Amnesty for Undocumented Migrants

Stewart Hosie Excerpts

Monday 19th July 2021 Westminster Hall

[Stewart Hosie (in the Chair)]

Hon. Members should be aware that social distancing is no longer in operation, but I remind you that Mr Speaker has encouraged us to wear masks. I also remind Members participating physically and virtually that they must arrive for the start of Westminster Hall debates, and Members are expected to remain for the entire debate. Members participating virtually should leave their cameras on for the duration of the debate and must be visible at all times, both to each other and to us in the Boothroyd Room. If Members attending virtually have any technical problems, they should email the Westminster Hall clerks at westminsterhallclerks@ parliament.uk. Members attending physically should clean their spaces before they use them and as they leave the room.

[Tom Hunt (Ipswich) (Con)]

I beg to move,

That this House has considered e-petition 567681, relating to an amnesty for undocumented migrants.

It is a pleasure to serve under your chairmanship, Mr Hosie. The petition calls on the Government to

“grant an urgent Amnesty to Undocumented Migrants living in the UK.”

It attracted 103,440 signatures, and I thank each and every one of those people for participating in our democracy by signing the petition, which has led us to debate this very important issue.

It is clear that covid-19 has added a bit of impetus to the decision to sign the petition. There has been concern about the ability of undocumented migrants to get access to a vaccine, which is of benefit both to them and to the wider society, because we know that people are less likely to transmit the virus when they have had the vaccine. That seems to have given the petition a bit of added impetus, because having an unstable existence is made even more challenging through covid-19. As for many things, covid-19 has made a challenging situation more challenging, so I can understand the decision of 103,440 people to sign the petition.

In terms of what the petition calls for, it is as simple as granting an amnesty to all undocumented migrants living in the UK, except those who have a criminal record. The petition was quite clear that if someone has a criminal record, they should not be the beneficiary of the proposed amnesty, but I have to say that there is not much more detail than that. I assume that the petitioners want to treat every undocumented migrant the same, regardless of whether they are someone who has been living here for over 10 years and who has put down extensive family roots, or somebody who, quite frankly, arrived here last weekend on a dinghy from Calais. That is something that the petition is missing, because there is no clarity. I can only assume that the petition is essentially referring to every single undocumented migrant. I also assume that it would be a one-off amnesty for all undocumented migrants, but I am unsure about whether the petitioners wish it to be something that happens routinely—for example, every five or 10 years. That is also not clear. What is clear is the desire to regularise the status of all undocumented migrants, which is what we will be debating today.

The arguments in favour of the petition are clear. There are many individuals and families who have come here as undocumented migrants. Some may have come illegally in the first instance. Some may have come here legally, but the legal time that they are allowed to be here has expired and they are looking to regularise their position. It is a combination of both of those. However, there are many who are making a positive contribution to our country in difficult circumstances. At the moment, it is a very challenging situation for them.

There is also an argument that, by regularising their status, it actually leads to their paying more taxes, which is beneficial to the taxpayer. I have some sympathy with the argument that says we should treat people a bit differently if they have been here for 10 or 12 years and have put down extensive family roots. Is it really realistic, or likely, that the Government will deport migrants at that stage? It is incredibly unlikely. If we are of the view that it is incredibly unlikely that we are ever going to deport migrants in those circumstances, there does seem to be a strong argument that we should regularise their status, and perhaps an argument could be made for an amnesty. However, in terms of the arguments against, and in relation to the petition, I simply cannot support treating a family who may have been here for more than 10 years the same as somebody who came here last weekend in a dinghy.

We also cannot make assumptions about every single person who is in the undocumented migrant category. The reality is that there will be some people who have come into this country through an illegal route. We do not know whether they are genuine refugees; it is impossible to know whether all of them will be. Among them there will be some economic migrants, so ultimately those individuals would likely be the beneficiaries of the blanket move as suggested by the petition. That is something that I cannot support.

If we were to support a blanket amnesty for every single undocumented migrant, it would be impossible to sustain that position while at the same time not being in favour of open borders. I find it very difficult to understand how you could support an amnesty—and potentially have one regularly, every five or six years—and not support open borders. As a Member of Parliament of this country, I would never support open borders. It would put unsustainable amounts of pressure on our public services. There would be all sorts of problems with social integration if migration was unmanaged to that extent. It would also limit our country’s ability to show compassion towards the most genuine refugees and to have a laws-based, rules-based immigration system that allows us to welcome the brightest and the best who want to come to this country to make a positive contribution. More to the point, it would be a slap in the face for all of those people who have moved to this country legally and who have followed the—often cumbersome—rules. They have followed them. They have done their side of the bargain. They have moved here legally. This would be a slap in the face to them.

