitation took place. Similarly, the reasonable grounds evidence gathering process is when information regarding the person’s exploitation is often identified, so only at that stage could decision makers know that the person’s exploitation had occurred before they turned 18. In practice, therefore, it would become unworkable to differentiate on the basis of the timings of exploitation. We know that children who have been trafficked need support, but what concerns us about this Lords amendment is that it would move us away from taking a case-by-case approach and could incentivise adults to claim that they are children. We therefore cannot support it.

I turn to Lords amendment 40, which concerns the operation of the electronic travel authorisation scheme in respect of individuals travelling to Northern Ireland on a local journey from the Republic of Ireland. We have been very clear in emphasising our continuing commitment to the Good Friday agreement and the protocol, and we would like to take the opportunity to reassure colleagues again that there will be no controls on the border between Northern Ireland and Ireland.

However, this amendment could result in an unacceptable gap in UK border security that would allow persons of interest or risk who would be otherwise refused an electronic travel authorisation to enter the UK legally, undermining the very purpose of the ETA scheme, which is to prevent the travel of those who pose a threat to the UK. It is important that, as now, all individuals—except British and Irish citizens—arriving in the UK, including those crossing the land border into Northern Ireland, continue to enter in line with the UK’s immigration framework to protect both the UK immigration system and the common travel area from abuse. This is a well-established principle of the operation of the common travel area and applies when travelling in all directions. The UK is entitled to introduce and change its own requirements in the interest of securing the UK border, and we will continue to liaise with the Irish authorities on matters of border security in relation to the common travel area. We therefore cannot support this amendment.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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First, would the Minister accept that great concern has been expressed by all parties in the Oireachtas—the Irish Parliament—and representatives from the Irish Government, who are very concerned about the impact the Bill will have on what are often daily movements on the island of Ireland by non-Irish nationals? Would he also accept that this is very damaging for the tourism trade on the island of Ireland, which is very much an integrated market, with people often landing in Dublin and then wishing to travel into Northern Ireland, and will prove to be a major obstacle in the way of those natural journeys?

Tom Pursglove Portrait Tom Pursglove
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I am very grateful to the hon. Gentleman for his question. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), was whispering in my ear at the same time, making the point that he has already had a meeting with the Irish Government to discuss this, and I know that that engagement is ongoing. He is also very willing to meet the hon. Gentleman to discuss this in greater detail, and we will get that meeting organised for him as quickly as possible to progress that.

I turn now to Lords amendments 28 to 39 and 42, which the Government have introduced in response to the crisis in Ukraine. They strengthen our visa penalty powers, meaning that we can impose penalties where a country poses a risk to international peace and security or when its actions lead or are likely to lead to armed conflict or a breach of humanitarian law. Lords amendment 42 means that these powers will come into effect as soon as the Bill receives Royal Assent, rather than two months after Royal Assent as we had originally been planning, so that we will be able to use them much sooner. I commend those amendments to the House, and I would like to think that they will be broadly welcomed.

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Tom Hunt Portrait Tom Hunt
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I intended to speak on the first group of amendments, but I have a lot to say about the second group as well, so I welcome the opportunity to contribute to this debate.

I welcome Lords amendments 28 and 29. It is good that we have a Government who take security in this country incredibly seriously. It is right that we are compassionate and generous when it comes to Ukrainian refugees, but I am sympathetic to the Government’s position of not completely waiving checks and of listening to the advice of the security services. I see Lords amendments 28 and 29 as an extension of the principle that the Government must protect the security of our country from individuals coming from countries deemed to be high-risk.

Lords amendments 30 to 35 amend clause 69—an incredibly important clause, in my view. I always hesitate to use the term “pull factor” because of some of the comments that have been made about pull factors, but I do think that one pull factor has been the ability of many people who have entered this country illegally, and who may or may not be legitimate refugees, to stay here. It is a case of, “Once you’re in, you’re in.” If we determine that an individual is not a refugee—if that person does not pass the tests—we must get them back to the country they came from as soon as possible. I therefore welcome clause 69 and think it should be protected from any potential amendments.

Let me be honest with the House: my view is that those who come here illegally should immediately be deported to the country from which they came. If someone wants to claim asylum, they ought to go through the correct procedure. I should be interested to hear from the Minister whether that is the case.

