Illegal Migration

Stephen Kinnock Excerpts

Tuesday 24th October 2023 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

I thank the Minister for advance sight of his statement.

At the time of the last election, the asylum backlog had already spiralled under Conservative mismanagement, but the number of small boats crossing the channel was close to zero, as was the number of emergency hotels being used. If we fast-forward four years, we see before us a picture of Tory boats chaos. For the third year running, more than 25,000 people have crossed the channel in small boats, while the number of hotels being used is about 400, at an eye-watering cost to the taxpayer of £8 million a day—higher than the cost last year. And what is the Government’s response? A Rwanda plan, but they have sent more Home Secretaries than asylum seekers to Rwanda; an Illegal Migration Act that is counterproductive and has not even been brought into full force yet; and a new barge that was meant to bring down hotel costs, but has only added to them. Also, the military bases promised by the Prime Minister last December are still not ready. All of this has left the Prime Minister with an asylum strategy this summer that was less akin to the Australian asylum model that he is so desperate to replicate and more in tune with the Australian cricket team during this summer’s Ashes: cross your fingers and pray for rain. Surely the Prime Minister knows that this was the wettest summer since 1912, and surely he recognises the impact that this had on small boat crossings.

The Government also like to claim to be bringing the backlog down, but it stands at 176,000. They like to talk about a legacy backlog, but this is just nonsense. It is a figment of the Prime Minister’s imagination. He is taking last year’s workload but ignoring this year’s workload. The backlog is the backlog is the backlog. You can slice the cake however you want and spin it however you want, but the cake is still the same size: 176,000 in the last quarterly figures—up, not down. As for those who are being processed and rejected—slowly, it must be said, at half the productivity of seven years ago—are they actually being returned? Removals are down 70% since Labour left office, with a 40,000 removals backlog.

On the issue of hotel use, today’s announcement illustrates better than any other the utter lack of ambition the Prime Minister has for our country. It beggars belief that the Minister has the brass neck to come here today to announce not that the Government have cut the number of hotels being used but that they simply plan to do so, and by a paltry 12%. Is that really it? Is it really their ambition that there will still be 350 asylum hotels in use at the end of the winter, despite promises last year that they would end hotel use this year?

Further questions for the Minister. Is it really true that the hotels he is considering closing will be in marginal constituencies? Does he really think that the public might not see through that ruse? Will he publish a list of the hotels he plans to close over the next six months? And why does the Minister not come back to update this Chamber when he has actually achieved something—not when he plans to achieve something or done a small part of what has been promised, but when the Prime Minister has actually achieved what he said he was going to achieve? At the moment, he sounds like an arsonist who has burned our house down and is expecting us to thank him for throwing a bucket of water on it.

Better still, why will this Government not get out of the way so that we on these Benches can show the leadership shown by our leader and our shadow Home Secretary on their trip to Europol recently, where they set out Labour’s plans to stop the Tory boats chaos by smashing the gangs, clearing the asylum backlog by surging the number of caseworkers, ending hotel use and fixing the asylum system, which successive Conservative Prime Ministers have utterly broken after 13 years of neglect and incompetence?

[Robert Jenrick]

So it is all down to the weather again. Every time I come to this Chamber, it is about the weather. The hon. Gentleman is becoming the Michael Fish of British politics: he always gets the forecasts wrong. The truth is that he cannot bear to admit that our plan is actually starting to work. Returns are up, raids are up, productivity is up 10 times and, above all, small boat arrivals are down. We are closing hotels; he wants to open our borders. The Government will never elevate the interests of illegal migrants over those of the hard-working taxpayers of this country. That is what we hold in our minds every day in this job, and that is the difference between the Labour party and this Government.

We used to think that the Labour party had no plan, but now we know that it does not even want to stop the boats. In the summer, the Leader of the Opposition said that, even if the Rwanda plan was working, he would still scrap it. How telling was that? Even if we were securing our borders, he would scrap it and wave people into our country. He also said on his fabled trip to Europe that he would strike a new deal with the EU, which would bring thousands of people into the country. The new towns that he announced at the Labour party conference would be filled with illegal migrants. We will never do that. The Labour party’s strategy is to force the British public to grudgingly accept mass migration. We disagree. We believe that the British public believe in secure borders and that they want a robust and fair immigration and asylum system. Our plan is working. Don’t let Labour ruin it.

Oral Answers to Questions

Stephen Kinnock Excerpts

Monday 18th September 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Stephen Kinnock (Aberavon) (Lab)]

It has been more than a month since all 39 asylum seekers were hauled off the 500-capacity Bibby Stockholm because of the detection of legionella, but the Home Secretary is yet to give a date for when the barge will actually be ready for use. We still do not know why she chose not to wait for the legionella results before ploughing ahead, and why her Minister was so slow to act once the results came in. We are still yet to hear a denial from the Home Secretary that it is one of the most lethal strains of the bacteria, as reported in the media. Today, will she set out her responses to those questions and confirm the exact cost of the barge? Half a million pounds per month to house zero asylum seekers on this floating symbol of failure feels utterly extortionate. Why is it that the only boat this Government have managed to stop is their own?

[Suella Braverman]

I am somewhat surprised by the hon. Gentleman’s change of tune: he is on the record in the media as supporting our use of the barge, so a change of heart is welcome. We have assessed the barge—it has been under constant scrutiny—and we will be re-embarking people on to that barge as soon as is practical and possible. What is clear is that the hon. Gentleman simply has no answers for how to solve the broader problem. The truth is that Labour’s policy has not survived contact with reality: it has been denounced by the EU, its shadow Ministers are making it up as they go along, and the leader has had to backtrack—and it has not even been a week. Only the Conservative party has a plan that is based on reality, deterrence and delivery, and it will stop the boats.

Illegal Migration Update

Stephen Kinnock Excerpts

Tuesday 5th September 2023 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

I thank the Minister for advance sight of his statement, thin though it is, and I echo his sentiments in sending condolences to the families of those six people who died tragically in the accident in the channel earlier this summer. We simply must stop these dangerous crossings.

I am absolutely bewildered that, after the summer we have had, yesterday the Prime Minister claimed victory in his broken pledge to stop the boats. This Saturday we saw the year’s record number of channel crossings, with more than 870 people making that dangerous journey in a single day, and the total number has now soared to a whopping 21,000 for the year. The only reason the number is not breaking last year’s record is the poor weather in July and August—and a strategy that depends on the weather is probably not a very sustainable strategy at all.

What has that left us with? A Government flailing around, chasing headlines with gimmicks and stunts rather than doing the hard graft of actually stopping the boats, clearing the backlog and getting people out of the hotels. Take their much celebrated small boats week last month, which turned out to be an absolute omnishambles, with taxpayers paying the price. No wonder the Home Secretary did not want to do a single interview, and no wonder she is not in the Chamber today.

Do not take my word for it: that well-known pro-Labour publication the Daily Mail did a day-by-day review. On the Monday, just 39 migrants were brought into the 500-capacity Bibby Stockholm barge. On the Tuesday, the Conservative deputy chairman admitted that his party has “failed” on immigration. On the Wednesday, the Immigration Minister sparked fresh Tory infighting over whether Britain should leave the European convention on human rights. On the Thursday, channel crossings hit their highest daily number for the year. Then, to cap it all, on the Friday, all the asylum seekers were removed from the Bibby Stockholm because of the presence of legionella in the water supply. You could not make it up.

The Bibby Stockholm was supposed to be a symbol of the Conservatives’ cutting asylum costs, but the Minister has not even mentioned those costs today. Instead, it stands alongside the boats and the hotels as a floating symbol of Conservative failure and incompetence that is costing the taxpayer half a million pounds a month. On top of that, new Home Office data in August showed us that the asylum seeker backlog has grown ninefold to an enormous 175,000 under the Conservatives at a cost of £4 billion a year to the taxpayer—incredibly, eight times higher than it was when Labour left office in 2010. That waste is the cost of 13 years of Conservative neglect.

Today, we debate the cost of the spiralling asylum backlog, driven by cutting the costs of asylum decision making in 2013. Yesterday, the Chancellor was promising to spend “whatever it takes” to fix crumbling classrooms caused by the Prime Minister’s cuts to the schools budget as Chancellor. Tomorrow, we will no doubt be back to the economy and the financial costs of low growth and spiralling mortgages. Everywhere we look, we see the costs of Conservative incompetence.

The Minister speaks now of this new deal with Turkey. Well, I am glad that the Government have started to listen to Labour—we have been calling for tough action to disrupt the gangs upstream for well over a year—but this looks pitifully weak. This announcement comes with no new funding or staff, meaning that officers could be taken off existing functions. That stands in contrast to Labour’s fully funded plan to hire hundreds of specialists specifically to work on that challenge. Meanwhile, Turkish nationals have become one of the largest groups crossing the channel this year.

The Minister boasts about returns of failed asylum seekers going up, but they are actually down 70% compared with when Labour left office in 2010. Forty thousand are awaiting removal, and, at the current rate, it will take the Government more than 10 years to achieve their target. Two thousand fewer foreign national offenders are being removed per year compared with when Labour left office in 2010.

The Minister brags about the legacy backlog—a figment of the Prime Minister’s imagination—going down, but he knows full well that the only backlog that matters is that of the 175,000 people, and that number is still going up. We know that the Government are cooking the books in that regard, marking large numbers of asylum seekers as “withdrawn” because they have missed a single appointment or failed to fill in a form correctly. A Conservative Back-Bench MP described that as an amnesty in all but name.

The Minister has decided to make illegal working even more illegal. The problem is that there has been a lack of Government enforcement. Employers who are exploiting and illegally employing migrant workers should face the full force of the law, but in reality, the number of penalties issued to firms has fallen by two thirds since 2016.

There are so many questions that it is difficult to know where to start, but let us start with these: when did the Minister know about legionella on Bibby Stockholm? How much is the barge currently costing? How many people are currently in hotels? Does he actually intend to implement the much-vaunted Illegal Migration Act 2023? The Prime Minister keeps declaring victory, but the reality is that nothing is working and everything the Government do just makes everything worse, so when will they get out of the way so that we on the Labour Benches can take over, implement our plan and retake control of our broken asylum system?

[Robert Jenrick]

That was a desperately thin response. We can deduce from it that the Labour party has absolutely no plan to tackle this issue. Of course the hon. Gentleman has had a quieter summer than me, but that is because the Labour party is completely uninterested in tackling illegal migration.

The hon. Gentleman talks about small boats week. Well, let us see how it went for the Labour party. On Monday, the Government announced the biggest increase in fines for illegal working and renting for a decade, while Labour MPs called for illegal migrants to have the right to work immediately, which would act as a massive magnet for even more crossings. On Tuesday, we announced our professional enablers taskforce to clamp down on lawyers who abuse the system, while Labour MPs were awfully quiet, weren’t they? They did nothing to distance themselves from the litany of councillors and advisers exposed as being implicated in efforts to stop the removal of criminals and failed asylum seekers. On Wednesday, we announced a partnership with Turkey to smash the gangs, while the shadow Home Secretary claimed that morning that what we really needed was a return to the Dublin convention—something that even the EU described as “prehistoric”.

The truth is that the Labour party has no plan to tackle this issue, and does not even want to tackle it. We on the Conservative Benches are getting on with the job, and we are making progress: while the rest of Europe sees significant increases in migrants, we are seeing significant falls. Our plan is the most comprehensive of any country in Europe and it is starting to work.

Illegal Migration Bill

Stephen Kinnock Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

On Tuesday, I described the way in which this Government have

“taken a sledgehammer to our asylum system”.—[Official Report, 11 July 2023; Vol. 736, c. 218.]

I outlined the massive and far-reaching costs and consequences of 13 years of Tory incompetence and indifference. I described this bigger backlog Bill as a “shambolic farce” that will only compound the chaos that Ministers have created. I urged the Government to accept the amendments proposed by the other place and to adopt Labour’s pragmatic, realistic and workable five-point plan to stop the boats and fix our broken asylum system.

I set out how the Bill’s unworkability centres on the fact that it orders the Home Secretary to detain asylum seekers where there is nowhere to detain them. It prevents her from processing and returning failed asylum seekers across the channel to their country of origin, instead forcing her to return them to a third country such as Rwanda. However, Rwanda can take only 0.3% of those who came here on small boats last year. The Rwanda plan is neither credible nor workable, because the tiny risk of being sent to Kigali will not deter those who have already risked life and limb to make dangerous journeys across the continent.

Yet here we are again today, responding to the realisation that, in their typically arrogant and tin-eared fashion, Ministers are once again refusing to listen. They are once again closing their eyes and ears to the reality of what is happening around them and choosing to carry on driving the car straight into a brick wall. But we on the Labour Benches refuse to give up. We shall continue in our attempts to persuade the Government to come to their senses. I shall seek to do that today by setting out why the arguments that the Immigration Minister has made against the amendments from the other place are both fundamentally flawed and dangerously counterproductive.

[Laura Farris (Newbury) (Con)]

If the principle of removal to a safe third country is not an adequate deterrent, why was that principle the flagship of the last Labour Government’s immigration policy in the Nationality, Immigration and Asylum Act 2002? What was the point of section 94—its most controversial provision—if it was not about the swift removal of failed asylum seekers?

[Stephen Kinnock]

The crucial point is that for a deterrent to be effective, it has to be credible. A deterrent based on a 0.3% risk of being sent to Rwanda is completely and utterly incredible. The only deterrent that works is a comprehensive returns deal with mainland Europe. If someone knows that, were they to come here on a small boat, they would be sent back to mainland Europe, they will not come and they will not pay €5,000 to the people smuggler. The only way to get that deal is to have a sensible and pragmatic negotiation with the European Union based on quid pro quo—give and take. That is the fundamental reality of the situation in which we find ourselves, but unfortunately those on the Conservative Benches keep closing their ears to that reality.

[Laura Farris]

I am grateful to the hon. Gentleman for giving way again—I will not take long. Does he not accept that, in reality, there is no such thing as a returns deal with mainland Europe? The reason the Dublin convention was such a disaster and never resulted in us removing more people than we took in was that it was so incredibly difficult to get European countries to accept removals and make that happen. It is just an unworkable suggestion.

[Stephen Kinnock]

Surely the hon. Lady sees the direct connection between us crashing out of the Dublin regulation because of the utterly botched Brexit of the Government she speaks for, and the number of small boat crossings starting to skyrocket. There is a direct correlation between crashing out of the Dublin regulation and skyrocketing small boat crossings. I hope that she will look at the data and realise the truth of the matter.

[Tim Loughton (East Worthing and Shoreham) (Con)]

We have had this conversation before. The hon. Gentleman knows that when we were covered by Dublin—before we came out of it through Brexit—there were more than 8,000 requests for people to be deported back to an EU country, and only 108 of those requests, or about 1.5%, were actually granted. So there was not some golden era when it worked under Dublin; it was not working then, and it certainly will not work now.

[Stephen Kinnock]

The hon. Gentleman is right, we have had this conversation before, and he consistently refuses to listen to the fact that the Dublin regulation acted as a deterrent, so the numbers that he talks about were small. The number of small boat crossings was small when we were part of the Dublin regulation. We left the Dublin regulation, and now the number is large—it is not rocket science. There is a clear connection, a correlation, a causal link between the two.

[Sir Robert Buckland (South Swindon) (Con)]

The hon. Gentleman is being very generous with his time. The reason the small boats problem has grown exponentially is that we dealt with the lorries issue. We closed the loophole when it came to lorries and the channel tunnel in particular, and that is why people are now resorting to small boats. It is nothing to do with Dublin. Surely those are the facts.

[Stephen Kinnock]

I simply say to the right hon. and learned Gentleman that last year, we had 45,000 people coming on small boats and goodness knows how many on lorries—of course, those coming by clandestine means in the back of a lorry are far more difficult to detect than those coming on small boats, so the small boats crisis is, by definition, far more visible. It is true that that juxtaposition and the new arrangements have had a positive impact, but we still do not know how many are coming. I have been to camps in Calais and spoken to many who are planning to come on lorries rather than on small boats—not least because it is a far cheaper alternative. The reality is that a very large number of people are coming to our country through irregular means, but it is also clear that that number was significantly smaller when we were part of the Dublin regulation. That is because it was a comprehensive deterrent, compared with the utterly insignificant power of the Rwanda programme as a deterrent.

[Alexander Stafford (Rother Valley) (Con)]

Will the hon. Member give way?

--- Later in debate ---

[Stephen Kinnock]

I will make a little bit of progress, and then I will allow the hon. Gentleman to intervene.

I will turn first to Lords amendment 1B, intended to ensure that the Bill is consistent with international law, which Labour fully supports. Last week, the Minister deemed the same amendment unnecessary, because:

“It goes without saying that the Government obey our international obligations, as we do with all pieces of legislation.”—[Official Report, 11 July 2023; Vol. 736, c. 198.]

That comment was typical of the Minister’s approach. He is constantly trying to calm his colleagues’ nerves by fobbing them off with that sort of soothing statement, but we all know that he does not really believe a word of it. He knows that the very first page of the Bill states that the Government are unable to confirm that it complies with our legal obligations. He also knows that the Government are more than happy to break international law—just look at how they played fast and loose with the Northern Ireland protocol. If the Minister really thinks that we will simply take his deeply misleading words at face value and trust him and his colleagues to uphold our legal obligations, he has another think coming.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I think that the hon. Gentleman did not mean to use the phrase “deeply misleading”. Knowing that he is an honourable gentleman, I suggest that he might want to use a slightly different phrase—“inadvertently misleading”, perhaps?

[Stephen Kinnock]

I thank you, Madam Deputy Speaker. Would “misleadingly soothing” work?

[Madam Deputy Speaker]

It will do for the time being.

[Stephen Kinnock]

As always, Madam Deputy Speaker, you are very gracious.

The late, great Denis Healey famously advised that when you are in a hole, you should stop digging. [Hon. Members: “Quite right!”] Hang on. He would certainly have approved of Lords amendment 9B, which goes right to the heart of the fundamental unworkability of this bigger backlog Bill and seeks to prevent it from becoming the indefinite limbo Bill.