In general, I think that the Bill is extremely important. In relation to the amendments and what we heard earlier today, I suspect that many other Members on both sides of the House have constituents who, while they are incredibly big-hearted, and in particular have a big-hearted attitude to the Ukrainian refugees—and indeed other refugees—see a distinction between them and people who enter the country illegally and who we should not assume are refugees. Some may not be, and I think it important for us to bear that in mind. I also think that those in the other place—I will be careful about what I say, and I will be very respectful of the other place—should tread carefully, because I think there is immense support for this Bill out there in the country.

Stephen Farry Portrait Stephen Farry
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I will restrict my comments to Lords amendment 40, which I originally tabled in this House with my colleagues the hon. Members for Foyle (Colum Eastwood) and for Belfast South (Claire Hanna). I was very pleased when the House of Lords took it up. I especially thank Baroness Ritchie and Baroness Suttie, and all those who spoke in favour of the amendment at that time.

I believe that the system of electronic travel authorisations is essentially unworkable in the context of the island of Ireland. I know that the UK Government have received representations from the Irish Government, and they will also be aware of the cross-party opposition to this proposal in the Irish Houses of Parliament, the Oireachtas. It is important that we listen carefully to those voices and take account of the considerable concern felt in Northern Ireland about this measure.

Of course the common travel area applies to Irish citizens, but we are now talking about citizens of the European economic area who previously had freedom of movement and about all the other non-Irish residents of the island of Ireland having to apply for an ETA in due course. The Government may say that this is a simple process and there is no intention of introducing routine border checks; I recognise that they have been clear about that. None the less, it will be a new bureaucratic process. People may either forget to apply for their ETAs or forget to renew them, and some may even be placed in a degree of legal jeopardy. Someone who is in Northern Ireland without an ETA and has to interact with the UK state, perhaps for healthcare reasons or in the event of a traffic accident, will potentially be in a position of some uncertainty, and there may well be repercussions from that.

There are three instances in which this could become a problem. There are tens of thousands of movements each day on the island of Ireland involving Northern Ireland citizens—for the purposes of work or education, for example, and because people living in one part of the island may have business in the other jurisdiction. People who do not intend to do any business in Northern Ireland often have to travel through it to get from A to B. The quickest route from Dublin to Donegal is through Northern Ireland on the A5, and even someone making a very localised journey from Clones or Cavan town, for example, will cross the border four times in the course of that short journey. This could become fairly absurd.

There is also the question of tourism. The island of Ireland is very much a single market for tourists. Many people come to the south, and then want to come to Northern Ireland to see all our wonderful attractions and take advantage of our great scenery. We can foresee a situation where tourists are not aware of the requirements, or where tour operators have to go through bureaucracy in order to ensure that their passengers on bus tours, for example, are fully compliant with this new law. That may well put some people out of the market or persuade them not offer that type of service. That would be a huge loss to our tourism sector, which is a key aspect of the Northern Ireland economy. The movements that happen at present on the island of Ireland are not a threat to UK security. I encourage the Government to reflect on this further and talk more to the Irish Government about finding a resolution.

None Portrait Several hon. Members rose—
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Ukraine

Stephen Farry Excerpts
Tuesday 1st March 2022

(2 years, 2 months ago)

Commons Chamber
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Priti Patel Portrait Priti Patel
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First, if my hon. Friend sends me the details of the church, the Department for Levelling Up, Housing and Communities will pick that up through the sponsorship group. We are working in fast time on all this and things are moving very quickly. As he said, he has been contacted during this statement. We want to take up every single sort of offer and a lot of co-ordination is taking place in Government.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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Today, we are rightly focusing on the terrible situation in Ukraine, but I stress the importance of not forgetting the Afghans who are still trying to flee Afghanistan and those who are caught in the asylum system in the UK. On Ukraine, I am aware of Afghan refugees who have already fled one war who currently have asylum in Ukraine, and there are other non-Ukrainian nationals who need to flee Ukraine. Will the Home Secretary clarify whether the various routes that she has outlined are open to people who want to flee Ukraine but who are not Ukrainian?

Priti Patel Portrait Priti Patel
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Obviously, the situation is developing, but I have outlined specific family and sponsorship routes, and also the community sponsorship route, and there will be information coming on that. I cannot today talk about other categories of people who are not Ukrainian coming to the UK. Clearly, a lot of work is under way right now. As I have said, we have to look at everything, and we are currently doing so.

Nationality and Borders Bill

Stephen Farry Excerpts
Edward Leigh Portrait Sir Edward Leigh
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The Pope was recently in Greece, and he criticised European Governments for their lack of humanity to migrants. Normally I agree with the Pope, and it is his job to stand up for the poor and the dispossessed of the world, but—leaving aside the fact that if Greece accepted 100 a day, 1,000 would come tomorrow, and that if it accepted 1,000 the next day, 2,000 would come the day after that—there are countries in the world in such an appalling mess, such as Syria, Iraq, Libya and Somalia, that there is no limit to how many people would want to come here.

The people crossing the channel are not the world’s poorest. They are paying £6,000 or £7,000 to get here. They are not the world’s poorest people; they are economic migrants. If we are weak as a Government, we are actually being inhumane. We are putting people’s lives at risk because more and more people will come to our shores and risk the channel. So to be kind, it may be a cliché, but we have to be tough and we have to get rid of the pull factor. There is no point in going on blaming the French. Of course, we would like them to take people back, but they probably will not.

We have to get rid of the pull factor, and that is why I have put forward new clause 23. The only way we are going to stop this is if we put economic migrants who enter this country illegally in secure accommodation. They know that they can vanish in the community, there is a minuscule chance of their being deported, and they have better chances and better job prospects here than in France and elsewhere, so the Government have to get firm and tough on this. By the way, according to the law of the sea, it would be perfectly legal for them to escort economic migrants back to the shores of France with Border Force vessels. I say to the Government: act now, get tough, or people will die.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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I have to say there were a lot of myths and misunderstandings in that last contribution.

I want to speak to amendments 113 and 13 in my name, and to endorse new clauses 10, 11 and 28, of which I am a co-sponsor. Amendment 113 prohibits the UK from acting in breach of the UK’s international obligations. In particular, the notions of pushback and offshoring are the most extreme manifestations of the hostile environment, and there is the scapegoating and dehumanisation of those fleeing war and persecution.

Amendment 13 is on an entirely different issue that has not been touched on in the debate, nor indeed was it much in Committee. It relates to electronic travel authorisations, and in particular what is going to happen about movement on the island of Ireland. These authorisations will be required for all non-Irish visitors who wish to enter the United Kingdom, including via the land border.

While the Government insist that there will be no routine immigration checks on the land border on the island of Ireland, these requirements will nevertheless create new bureaucracy and legal uncertainty for thousands of EU citizens—and, indeed, other non-British and non-Irish residents south of the border—who cross the border often on a daily basis, whether for family visitation, to work, to shop, for healthcare, for education or for leisure. Indeed, there are some circumstances where the straightest route between two points actually involves crossing into Northern Ireland, sometimes on several occasions.

The Government might say that they are committed to no new checks, but people will be placed in legal uncertainty and, if there is any interaction with the UK state, major consequences may flow from that. The potential repercussions could be as severe as people going to prison. This is not practical on the island of Ireland, and I urge the Government to reconsider what they are doing in terms of electronic travel authorisations.

Channel Crossings in Small Boats

Stephen Farry Excerpts
Monday 22nd November 2021

(2 years, 5 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Priti Patel Portrait Priti Patel
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This is an important question. My hon. Friend raises important points around the age verification of illegal migrants who pose as children. That poses wider security and safeguarding concerns. We have seen in previous years, I am very disappointed to say, grown adult men in schools, which poses wider safeguarding issues. My hon. Friend asks about other countries and the type of techniques they use. The techniques we are proposing in the Nationality and Borders Bill are used in many EU member states.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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I have to say that a lot of the language used today in relation to those fleeing war and persecution—dehumanising them and demonising them—is deeply, deeply troubling. There are about 80 million people around the world who are either refugees or internally displaced. The UK is being asked to help only a small fraction. Will the Home Secretary recognise that under the 1951 refugee convention, people do not have to seek asylum in the first safe country they reach?