Let us be clear: the current state of affairs represents both a mental health crisis for asylum seekers and a financial crisis for British taxpayers, who are already shouldering an asylum bill that is seven times higher than it was in 2010, at £3.6 billion a year. Indeed, the mid-range estimate for the hotels bill alone is greater than the latest round of levelling-up funding, and three times higher than the entire budget for tackling homelessness in this country. The only people who benefit from the inadmissibility provisions in the Bill are the people smugglers and human traffickers, who are laughing all the way to the bank. As such, it is essential that this House votes in favour of Lord German’s amendment, which seeks to ensure that inadmissibility can be applied to an asylum seeker only for a period of six months if they have not been removed to another country.

A major concern throughout the passage of the Bill has been its utter disregard for the mental wellbeing of unaccompanied children. Many of those children will have had to see their loved ones suffer unspeakable acts of violence, yet despite the Government’s concession, the Bill will mean that when they arrive in the UK, they will be detained like criminals for up to eight days before they can apply for bail. We are clear that that is unacceptable, and are in no doubt that the Government’s amendment is yet another example of their liking for performative cruelty. We urge the Minister to accept the compromise of 72 hours contained in Lords amendments 36C and 36D.

[Alexander Stafford]

Will the hon. Member give way?

[Stephen Kinnock]

Sorry, I meant to let the hon. Gentleman in earlier.

[Alexander Stafford]

I thank the hon. Member for giving way. The best thing for any person’s mental health, especially children, is to not put them on a dangerous small boat across the channel. Does the hon. Member agree that the best thing for any child’s mental health is for them to not make that dangerous journey, but instead use one of the many legal and safe routes? This Bill and its clauses will make sure that fewer children make that awful journey.

[Stephen Kinnock]

The hon. Gentleman is absolutely right that the only people who benefit from the small boat crossings are the people smugglers and human traffickers—that has to be brought to an end. Where we fundamentally disagree is about the means. Labour believes that the deterrence of the Rwanda scheme simply will not work, for the reasons I have already set out, and that the solution lies far more in pragmatism and quiet diplomacy, working with international partners to get the returns deal that I talked about, than in all the performative cruelty that is at the heart of this Bill.

Likewise, the Government should show some humility and support Lords amendment 33B, which states that accompanied children should be liable for detention only for up to 96 hours. This is a fair and reasonable compromise, given that Lords amendment 33 initially set the limit at 72 hours.

While we are on the subject of children, how utterly astonishing and deeply depressing it was to hear the Minister standing at the Dispatch Box last week and justifying the erasure of Disney cartoons on the basis of their not being age-appropriate. Quite apart from the fact that his nasty, bullying, performative cruelty will have absolutely no effect whatsoever in stopping the boats, it has since emerged that more than 9,000 of the children who passed through that building in the year to March 2023 were under the age of 14. Given that a significant proportion of those 9,000 would have been younger still, I just wonder whether the Minister would like to take this opportunity to withdraw his comments about the age-appropriateness of those cartoons.

[Robert Jenrick]

indicated dissent.

[Stephen Kinnock]

No. Well, there we have it. This whole sorry episode really was a new low for this Minister and for the shameful, callous Government he represents.

We also support Lords amendment 23B, a compromise in lieu of Lords amendment 23, which seeks to protect LGBT asylum seekers from being removed to a country that persecutes them for their sexuality or gender. The Minister last week claimed that that was unnecessary because there is an appeals process, but why on earth would he put asylum seekers and the British taxpayer through an expensive and time-consuming appeals process when he could just rule out this scenario from the outset?

Nothing illustrates more clearly the indifference of this Government towards the most vulnerable people in society than their treatment of women being trafficked into our country for prostitution. I have already described this Bill as a traffickers charter—a gift to the slave drivers and the pimps—because it makes it harder for victims to come forward and therefore more difficult for the police to prosecute criminals. The Immigration Minister last week repeated the false claim that the UK Statistics Authority recently rebuked him for. It was his second rebuke this year by our national statistics watchdog for inaccurate claims made to this House. Thankfully, the right hon. Member for Maidenhead (Mrs May), who is not in her place today, called him out on it. She correctly pointed out that the proportion of small boats migrants claiming to be victims of modern slavery stands at just 7%. This was a profoundly embarrassing moment for the Minister, but I do hope he will now swallow his pride, listen to the wise counsel he is receiving from those on the Benches behind him and accept Lords amendment 56B in the name of Lord Randall.

[Robert Jenrick]

The hon. Member is right that I misspoke when citing those statistics on an earlier occasion, but in fact the statistics were worse than I said to the House. What I said was that, of foreign national offenders who are in the detained estate on the eve of their departure, over 70% made use of modern slavery legislation to put in a last-minute claim and delay their removal. However, it was not just FNOs; it was also small boat arrivals. So the point I was making was even more pertinent, and it is one that he should try to answer. What would he do to stop 70% of people in the detained estate, who we are trying to get out of the country, putting in a frivolous claim at the last minute?

[Stephen Kinnock]

Sir Robert Chote of the UK Statistics Authority said clearly that the figure is only 20%, not 70%. I do not know whether we want to invite Sir Robert to clarify those points himself, but the rebuke the Minister received from the UK Statistics Authority was pretty clear.

It is vitally important that the Minister’s position on this is not used as the basis for a policy that could cause profound harm to vulnerable women while feeding criminality in the United Kingdom. I therefore urge him to reflect on what he is trying to achieve, the proportionality of his actions and the unintended consequences he may be facilitating. Lords amendment 56B states that victims of trafficking who have been unlawfully exploited in the UK should be protected from the automatic duty to remove and should continue to be able to access the support currently available to them, but only for the duration of the statutory recovery period, which was set by the Nationality and Borders Act 2022 at 30 days.

On Second Reading, the right hon. Member for Maidenhead argued that the Bill as drafted would

“drive a coach and horses through the Modern Slavery Act, denying support to those who have been exploited and enslaved and, in doing so, making it much harder to catch and stop the traffickers and slave drivers.”—[Official Report, 28 March 2023; Vol. 730, c. 886.]

We strongly agree with her concerns and wholeheartedly support Lords amendment 56B, which I remind the Minister goes no further than to maintain the status quo of the basic protections and support currently available to all victims of trafficking and exportation.

I will now turn to the amendments that are underpinned by Labour’s five-point plan: end the dangerous small-boat crossings, defeat the criminal gangs, clear the backlog, end extortionate hotel use, and fix the asylum system that the Conservatives have spent 13 years destroying.

[Sir Edward Leigh]

Presumably it is the hon. Gentleman’s most devout hope if he takes power in 15 months’ time, but charming as he is, it is a mystery to me why he thinks when he asks President Macron to take these people back, he will do so. Of course he won’t! Nothing will happen. May I gently suggest that, if there is a Labour Government, they will quietly adopt this Bill once it is an Act?

[Stephen Kinnock]

I will come to that in my comments, but as the right hon. Gentleman will know, any negotiation requires give and take, quid pro quo. As I said in response to one of his hon. Friends, to get that deal with the European Union we of course have to do our bit and take our fair share, and that will be the negotiation that my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) will be leading on when he becomes Prime Minister of the United Kingdom, following the next general election.

We are determined that the National Crime Agency will be strengthened so that it can tackle the criminal gangs upstream. Too much focus by this Government has been on slashing tents and puncturing dinghies along the French coastline, whereas Labour has set out its plan for an elite unit in the NCA to work directly with Europol and Interpol. The latest amendment from Lord Coaker, Lords amendment 103B, attempts to strengthen the NCA’s authority, and we support it without reservation. We are also clear that there is a direct link between gaining the returns agreement that we desperately need with the EU, and creating controlled and managed pathways to asylum, which would allow genuine refugees to reach the UK safely, particularly if they have family here. Conservative Members refuse to make that connection, but we know it is in the interests of the EU and France to strike a returns deal with the UK, and dissuade the tens of thousands of asylum seekers who are flowing through Europe and ending up on the beaches of Calais. The EU and its member states will never do a deal with the UK unless it is based on a give-and-take arrangement, whereby every country involved does its bit and shares responsibility.

[Jeremy Corbyn (Islington North) (Ind)]

On his visit to Calais, the hon. Gentleman will have met people who were trying to get to this country. Did it strike him how utterly desperate many of them were, and how they are fleeing from wars in Afghanistan, Libya, Iraq and other places? Does he think that we have to address the wider issue of the reasons why people are fleeing and searching for asylum, not just in Europe but all over the world?

[Stephen Kinnock]

I thank the right hon. Gentleman. As he rightly points out, the key point is that these people are already fleeing desperate situations and have risked life and limb to get as far as they have. The idea that a 0.3% chance of being sent to Rwanda acts as a deterrent is clearly for the birds. In addition, he makes important points about the need for international co-operation, and finding solutions to these problems alongside our partners across the channel.

[Alexander Stafford]

The hon. Gentleman clearly thinks that the Rwanda plan will not work or be a deterrent, but why not give it a go? If he is so confident that it will not work, let it get through. It could have got through months ago, and he could have come back to the House and proved us wrong. At the moment it comes across as if the hon. Gentleman and the Labour party are scared that it might work, and that is the problem.