Priti Patel Portrait Priti Patel
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I disagree with the hon. Gentleman’s overall tone. This is a lively debate for a range of reasons, and there are very serious and important issues at stake. The Government are very clear on moral obligations, humanitarian commitments, standing by the refugee convention, international treaties, and working with the right multilateral agencies to provide help and support to those fleeing persecution. We stand by that. I have said many, many times over the course of the last couple of hours that that is work we are doing and will continue to do. There are 80 million people around the world who are displaced or fleeing their own countries for a wide range of reasons, but there is an important point to make. The United Kingdom cannot accommodate everyone, which is why the international community also needs to do much more in terms of safe and legal routes—we are working internationally on that—and why we are bringing in long-term reforms.

Oral Answers to Questions

Stephen Farry Excerpts
Monday 22nd November 2021

(2 years, 5 months ago)

Commons Chamber
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Kit Malthouse Portrait Kit Malthouse
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My hon. Friend is right, and he will know that through the Uplift programme we are pushing hard to increase the diversity of UK policing so that the police force looks like the population whom it seeks to protect and represent. We have instituted a review of vetting across policing and, indeed, wider work on police integrity generally, but we are also talking to police leaders about the signal that they send internally within the force to create a culture that inspires trust and a sense of integrity in the British people. I should add that it is important that the police fulfil the basic expectations of every single subject in this land, and in doing so inspire the trust that my hon. Friend seeks.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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T6. A harsh winter is about to hit Afghanistan, and the United Nations estimates that 23 million people will be at risk of famine. Surely it is a major dereliction of duty for the Government not to have the Afghanistan resettlement scheme in place. Many people have been left in limbo as a result, and aid agencies are looking for answers in respect of what is going to happen.

Afghanistan Policy

Stephen Farry Excerpts
Monday 13th September 2021

(2 years, 7 months ago)

Commons Chamber
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Victoria Atkins Portrait Victoria Atkins
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I do not want to have to repeat the answers I have given in relation to correspondence, because I know the pressures of time. As I say, there will be a “Dear colleague” in due course, and I hope that that will help to deal with some of the hon. Member’s correspondence.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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What reassurance can the Minister give to the 3,000 Afghans who were in our asylum system prior to the fall of Kabul? What lessons will she take from what other European countries are doing around a fast-track system? Crucially, can she give the assurance that under no circumstances will anyone be deported back to Afghanistan?

Victoria Atkins Portrait Victoria Atkins
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We have said that there will be no more returns to Afghanistan. If someone is in the asylum system, they are supported, and their claim will remain within the asylum system as usual.

Nationality and Borders Bill

Stephen Farry Excerpts
2nd reading
Tuesday 20th July 2021

(2 years, 9 months ago)

Commons Chamber
Read Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Stephen Farry Portrait Stephen Farry (North Down) (Alliance) [V]
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Overall, this is a horrible and unnecessary Bill. The UK does not have a problem with asylum seekers, nor indeed immigration. Asylum seekers have been unjustly and cruelly demonised. Some specific examples regarding asylum seekers are being magnified and generalised in order to rationalise bad law. Conflict, gross human rights abuses and persecution will result in more and more movements of people over the course of the century. Indeed, climate change will likely be a major driver of that conflict. The UK must acknowledge both its capacity to assist and indeed the requirements of basic humanity, and therefore ensure that its laws are consistent with those realities.

On a per capita basis, the UK accepts fewer asylum seekers than most other European jurisdictions, and faces less pressure due to its geographically peripheral position in relation to some of the migrant routes. The UK is not being invaded or overrun. Asylum seekers and, indeed, immigrants are not overwhelming public services or stealing jobs. Where pressures exist on services, that reflects both poor planning and under-investment. Where pockets of unemployment or under-employment exist, that reflects poor investment in skills and job creation initiatives.

The current high bar to acceptance of asylum claims is expected to be even higher as a result of the Bill, and those who try to assist run the risk of being criminalised. The notion of offshoring asylum seekers is particularly repugnant. We need a system based on humanitarian values and objective consideration of cases. Crucial to that are safe and legal routes to sanctuary in the UK.

I will flag some other concerns on the Bill. The first relates to the clause on electronic travel authorisation. The EU settlement scheme covers those European economic area citizens who are normally resident in the UK, but it does not apply to EU citizens who live in the Republic of Ireland, and they are also not covered by the common travel area. There is a danger that that could have an impact on thousands of people who live on the island of Ireland and cross the border, sometimes daily.

Although the Government have said that there will be no immigration controls at the border on the island of Ireland, there could still be a bureaucratic complication for those EU nationals to comply with any requirements around an ETA, and legal uncertainty for those entering Northern Ireland without one. I would be grateful for clarification on how these particular circumstances will be taken into account.

The nationality parts of the Bill have received much less attention, and I want to focus on the Government’s failure properly to reflect in domestic law the citizenship and identity aspects of the Good Friday agreement, namely that it is the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland.

Like many people, I am comfortable with both a British and an Irish identity. However, there is a core of people born in Northern Ireland, as a full part of the United Kingdom, who wish only to identify as Irish and be accepted as Irish. The Good Friday agreement clearly provides for this situation. However, this reality is not yet reflected in UK domestic law, where people are legally treated as British by default at birth.

That problem was crystallised in the Emma DeSouza case. The Committee on the Administration of Justice reported:

“The Home Office response to the DeSouza case included taking the position that it did not have to comply with the GFA as it is not domestically enforceable; arguing a reduction of the scope of the birthright provisions to one of ‘national identity’ in the abstract (overlooking the ‘accept as’ duty)”.

At the very least, the UK and Irish Governments need to meet to discuss these differences and what acceptance of choice should mean in practice. Indeed, that was a recommendation of the recent report of the Northern Ireland Affairs Committee. Renunciation is cited as one possible solution, and it may well be for some, but at present the process requires someone to declare that they start as British, which is at odds with the wording of the Good Friday agreement.

At present, this may well be framed as a problem solely for those who identify as Irish, but at some stage in the future there may well be a united Ireland. In those circumstances, there will also be an expectation that those who wish solely to identify as British from birth should also be accommodated, so this issue works both ways.

There is potentially a legislative way forward in the 2020 report completed by the barrister Alison Harvey on behalf of the joint committee of the Northern Ireland Human Rights Commission and the Irish Human Rights and Equality Commission. I urge the Government to give strong consideration to those recommendations.

Channel Crossings in Small Boats

Stephen Farry Excerpts
Wednesday 2nd September 2020

(3 years, 8 months ago)

Commons Chamber
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Chris Philp Portrait Chris Philp
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I share the sentiments of my right hon. Friend, who has a long record himself in the Home Office, and the work he describes is under way as we speak.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance) [V]
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Can the Minister confirm that the UK is not in fact being invaded, and does he recognise that the Government’s quasi-military response, rather than humanitarian response, with terms such as “clandestine channel threat commander”, only fuels tension, the scapegoating of asylum seekers and racism?

Chris Philp Portrait Chris Philp
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There is nothing improper about seeking to police our country’s borders, and this Government will not apologise for doing so.

Counter-Terrorism and Sentencing Bill

Stephen Farry Excerpts
Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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I do want to give time for the second group of amendments that we are discussing on Report, so I am imposing a five-minute limit in order to get everyone in.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
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It is a privilege to follow the hon. Member for Rutland and Melton (Alicia Kearns). I recognise her deep experience around these issues.

I primarily want to talk to amendments 1 to 5 in my name and in the names of others. At the outset, let me stress my support for the Bill overall, and for the aims of tackling terrorism and of keeping our people and our communities safe from that threat. All of us from Northern Ireland have been deeply touched by terrorism in a very particular way over the past 50 years, but given the references that have been made to 7/7 and its anniversary that has just passed, I would like to read into the record thoughts about my cousin, Ciaran Cassidy, who was brutally murdered at Russell Square. His remains laid unidentified for six days, which brings home the enormity of the issues with which we are dealing. I accept the need for tougher sentencing and recognise that that brings very significant benefits, but it is important that we acknowledge that there is a much wider picture here, which involves trying to address terrorism at source and to prevent people falling into terrorism and being influenced by others. It is important that we bear that wider context in mind.