[Stephen Kinnock]

I suppose the answer to the hon. Gentleman’s question is that if it walks like a duck and quacks like a duck, it probably is a duck, and the Rwanda plan is so clearly and utterly misconceived, misconstrued and counter-productive. Labour Members like to vote for things that are actually going to work, which is why we simply cannot support that hare-brained scheme.

With the Minister last week reiterating a deadline of December 2024—18 months from now—to lay out what safe and legal routes might look like, and by stating that those routes will not deal with the challenges facing Europe directly, he appears to be reducing the chances of getting the returns deal with the EU that we so urgently need. Let us not forget that this Government sent Britain tumbling out of the Dublin regulations during their botched Brexit negotiations, and it is no surprise that small boat crossings have skyrocketed since then. This Government must prioritise getting that returns deal. We therefore support Lords amendment 102B, which demands that the Government get on with setting out what these safe and legal routes might look like, not only to provide controlled and capped pathways to sanctuary for genuine refugees, but to break that deadlock in the negotiations with the EU over returns.

I note that the Minister loves to trot out his lines about the Ukraine, Hong Kong and Afghan resettlement schemes, but he neglects to mention that there are now thousands of homeless Ukrainian families, and we have the travesty of thousands of loyal-to-Britain Afghans who are set to be thrown on the streets at the end of August. More than 2,000 Afghans are stuck in Pakistan with the right to come here, but they are not being allowed to do so. He simply must fix those resettlement schemes.

[Robert Jenrick]

I am grateful to the hon. Gentleman for giving way, because this is an important point that all Members of the House should appreciate. The No. 1 reason why we are struggling to bring to the UK those people in Pakistan—we would like to bring them here, because we have a moral and historical obligation to them—is that illegal immigrants on small boats have taken all the capacity of local authorities to house them. If the hon. Gentleman truly wanted to support those people, he would back this Bill, he would stop the boats, and then he would help us to bring those much-needed people into the United Kingdom.

--- Later in debate ---

[Stephen Kinnock]

It beggars belief that the Immigration Minister says that, when he speaks for a party that has allowed our backlog to get to 180,000, costing £7 million a day in hotels. He should just get the processing system sorted out. The Conservatives downgraded the seniority of caseworkers and decision makers in 2013 and 2014. Surprise, surprise, productivity fell off a cliff, as did the quality of decisions. That is the fundamental problem, but we have to recognise that these Afghans have stood shoulder to shoulder with our defence, diplomacy and development effort in Afghanistan, and we owe them a debt of honour and gratitude.

[Robert Jenrick]

Does the hon. Gentleman know how many asylum seekers are housed in his constituency, or would he like me to tell him? It is none. There are no asylum seekers accommodated in Aberavon. If he would like us to bring in more people, whether on safe and legal routes, or on schemes such as the Afghan relocations and assistance policy, he should get on the phone to his local council and the Welsh Government this afternoon.

[Stephen Kinnock]

The Minister is talking absolute nonsense. I am proud of the fact we have many Syrians in our constituency. We have Ukrainians in our welcome centre. Discussions are ongoing between the Home Office and the Welsh Government. The incompetence of his Government means that they are not managing to house them. Wales is ready to have that dialogue with the Home Office.

[Rachael Maskell]

I find it a shocking admission from the Minister—we are fighting for the relatives of people in Afghanistan whose lives are at risk—that these Afghans are being blocked by him because he is not making available those safe routes to bring them to constituencies such as York, where we welcome refugees.

[Stephen Kinnock]

I completely agree with my hon. Friend. There are real concerns about the safety and security of those Afghans now in Pakistan. It is possible that they will be sent back. It is up to the Home Office to facilitate their transfer to the United Kingdom under ARAP and the Afghan citizens resettlement scheme, but like so many things with this Home Office, it is just a catastrophic failure of management.

In trotting out the lines about the schemes that I mentioned, the Minister conveniently ignores the fact that none of those schemes help those coming from other high grant-rate countries in the middle east and sub-Saharan Africa. Neither he nor the Home Secretary have been able to answer questions from their own Back Benchers on that precise point.

The final point of our plan is to tackle migration flows close to the conflict zones where they arise through targeting our aid spending. That is a longer-term mission, but it is no less important than any of the other steps we need to take to meet these migration challenges. I therefore see no reason for the Government not to support Lords amendment 107B in the name of the Archbishop of Canterbury, which would instruct the Government to develop a 10-year plan to manage migration.

I have lost count of the number of times we have come to the Chamber to debate the Government’s latest madcap Bill or hare-brained scheme. Not one of those Bills has helped to stop a single boat, and the Government have sent more Home Secretaries to Rwanda than they have asylum seekers. They are wasting their own time and the time of the House, and they really are trying the patience of the British people. It really is desperate stuff, and it has to stop.

In stark contrast to the hopeless, aimless and utterly self-defeating thrashing around that has come to define the Government’s approach to the asylum crisis, Labour recognises that there is a way through: a route based on hard graft, common sense and quiet diplomacy. It comes in the form of the Labour party’s comprehensive plan, based on core principles, with a commitment to returning asylum processing to the well managed, efficient, smooth-running system we had prior to the catastrophic changes brought in by Conservative Ministers in 2013, which downgraded decision makers and caseworkers, leading to poorer results. With that, we have a commitment to go further in fast-tracking applications from low grant-rate countries so that we can return those with no right to be here, and fast-tracking applications from high grant-rate countries so that genuine refugees can get on with their lives and start contributing to our economy, enriching our society and culture. A third, key principle is the need for international co-operation, as I have set out.

This is not rocket science; it is just sensible, pragmatic, serious governance. It is working in the United States, where the Biden Administration are winning the battle. They have introduced a combination of swift consequences for those who cross the border illegally; orderly paths and controls on which migrants can apply for asylum and where they do so; sensible, legal pathways for high grant-rate nations; and strong co-operation with Mexico. The result is that they are bringing numbers down significantly and quickly. The challenge is not over yet, and we would not see President Biden being foolish enough to go boasting at the border, but that shows that progress can be made.

The Labour party is not interested in performative cruelty, chasing headlines or government by gimmick. We have a plan that will stop the boats, fix our broken asylum system and deliver for the British people. In contrast, the Conservative party has run out of ideas and run out of road. It should get out of the way so that we can get to work.

[Several hon. Members rose—]

[Tim Loughton]

Thank you, Madam Deputy Speaker. It is always an experience to follow the hon. Member for Aberavon (Stephen Kinnock). It was once said that someone who had just met his father had just spent half an hour having a five-minute conversation with him. We have just had a half-hour speech, but I am afraid that we did not get five minutes of anything remotely new in that.

[Stephen Kinnock]

On a point of order, Madam Deputy Speaker. Is it in order to raise my father and what he might or might not have said when he is not in the Chamber to defend himself?

Draft Immigration and Nationality (Fees) (Amendment) Order 2023

Stephen Kinnock Excerpts

Wednesday 12th July 2023 General Committees

[Stephen Kinnock (Aberavon) (Lab)]

It is a pleasure to serve under your chairship, Sir Robert, and I thank the Minister for his opening remarks. Following the passage of the Nationality and Borders Act 2022 and related changes to the immigration rules in March this year, this order is the next stage of a lengthy process to implement the Government’s planned electronic travel authorisation system. Ministers have set themselves the ambitious target to begin issuing ETAs to people from Qatar and other Gulf states this autumn and for the scheme to be fully operational by the end of next year.

With respect to the new ETA system, the scope of this order is limited to fees to be charged and requirements for applicants to submit biometric information. A number of the most important issues about how the scheme will work and what impact it will have are left for another day. Nevertheless, while we are here, I would like to put a few questions to the Minister on issues where further detail about the Government’s plans would be of great assistance to Members, to ensure that the process is being adequately managed and scrutinised.

The new ETA system is a major undertaking, and its effects will be wide ranging. Significant numbers of UK-bound travellers who do not need a visa will be required to obtain formal clearance to enter the UK for the first time. Whether or not the system will function as it should depends, to a substantial degree, on the effectiveness of new technologies that are still in development. That is an important point, not least because the history of Departments and major IT projects is not a particularly happy one.

In this case, the ETA system will require applications to be made, and eventually biometric information to be submitted, online or via a new app, which has yet to see the light of day. The Government say that even the decision-making process may be automated. That will take highly sophisticated technologies, and robust testing will be essential before the new system comes online. Can the Minister therefore provide an update on what progress has been made with the development of those technologies to date, and whether he believes that the Home Office is currently on track to meet the deadlines that it has set for the roll-out of those changes?

If we look beyond the administration of the new system, there are serious questions about its potential impacts, especially on the tourism sector and the wider economy, including how travel across the border with Ireland might be affected. As things stand, I have yet to be convinced that Ministers are taking adequate steps to address the concerns raised by stakeholders and to mitigate any unintended consequences.

With regard to tourism, the impact assessment published alongside this order recognises that it is reasonable to expect a fall in tourist numbers once the ETA has been implemented, and revenues can be expected to decrease as a result. Concerns about the implications for cross-border travel between Northern Ireland and the Republic are especially acute in this sector. However, the impact assessment fails to capture the different effects that the ETA may have across the UK’s different nations and regions. That is a significant oversight and one that I hope Ministers intend to address.

Will the Minister therefore set out what steps the Home Office plans to take to mitigate any adverse effects on the tourist trade that these changes may have across the UK—including but not limited to the effects in Northern Ireland? Given that we are dealing with an order that addresses fees, can the Minister tell us what consideration the Government have given to the potential merits of ringfencing some of the income generated from applicants’ fees as a means of providing financial support to any businesses that may find themselves struggling with the transition?

Alongside the measures pertaining to ETAs, this order makes changes to the maximum fee levels applicable to a range of UK visa routes. For the most part, the proposed increases are relatively modest. The notable exception is for student visas. At present, applicants cannot be charged more than £490, but the order would increase the maximum fee to £600. That equates to a more than 20% increase on the current level, with significant potential implications for international student numbers. As the Secondary Legislation Scrutiny Committee in the other place has noted, the scale of the increase is particularly striking when measured against the actual cost to the Home Office of processing those visas, which is less than half of what the applicants have to pay.

The Government’s impact assessment for the student visa fee increase acknowledges that this potential change is likely to have significant knock-on effects on the number of visas granted to international students and, as a result, the revenue from tuition fees, on which so many of our leading universities remain reliant. On the face of it, that appears to be in direct contradiction to the strategy of the Minister’s colleagues at the Department for Education, which—the last time I checked—was to increase the overall number of international students. Whether this is more an example of poor Government co-ordination or whether increasing application fees is part of a new, deliberate strategy overall to reduce the number of student visas is unclear to me. Again, any light that the Minister can shed on what otherwise looks to me like some fairly muddled thinking between different Departments would be much appreciated.

I thank the Minister and look forward to his comments.

[Robert Jenrick]

I am grateful to the shadow Minister for his support for many of the measures in this package—in particular, the ETA, which is an important long-term project for the United Kingdom that will go a significant way to improving our border security and bring us in line with many other developed countries. I said in my opening remarks that all of us who travel to the United States, for example, will have long been familiar with its equivalent. It is right that the UK now produces its own version. We are not alone in this. The European Union is in the process of developing its version of the ETA, which was due to be rolled out this year. It is likely to be delayed, but we await news from the European Commission. All of us are united in our shared view that it is right that sovereign countries—such as the United Kingdom—should know as much as possible about individuals prior to their arrival on the soil of those countries, and the ETA is the key way in which we do that.

We have chosen to begin later this year with Qatar, which is a small but important partner of the United Kingdom and will enable us to pilot the scheme. After that, a small group of other countries will be included before a wider roll-out next year. As the shadow Minister may be aware, we have chosen to adopt a modest delay to the broader roll-out to ensure that the technology is right, because it is important to the United Kingdom, reputationally and economically, that we get this right and that there are not issues with technology when it is launched.

With regard to the maximum fee of £10, we have considered it very carefully. We want to ensure that that fee meets the true cost of the scheme, which is significant because of the new technology that we are standing up, but also that we are competitive and that we do not put people off, whether they be well-paid business travellers, students or those coming on visit visas or school trips to the United Kingdom, whose income and pockets may not be so deep. We think that £10 is an appropriate level that compares favourably with other countries around the world.

The hon. Gentleman asked an important question about the interface between Northern Ireland and the Republic of Ireland in that regard. That is one of the complexities of launching the ETA, because, as he suggests, it does interface with the common travel area. We have had extensive conversations with the Republic of Ireland and with stakeholders in Northern Ireland. I myself have met with the tourist board to discuss its concerns.

As the hon. Gentleman suggests, those concerns are that international visitors coming in on international flights to the Republic, but looking to do short trips to Northern Ireland—either a day trip or a couple of nights for sightseeing, for golf holidays, or for the various other sources of income from tourism in Northern Ireland—might be deterred as a result of the ETA fee. We conclude that the deterrence is limited, bearing in mind the £10 fee and the simple process. In most cases, it can be done by the individual themselves on a smartphone, or with the help of their travel agent or tour-booking company.

However, we do take those concerns seriously and have worked to try to alleviate them. We will be working on the roll-out to ensure that there is a smooth communication plan with all international tour operators that bring travellers to the island of Ireland. We are also working with some of the other important stakeholders, such as insurance companies, so that they understand the scheme and so that someone who unwittingly crosses the border in a car hired in the Republic does not find themselves in a difficult position should they get into an accident in Northern Ireland without having completed the ETA. I can therefore provide the hon. Gentleman with some assurances that we have given the matter a great deal of thought.

[Stephen Kinnock]

I thank the Minister, and I am reassured to hear that a great deal of thought has been given. I have also met with members of the Northern Ireland tourist board, and they have expressed extreme concern about this issue. They feel that their marketing strategy is very much based on an all-of-Ireland approach, and the communication of that to potential customers is, they feel, significantly undermined just by this additional measure. It is almost the symbolic nature of it that impacts on their overall marketing strategy. I want to underline that point and urge the Minister to continue that dialogue with the key stakeholders.

[Robert Jenrick]

I am grateful to the hon. Gentleman for meeting with stakeholders. I do not want to represent their views, because they remain deeply concerned about this.

However, my point was that we have gone to a lot of trouble both to engage with them and to seek mitigations. The alternatives are not ones that we would consider palatable: not continuing with the roll-out of the ETA; rolling out the ETA only for Great Britain and not for Northern Ireland, which would create a significant security loophole in the ETA and undermine the Union; or, linked to that, imposing some checks at the border between GB and Northern Ireland, and asking individuals who choose to cross from NI to GB to have an ETA and to be willing to show it at that point—again, that is not something that the Government are willing to consider. I am happy to write to the hon. Gentleman, perhaps with a full explanation of our work with the Republic and stakeholders in this regard.

Lastly, the hon. Gentleman asked about student visa fees. The first point to make is that the fees charged with respect to all these visa and immigration matters are not linked directly to the individual cost of the visas, but to the sustainability of the wider system. We seek to raise sufficient funds that general taxpayers do not fund, or fund to a lesser extent than they would otherwise, our visa and immigration system. There is not a direct link between the cost of any one visa and the fee charged for those reasons.

Furthermore, the policy has been agreed across Government. We worked with the Department for Education, and it supports our proposals. The international education strategy to which the hon. Gentleman referred has been a huge success. It set out a 10-year plan to attract 600,000 students to the United Kingdom, and we met that many years early. Demand for student visas is high, and from the operating data that I have seen—as yet unpublished—it continues to be high. It is not unreasonable to ask international students to pay a higher fee in support the general funding of our immigration and visa system and reduce the cost to the taxpayer of managing the system more generally.

--- Later in debate ---

[Stephen Kinnock]

The Secondary Legislation Scrutiny Committee noted that the actual cost to the Home Office of processing the visas is less than half of what applicants have to pay. So that we can have some transparency on how the increased costs were calculated, does the Minister agree with that analysis

[Robert Jenrick]

I do not have those exact costs to hand, but my point is that it is not right for the taxpayers of this country—with taxes at their current level—to pay yet more to fund our immigration and borders system. It is right that we recover as much of that cost as possible from visitors to the United Kingdom. Of course that is a careful balance, because we want to support the UK being an open country that attracts businesses, tourists and indeed students, but wherever possible, and where it is reasonable, we should try to get that money from international visitors to the UK, rather than leaning yet more on domestic taxpayers.

With that, I thank the members of the Committee for their support this morning. I commend the draft order to the Committee.

Question put and agreed to.

Illegal Migration Bill

Stephen Kinnock Excerpts

Tuesday 11th July 2023 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

Here we go again: another day, another Bill designed to chase headlines and manufacture controversy, rather than tackle the asylum crisis that has been caused by the incompetence and indifference of the last 13 years. That said, a casual observer of the Prime Minister’s recent trip to Dover could be forgiven for thinking that it was all sorted—job done. There he was sporting his super-sized new boots and boasting about the slight decrease in crossings, while apparently failing to realise that strong winds in the channel were the actual cause of his somewhat premature celebrations. Since he danced his victory jig in Dover, we have seen channel crossings skyrocket, with the busiest June yet for the criminal people smuggling trade, with 3,824 asylum seekers making the dangerous journey last month. Call me old-fashioned, but an asylum strategy that is based on the weather is probably not a sustainable strategy.

Then we have the Home Secretary. She jetted off to Rwanda on a taxpayer-funded vanity photoshoot to champion the new housing being built for the asylum seekers she dreams of one day flying over there. But again, all was not as it seemed: the housing estate she was showcasing is largely due to be used to house Rwandan nationals. Last week, the Court of Appeal reminded her that, even if her plan does go ahead, the Rwandan authorities can process only around 100 asylum claims per year—less than 0.3% of last year’s small boat crossers. I am not sure what the Home Secretary plans to do with the other 99.7% of asylum seekers or, indeed, why she thinks a 0.3% chance of removal to Rwanda is likely to put off a single asylum seeker considering paying money to a people smuggler. For a deterrent to be effective, it must be credible, and a 0.3% risk of deportation to Rwanda is not going to deter.