My main concerns lie in the application of the Bill to Northern Ireland. I certainly see attractions in the overall uniform approach across the UK in avoiding a two-tier system, and, indeed, Northern Ireland does want equal protection in that respect from the broad principles and framework of this Bill. None the less, we do need to recognise that, when it comes to implementation of those principles, a one-size-fits-all approach does not always work, and that flexibility needs to be considered in certain circumstances.

My main focus is around clause 30 and the retrospective application of the Terrorist Offenders (Restriction of Early Release) Act 2020 to certain terrorist offenders in Northern Ireland, primarily a small number of dissident republicans. I am happy to see a tougher sentencing regime going forward, but I am concerned that the retrospective application will, in practice, bring relatively little benefit and could be counterproductive in a number of ways.

To date, the Government have only really addressed this issue in terms of the argument around interfering with judicial discretion and the potential implications for article 7 of the European convention on human rights. We can beg to differ on that particular issue, and we will see what happens down the line. In particular, I want to stress the concern around the potential propaganda opportunities that could be given to dissident republican terrorists and their fellow travellers.

Some people may seek to twist what the Government are doing into an argument that this somehow shifts the goalposts and creates a context for political imprisonment. We have had a sad history in Northern Ireland, from internment to the hunger strikes and beyond, of terrorists and their allies using the situation in prisons and framed grievances for wider agitation in the community and recruitment purposes.

The terrorist threat in Northern Ireland remains severe. The Police Service of Northern Ireland and the security service are doing an excellent job in tackling that terrorism, but it is, ever, a difficult challenge that they face. There are, sadly, still ongoing incidents and bomb incidents, and people losing their lives. We need to be mindful of that.

The Minister will be aware that the Northern Ireland Human Rights Commission has raised concerns about clause 30. He will also know that my party colleague, the Minister for Justice in Northern Ireland, has raised those concerns and had a number of conversations with him. Indeed, there is a considerable question mark over whether the necessary legislative consent motion will get through the Northern Ireland Executive and Assembly.

It is important that there is ongoing discussion and dialogue beyond the passing of the Bill through the Commons later today, whenever it hits the other place for consideration. Let us not finish that dialogue today. I will press not press my amendments to a vote, but I urge the Government to listen to the very genuine concerns I raise from the Northern Ireland perspective.

Sally-Ann Hart Portrait Sally-Ann Hart (Hastings and Rye) (Con)
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It is a pleasure to follow the hon. Member for North Down (Stephen Farry), who spoke with great insight. I want to touch on the purpose of sentencing, which is primarily: to punish the offender; to reduce crime by preventing an offender from committing more crime; to act as a deterrent to others from committing similar offences; to reform and rehabilitate by changing an offender’s behaviour to prevent future crime and reoffending; and to protect the public from an offender and from the risk of more crimes being committed. When it comes to terrorism and terrorist offences, we must shout from the rooftops that, as a united country and as a people, we will not tolerate terrorist criminality even if it is from young adults. This behaviour is morally wrong, and there is no place for it in our society.

We are all incredibly lucky to live in such a free and tolerant country. We have freedoms not always found in other countries, which we too often take for granted. We must get tough, with zero tolerance as a country on people who wish to do us harm and try to disrupt our way of life. Some of these terrorists can have a long-term goal, and we need to be sure that, when they are released, they no longer seek to do us harm. We must face reality that, for some terrorist offenders, the risk to do harm endures, and we cannot be certain whether rehabilitation is simulated or real.

Terrorism comes in many forms to create fear and anxiety, and to stifle debate. Some people forget that terrorism has an impact on our human rights by affecting our enjoyment of the right to life, liberty and physical safety. It impacts on individuals, our communities and our society by undermining our peace and security. It threatens our social and economic development. An individual’s security is a basic human right, and protection of individuals is a fundamental duty of Government. I therefore welcome the Bill and its creation of a new serious terrorism sentence for dangerous offenders whose acts are very likely to have caused or contributed to multiple deaths. The 14-year minimum jail term, with up to 25 years spent on licence, will act as a real deterrent and send a strong message that this country will not tolerate and will not be cowed by the ill will of terrorists.