[Sir John Hayes]

I know that the hon. Gentleman takes these matters very seriously and he will remember that I was very complimentary about him in various ways in a debate in Westminster Hall. However, he must recognise that the deterrent effect of being processed offshore, which the Australians experienced during their Operation Sovereign Borders, would mean fewer people coming here. As he described, the people traffickers’ branding is that, if someone gets to Britain, they will never leave. By challenging that sales pitch, we will deter people from coming.

[Stephen Kinnock]

I thank the right hon. Gentleman for his intervention, but I think he misunderstands the basic psychology here. We are talking about people who have already risked life and limb and taken a very dangerous journey to get as far as the channel. The idea that a 0.3% chance of being removed to Rwanda is going to deter people who have already taken such massive risks is simply for the birds, and that is why the Rwanda scheme is fundamentally flawed.

Last but not least, we have the Immigration Minister, whose latest foray into playing the tough guy was to order that Mickey Mouse cartoons in immigration centres be painted over because they were just too cheery for his liking. Many of those children are running away from unimaginable horrors, so I really do hope that the Minister will take some time to reflect on the morality of his actions. The sheer pettiness and petulance are also quite astonishing, because painting over Disney characters in immigration centres will not stop the boats—I cannot believe I even need to say those words. Those three short stories about the Prime Minister, the Home Secretary and the Immigration Minister make it clear that we are not exactly dealing with a well-oiled machine here.

Last week, we finally received the Home Office’s impact assessment for this legislation, which revealed that it will cost the Government £169,000 per asylum seeker sent to Rwanda—five times the figure being briefed out when the partnership was announced last year. That is on top of the £140 million that has already been handed over to the Rwandan Government for what must surely be the most expensive press release in history. This whole sorry tale is a shambolic farce, and the cost to the taxpayer of the Rwanda policy, this legislation and the asylum backlog has become utterly extortionate.

The cost of the asylum system is estimated by the National Audit Office to be seven times as large as it was under the last Labour Government—at an astonishing £3.6 billion. Almost 50,000 people are stuck in hotels, at £7 million a day, with 172,000 in the backlog. For the avoidance of doubt, that is the real backlog, not the imaginary “legacy cases” invented by the Prime Minister as a way of spinning the numbers. In fact, the backlog is nine times higher than it was when Labour left office in 2010. By the way, we are still waiting for the Immigration Minister and the Prime Minister to correct the record on this point after the UK Statistics Authority comprehensively demolished their claims.

As the Home Secretary and her officials have confirmed, numbers are going up, not down. Yesterday, the permanent secretary to the Home Office confirmed to the Public Accounts Committee that the Prime Minister is failing in his pledge to reduce asylum seeker hotel use. To make matters worse, the National Audit Office has declared that the Government will also fail to achieve their aim of clearing the so-called legacy backlog of 92,000 cases by the end of this year.

[Tim Loughton]

We are here to discuss rather a lot of Lords amendments. The hon. Gentleman has now been speaking for six minutes. I have been listening hard and, by my reckoning, he has not mentioned a single amendment. Can he give us an ETA for when he is likely to start talking relevantly about what we are here to discuss? Many of us would like to discuss the amendments.

[Stephen Kinnock]

I thank the hon. Gentleman for his intervention. I simply note that the Immigration Minister was on his feet for one hour and 15 minutes. There was plenty of context and background in his comments, too. We need to understand that the Bill has been brought forward against a backdrop of crisis and chaos and it is important that we have that on the record.

Interestingly, the Prime Minister seems to have concocted a new solution, which is simply to allow asylum seekers to slip off the radar, never to be seen or heard of again. The Government claim that their decision-making rate has increased and that they are getting on with clearing the backlog, but the reality is that more than half of the so-called asylum decisions are withdrawn applications or so-called administrative decisions. In other words, asylum seekers are melting into the underground economy, and many of them will never be heard of or seen again by our authorities. The Government are just letting them go. Withdrawals, as a proportion of completed cases, have increased from 20% to 55% on this Prime Minister’s watch. If that is not turning a blind eye to people absconding and disappearing into the system, I do not know what is.

It is against that backdrop of crisis and chaos that Ministers introduced the legislation before us this afternoon. As we have consistently pointed out, the Bill will only make a terrible situation worse. Far from cleaning up the awful mess that has built up over 13 years of ineptitude, it will simply grow the backlog, increase the cost and ensure that people smugglers are laughing all the way to the bank.

At the heart of the Bill are two instructions to the Government—to detain and remove every asylum seeker who comes to the UK via irregular routes—but with our asylum accommodation capacity already at breaking point, where on earth will the Home Secretary detain them? And with her unworkable Rwanda plan in tatters and with negotiations with the EU on a successor to the Dublin regulation nowhere to be seen, where on earth is she going to remove them to? We therefore commend the work of all the Lords and Baronesses who have sought to improve this profoundly flawed and counterproductive Bill. They really had their work cut out for them, given that the Government were defeated a staggering 20 times in the other place.

Amendments throughout the Bill’s passage have focused on mitigating its most egregious excesses, while trying to steer the Government in the direction of Labour’s five-point plan to fix the broken asylum system that, despite their protestations, Conservative Members know full well is a comprehensive agenda based on hard graft, common sense and quiet diplomacy, rather than the headline-chasing gimmicks they have come up with. Our plan includes repurposing the Rwanda money to the National Crime Agency to recruit a specialist unit of officers to tackle the criminal gangs upstream. Lords amendment 103, in the name of Lord Coaker, places responsibility on the NCA to tackle immigration crime.

Of the other substantial Lords amendments, the majority seek to prevent the utterly unnecessary attacks on some of the most vulnerable people in society, commit Britain to complying with international law, or seek to find long-term solutions to the global asylum crisis via international solutions and controlled and managed routes.

To ensure that Britain meets its obligations under international law, we support Lords amendment 1, which adds a requirement that nothing in the Bill should require any act that would violate the UK’s relevant commitments under international law. We are extremely concerned that the Government are subjecting unaccompanied children to the so-called hostile environment. While the Minister paints over Mickey Mouse murals, we on these Benches want unaccompanied children to be treated with respect. That is why we support Lords amendment 33, which retains the current 72-hour limit on the detention of children, and Lords amendment 31, which retains the current 24-hour limit on the detention of unaccompanied children, both in the name of Baroness Mobarik. We do not believe the Government’s concessions offer enough.

[Sir Robert Neill]

I was superficially attracted to Lords amendment 1, but will the hon. Gentleman consider these two points? First, it is an established principle of interpretation that the courts will always read statute in accordance with international convention obligations, as far as it is possible to do so—that was most recently established in the Assange case. Secondly, Lord Wolfson raised the point in the other place that the effect of clause 1, as amended, however intended, is substantively to entrench or incorporate those conventions in UK domestic law. Surely that is not something that should be done through an amendment to an Act of Parliament. There may be arguments for or against it, but that is its effect. It is not an interpretive clause but an incorporative clause, and some of us have a problem with doing it in that way at this time in this particular Bill.

[Stephen Kinnock]

I thank the Chairman of the Justice Committee for that intervention. Let us not forget that page 1 says the Government cannot confirm that the Bill complies with international law. I also remind him that we are dealing with a Government who seem to be more than prepared to break international law, with the Northern Ireland protocol being just one example. I am afraid it is just not possible to take the Government’s word on trust or at face value, which is why additional safeguards have to be built into the process.

Lords amendment 8, in the name of Lord Dubs, seeks to ensure that asylum and human rights claims from unaccompanied children who are exempt from the duty to remove are treated as admissible, and Lords amendment 50, in the name of the Bishop of Durham, limits the Secretary of State’s power to transfer a child out of local authority care and into accommodation provided by the Home Office to cases where to do so is

“necessary to safeguard and promote the welfare of the child.”

We are also determined to protect vulnerable women, particularly those who are pregnant or victims of modern slavery. In that spirit, we on these Benches support Baroness Lister’s amendments 37 and 38, which retain the 72-hour limit on the detention of pregnant women. We are less than satisfied with the Government’s concession on this point.

We support the amendments that protect victims of modern slavery, including Lords amendment 56 in the name of Lord Randall, which exempts victims of modern slavery from being removed and from being denied access to support during the statutory recovery period, and Lords amendment 57, tabled by Lord Carlile, which removes the Bill’s presumption that it is not necessary for victims of modern slavery to remain in the UK for the purposes of co-operating with any criminal proceedings against alleged perpetrators. That of course might sometimes be the case.

Ultimately, the Government need to accelerate the national referral process as a matter of urgency because the average wait time is 553 days, which is unacceptable. The Immigration Minister’s incorrect comments on modern slavery have been well documented, and he was recently rebuked yet again by the UK Statistics Authority for making those unfounded claims.

The constant stream of factually incorrect claims distorts the debate and plays into the hands of the people traffickers. I strongly encourage us to start seeing the facts and evidence before us as the basis for debate, otherwise there is such a danger that the Bill will turn into a traffickers charter, with the Prime Minister, the Home Secretary and the Immigration Minister effectively enabling the criminal gangs.

We also support Lords amendment 23 in the name of Lord Etherton, as we cannot have a situation in which we remove LGBT refugees to third countries with Governments that pursue homophobic and transphobic policies.

I stress that, on these Benches, we are strongly committed to working with our international partners as we seek to find long-term solutions to the global migration crisis. In Committee and on Report, we tabled an international co-operation amendment to connect the need to achieve a returns deal with the EU and France for small-boat migrants with the need for Britain and other European countries to play our part in giving sanctuary to genuine refugees in need of our support, starting with those who have family in the UK. This remains our commitment for when we enter government.

To that end, we support Lords amendment 104 in the name of the Archbishop of Canterbury, which requires the Government to publish a 10-year strategy on countering human trafficking and responding to international refugee crises, and Lords amendment 102 in the name of Baroness Stroud, which places a duty on the Government to establish safe and legal routes to asylum.

Oral Answers to Questions

Stephen Kinnock Excerpts

Monday 3rd July 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Stephen Kinnock (Aberavon) (Lab)]

The Government’s destruction of their own asylum system can best be described as an act of arson and their plans to fix it are utterly farcical. They have sent more Home Secretaries than asylum seekers to Rwanda. They sent the Prime Minister on a victory lap in Dover, apparently failing to notice that the weather improves over the summer and the boat numbers increase. And they were in such a flap about losing votes on their bigger backlog Bill that they resorted to dragging Lord Lebedev of Siberia into the Division Lobby. Now the Court of Appeal ruling has revealed that Rwanda is able to process only 100 claims per year—around 0.3% of those who arrived on small boats last year. Can the Minister tell me what he is planning to do with the remaining 99.7%, and does he therefore agree that the prospect of the Rwanda plan actually deterring any migrant from crossing the channel is close to zero?

[Robert Jenrick]

I used to say that the Labour party does not have a plan, but the truth is that it does have a plan, but it is a plan that would make things significantly worse. It is a plan that would ensure more granting of cases; more safe and legal routes, so even more individuals would come here; more hotels; and more cost to the British taxpayer. What is so disgraceful is the level of hypocrisy. We only have to look at the record of Welsh Labour to see that. In Wales, the Welsh Minister for Social Justice declared on 15 occasions in the Senedd that Labour-run Wales was “a nation of sanctuary”, but across the same period, Labour-run Wales accommodated 176 fewer asylum seekers. In fact, the latest published data shows that Labour-run Wales has taken just half the number of people that it should per capita.

Population Growth: Impact of Immigration

Stephen Kinnock Excerpts

Tuesday 27th June 2023 Westminster Hall

[Stephen Kinnock (Aberavon) (Lab)]

It is a pleasure to serve under your Chairship, Mr Paisley. I congratulate the right hon. Member for South Holland and The Deepings (Sir John Hayes) on securing this vital debate, and thank all hon. Members for their contributions.

That net migration is currently at its highest level on record is beyond question. Historically, the number averaged around 200,000 per year—of course I am not going back as far as the right hon. Member for South Holland and The Deepings did, but instead looking across recent years—while, of course, the figures this year came out at 606,000. It is therefore entirely fair to ask questions about why the number has grown by so much and whether continued growth at such numbers would be sustainable over time.

Debates on this issue can always be contentious, as I think we have just seen, but I hope that we can all agree on the need to have a well-informed discussion based on facts and evidence and driven by an honest assessment of the trade-offs that lie at the heart of this issue. Unfortunately, though, our national conversation on immigration is too often characterised by oversimplification and false binaries. For example, it is clear that a substantial proportion of the public are concerned about the current level of migration overall, and their worries are entirely legitimate given the amount of pressure on our social infrastructure following 13 years of successive Conservative Governments hollowing out our public services and utterly failing to build enough affordable housing. However, it is equally true that we are confronted by a demographic challenge when we consider that the replacement rate—the ratio of births to deaths—has been below 1:1 for the past 50 years. Meanwhile, the dependency ratio—or the number of working people per retiree—has fallen from roughly 15:1 at the time that Lloyd George introduced the first state pension, over 100 years ago, to around 4:1 by the time that this Government came into office in 2010.

Rather than taking a narrow, blinkered, partisan position that dismisses one of those factors in favour of the other, we should see the immigration question through the prism of competing priorities that must be well managed so that we get the balance right and deliver the best possible outcomes for our country. It is also vital that we avoid the temptation to see immigration policy as something that operates in isolation from other policy challenges. Rebuilding our public services and housing infrastructure after 13 years of Tory neglect will be a top priority for the next Labour Government, and we are clear that doing so will also help to build more cohesive community relations.

The competing priorities that underpin immigration policy are perfectly illustrated by the points-based system for skilled workers. Labour supports the points-based system—indeed, we created it in 2008 for non-EU citizens—but it is clear to us that the way in which this Government are managing the system is simply not working, because Ministers have failed to engage with employers and trade unions such that our economy gets the overseas labour it needs while ensuring that those key stakeholders bring forward workforce plans and skills and training strategies that maximise opportunities for our home-grown talent. As a result, for too long employers have seen immigrant labour as a substitute for investing in local workers.

It is also clear that with 7 million people on the NHS waiting list and more than 2 million people on long-term sick leave, we urgently need a Labour Government so that we can implement our new deal for working people, as set out by the Leader of the Opposition along with the shadow Secretary of State for Health, my hon. Friend the Member for Ilford North (Wes Streeting), and the shadow Secretary of State for Work and Pensions, my right hon. Friend the Member for Leicester South (Jonathan Ashworth).

I turn now to our broken asylum system. It was this Government who gave us new legislation—the Nationality and Borders Act 2022—that we were told would increase the fairness and efficacy of the asylum system, break the business model of the people-smuggling gangs and remove more easily from the UK those with no right to be here. Well, it is almost one year to the day since that legislation came into force, yet here we are again with new legislation and the same old promises from Ministers, as if none of it had ever happened.

Whereas those on the Conservative Benches offer nothing but platitudes and more broken promises, a Labour Government will act decisively to deliver an immigration system that is fair, affordable, sustainable and, above all, fit for purpose. We will reform the points-based system by ending the disparity between wage rates paid to migrant and non-migrant workers in order to prevent undercutting and abuse, and we will engage with employers and trade unions to deliver workforce plans that strike the right balance between inflows and homegrown talent. Equally, if not more importantly, we will deliver a comprehensive workforce plan to upskill our homegrown workforce and equip the next generation with the skills and knowledge to meet the long-term demands of an ever more interconnected global economy, in which specialist knowledge and skills are at a premium.

As I said earlier, public concern about immigration is focused on a range of issues, including both economy-driven immigration and asylum. However, far from stopping the boats, as is so often promised, the Conservatives “bigger backlog” Bill will deliver nothing more than chaos, inefficiency, unfairness and further costs to taxpayers. We need Labour’s five-point plan to stop the dangerous channel crossings by delivering on tasks based on common sense and quiet diplomacy, rather than chasing headlines and the government-by-gimmick that the Immigration Minister is so fond of.

[James Daly]

May I ask the hon. Gentleman what the plan is?

[Stephen Kinnock]

Yes, of course. I am just checking the time, but—

[Ian Paisley (in the Chair)]

You have about a minute.

--- Later in debate ---

[Stephen Kinnock]

Under the five-point plan, we will scrap the unworkable, unethical and unaffordable Rwanda plan, and channel the funding into the National Crime Agency. We will triage the backlog so that there is much faster processing of high grant-rate and low grant-rate countries, and reverse the catastrophic decision made in 2013 to downgrade caseworkers and decision makers’ seniority, which led to a collapse in productivity and to poorer decisions being made. We will make the resettlement schemes work—the Afghanistan scheme has completely collapsed, which is frankly shameful, given that we owe a debt of gratitude to people in Afghanistan. We will get a returns deal with the European Union, which we know has to be based on having safe and controlled legal pathways, and we will get our aid programme working so that we are focused particularly on countries that are generating a large number of refugees rather than plundering the aid budget, which is being used to fund hotels in this country.

[Ian Paisley (in the Chair)]

Order. I thank the hon. Member for his comments. I have to call the Minister at this point. Minister, you have about 11 minutes.

Migration

Stephen Kinnock Excerpts

Thursday 15th June 2023 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

I will begin by thanking my hon. Friend the Member for Liverpool, Walton (Dan Carden) and the hon. Members for Worthing West (Sir Peter Bottomley) and for East Worthing and Shoreham (Tim Loughton) for securing this important debate.

There are currently around 220,000 migrants playing a critical role in our NHS. Their contribution is hugely valued, but the question the Government must ask is this: why we are so reliant on migrant workers, largely from developing countries, to prop up our struggling healthcare system? Ghana’s healthcare system is dealing with huge challenges, yet 1,200 nurses left Ghana last year to come to the UK, with 20 nurses leaving a single intensive care unit for Britain in the past six months alone. Why last year did the Government strike a deal with Nepal, a very poor country on the World Health Organisation’s red list for health worker shortages, in order to drain that country of 100 nurses? The answer is clearly that the Conservatives have utterly failed to train our own homegrown talent. Thirteen years of neglect has seen nursing bursaries cut and the budget for further education skills reduced by 12% per pupil since 2010.

Where is the education and training that allows young people to upskill and progress? Why do businesses and public services feel that they have to look abroad when they could be recruiting homegrown talent, or increasing wages to ensure that those jobs pay a better salary that someone can raise a family on? Those are the questions that our constituents are asking.

Labour has a plan to fix the points-based system—a system that we introduced in 2008 for non-EU citizens, but that has since been broken by the Tories. There will be no return to free movement under a Labour Government, only a commitment to get the points-based system fit for purpose for both businesses and workers. That is why we are reviewing the points-based system to consider how we can put responsibilities on employers who recruit from abroad to invest in homegrown talent, and how the Migration Advisory Committee can work more closely with the Skills and Productivity Board to ensure that our immigration system feeds our wider economic aims.

My right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) has already announced that Labour will ditch the deeply flawed Government policy that allows businesses on the shortage occupation lists to undercut British workers by paying foreign workers 20% less than the going rate. The Government’s current policy is an insult to British workers, while also causing standards for those migrants who contribute so much to our economy to be diminished. It really is the worst of all worlds. While our system of economic migration is largely connected to our country’s wider economic needs, the asylum system is about our country’s shared international responsibilities and Britain’s role in meeting a challenge that is fast becoming a global crisis. We are living in an age of authoritarian Governments, many of whom, from Putin’s barbaric invasion of Ukraine to the Taliban in Afghanistan and China’s crushing of democracy in Hong Kong, are forcing persecuted and vulnerable people to flee their homelands. Chaos breeds chaos. It is therefore in Britain’s self-interest to work with our allies across Europe and the wider world to provide solutions. Instead, the Illegal Migration Bill, also known as the bigger backlog Bill, will make it harder to fix the system because it prevents the Home Secretary from processing asylum applications. Moreover, it breaks international law, as was confirmed this week by the Joint Committee on Human Rights. That will hardly help to facilitate international co-operation, will it?

The Rwanda scheme is an unworkable, unaffordable and unethical sham that, if it ever happens, will only be able to accommodate 1% to 2% of asylum seekers. We have had a failure to replace the returns agreement that we had when we were in the EU before Brexit. A deterrent will only deter if it is credible. These plans are not credible, and therefore the channel crossers keep coming, with 616 on Sunday alone and 8,500 so far this year. Earlier this month the Prime Minister flew on his helicopter to Dover to declare victory, but he needs to learn that an asylum strategy based on the weather is not particularly sustainable.

The Conservatives do not seem to care whether their policies work, and they certainly do not care how much they cost. They have handed the Rwanda Government £140 million for a press release. The cost of the asylum system is four times as high today as it was in 2010, at an eye-watering £2.1 billion per year. Emergency hotels are costing £7 million a day, and an astonishing £1.5 billion since the current Prime Minister assumed his role. The Prime Minister admits that the system is broken, and he should know—his party broke it. Much of this comes down to the backlog on asylum decision making, and a process that has been butchered by 13 years of Conservative incompetence. The failure to process asylum applications was initially caused by the Conservatives downgrading Home Office decision makers from higher executive officer to entry-level roles, leading to worse decisions that were often overturned on appeal, and a staff turnover rate of a whopping 46% last year. Astonishingly, the Home Secretary admitted to the Home Affairs Committee yesterday that she has no idea how many asylum caseworkers the Department employs.

The human and financial costs of the chaos are plain. Asylum seekers are stuck in limbo, unable to work as their mental health deteriorates while the British taxpayer is picking up the bill. It really is the worst of all worlds. Labour is clear: it is critical that these dangerous small boat crossings are stopped, because we cannot have people risking their lives in this way while the people smugglers are making millions by trading in human misery. We must clear the backlog quickly and securely, and we have a five-point plan to do it. We would: scrap Rwanda and plough the money into an elite unit in the National Crime Agency; negotiate an agreement with France and the EU to return asylum seekers in exchange for a strictly capped offer for resettling genuine refugees; get the backlog sorted by having triage for high grant rate and low grant rate countries; get the safe and legal routes such as those for Afghanistan working, because the Afghan scheme is completely broken; and get our international aid programme working much more in collaboration with what is happening in terms of the Home Office and countries that generate large numbers of asylum seekers.

The reality is that every single measure that Conservative Ministers have announced on asylum has turned out to be an expensive and unworkable headline-chasing gimmick. When it comes to net migration, the figure is clearly unsustainable, and yet the Government have no plan to get the number down. The root cause of the problem is that they are not taking responsibility. They blame their predecessors, they blame the Opposition, they blame the civil service, they blame the lawyers, they blame the judges and they blame the European Union—they even blame the football pundits. They also fudge the asylum statistics and fudge the cost of their legislation. They refuse to produce impact assessments. They even fudge their pledges when they realise that they cannot meet their targets. That is no way to run a country and it is no way to run the asylum system. We need to get this Government out of the way so that we can have a Labour Government who will stand up, take responsibility and fix the system, and we need that right now.

Asylum-seeking Children: Hotel Accommodation

Stephen Kinnock Excerpts

Wednesday 7th June 2023 Westminster Hall

[Stephen Kinnock (Aberavon) (Lab)]

It is a pleasure to serve under your chairship, Mr Hollobone. I thank all hon. Members for their excellent contributions, and I congratulate the hon. Member for Edinburgh North and Leith (Deidre Brock) on securing this vital debate. Colleagues have set out, far more eloquently and powerfully than I could, the deeply troubling situation in which we find ourselves. Rather than repeating that, I will set out Labour’s plans for addressing some of the challenges that we face because of the broader chaos and shambles of the asylum system across the board, which is the root cause, context and backdrop for the appalling issues that we are discussing. I will then ask the Minister some more specific questions.

Labour has spent the past nine months urging the Conservative Government to adopt our five-point plan to end the dangerous channel crossings, defeat the criminal gangs and reduce the asylum backlog, based on hard graft, common sense and quiet diplomacy. First, we would scrap the unworkable, unaffordable and unethical Rwanda scheme and redirect the money put aside into an elite cross-border 100-strong police unit to relentlessly pursue the real enemy, the ruthless criminal smuggling gangs, upstream where they are operating away from the French coastline. Secondly, we would negotiate an agreement with France and the EU that would enable us to return asylum seekers who have crossed on small boats back to mainland Europe in exchange for a more generous but strictly capped offer from Britain on resettling genuine refugees with family connections in the UK. Thirdly, we would clear the backlog by fast-tracking the processing and returns for low grant rate countries, and we would address the incomprehensible decision to downgrade the seniority and expertise of Home Office decision makers. Fourthly, Labour would fix the broken resettlement pathways, particularly the Afghan schemes. Finally, we would develop an international development strategy that would include tackling the root causes of migration.

We need to look at the issues surrounding unaccompanied children, and Labour would look very carefully at how they are treated within the system. We are deeply concerned about the changes that were introduced in January this year with regard to short-term holding facilities. Ahead of the changes coming in, I wrote to the Minister privately to raise my concerns, particularly on the scope for women and children—some of whom will be fleeing sexual violence—to be held in small rooms together with men they do not know. Unfortunately, I have not received a reply to that letter. I know that the Minister is a very busy man, but perhaps he could comment on why I did not receive a reply within the expected three-month window. Perhaps he will also make clear what action he is taking to ensure that women, girls and unaccompanied children are safeguarded.

Meanwhile, the Illegal Migration Bill has raised real concerns. Clause 14 will disapply the safeguard duty to consult the independent family returns panel when a child will be removed or detained. Clauses 15 to 20 deal with issues relating to the rights of separated children, with the provisions likely to undermine the key principles of the child protection framework, including by giving the Home Secretary the power to terminate a child’s looked-after status when they are in the care of a local authority.

For the past 18 months, the Home Office has been providing accommodation to vulnerable children, yet provision of accommodation and support to children sits outside the Home Office’s competence and knowledge base, raising serious concerns over safeguarding. It was therefore shocking but not surprising that the Minister announced on 24 January that as many as 200 unaccompanied children had gone missing from hotels. What progress has he made on finding those children? What additional safeguards are in place?

Charity workers have said that children are being picked up by gangs from outside their accommodation. What action is the Minister taking to prevent that? We have heard heartbreaking stories from my hon. Friend the Member for Walthamstow (Stella Creasy) about children who have been sexually assaulted. On 7 November, she asked the Minister to publish the details of all those cases and the number of incidents. Does the Minister have the latest data on that to share with the House?

I will end with some additional questions on wider asylum system failures, which have led to vulnerable children being placed in dangerous conditions. Last December, the Prime Minister said that the Home Office would recruit 700 new staff to the new small boats operational command. How many are in post? Last year, the Home Office announced plans to increase the number of asylum caseworkers from 1,277 to 1,500 by the end of March this year, and then to 2,500 by the end of August. Will the Minister tell us whether he has met the first target and what progress he has made towards the second? Less than 10 years ago, almost 90% of asylum claims were decided in six months. Last year, that figure stood at barely 10%. Can that possibly be explained by anything other than incompetence? Is there perhaps another agenda that explains why the backlog is so large?

The asylum system is a mess. Vulnerable children are victims of this failing system, a system that has failed because of 13 years of sleeping at the wheel and the Government taking their eye off the ball. We need a Labour Government to sort this out—and we need that as rapidly as possible.