--- Later in debate ---

[Tom Hunt]

With the greatest of respect, if the hon. Member has read the motion in the petition, she will see that that is not what this petition is calling for. It mentions nothing about being here for 10 years. Essentially, it is a blanket amnesty for every single undocumented migrant. People across the political spectrum have floated and supported the idea of a limited amnesty targeted at those who have been here, say, for over 10 years. As I said earlier in my speech, I believe there are some merits in those arguments.

However, this petition is not calling for such an amnesty; it is calling for a situation that sits very closely to an open border policy, in my view. I think it would lead to chaotic results, unintended consequences, unsustainable pressure on public services, problems with social integration and, as I also said earlier, it would limit our capacity to promote a compassionate, generous, rules-based immigration system and approach to refugee resettlement, which could benefit this country and which, I believe, is supported by the majority of people in this country.

That is sort of the wider picture. Of course there will be examples of where the status quo fails individuals and individual families, and we need to work with that system to improve its efficiency and how quickly it deals with these cases, so that it can turn them around as quickly as possible and get people the outcome they need as soon as possible, so that they can plan their lives with certainty. Of course, that is something that I support.

However, the current Government position is that if someone has been in the country for a long period of time, there are opportunities to regularise their status. Nevertheless, I think it is appropriate and fair that that is done on a case-by-case basis, because we cannot make huge generalisations with regard to those who come under the category that we are talking about today, because the motors vary and the circumstances vary enormously.

In conclusion, although I sympathise with the reasons why people have signed this petition and their concern about the circumstances that many people face at the moment, the petition is not focused enough in what it is calling for. To me, it is calling for a blanket amnesty for every single person, many of whom have come here illegally and shunned the legal process. It would be a slap in the face for those who have come here legally, and there would be serious unintended consequences.

If the hon. Members taking part in this debate believe in this petition as it stands, they should run with that policy in a manifesto in a general election. There would be a resounding answer from the British people, namely that they would not support this proposal. The vast majority of people in this country see the benefits of immigration and are compassionate towards refugees, but they want a rules-based system and this petition would fly in the face of that.

For all those reasons, I would be unable to support this petition, but I am glad that this subject will have a good airing today. Having looked at the call list, I predict that perhaps we will hear some arguments being raised that are different to those I have raised. There probably will not be much reiteration of the arguments I have just made, until perhaps the end of the debate.

[Stewart Hosie (in the Chair)]

I will put on an informal time limit of five minutes at the moment and we will see where we get to with that.

--- Later in debate ---

[Stewart Hosie (in the Chair)]

Order. Can you speak up a little? I think there is something wrong with your microphone. We cannot hear you well at all.

[Seema Malhotra]

Is this any better?

[Stewart Hosie (in the Chair)]

That is better, yes

[Seema Malhotra]

My constituency of Feltham and Heston had the fourth highest number of signatories—[Inaudible.]

[Stewart Hosie (in the Chair)]

Order. I am sorry, we simply cannot hear you. Try again, and if it does not work, we will come back to you.

[Seema Malhotra]

My constituency of Feltham and Heston had the fourth highest number of signatories to this e-petition, reflecting in my view—[Inaudible.]

[Stewart Hosie (in the Chair)]

Order. Again, I am sorry, but the sound is not working. We will have one of the engineers get in touch and we will come back to you. I call Ruth Cadbury.

--- Later in debate ---

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hosie, and I congratulate the well over 100,000 people who signed the petition to secure this important debate. Indeed, many of my constituents have contacted me to raise their concerns, and more than 2,100 of them have signed this official petition.

In essence, those people are saying that they reject the Home Office’s hostile environment, and that what we need is a fair, transparent system that provides a safe harbour for those fleeing war, genocide, domestic abuse, violence and other forms of persecution—a system that has at its heart our true British values of compassion, justice and humanitarianism. They highlight that the UK system of asylum and immigration is mired in crisis. Although I am not advocating a policy of open borders, we do need a fair, rules-based asylum and immigration policy.

A recent report makes for grim reading. The Joint Committee for the Welfare of Immigrants published a report called “We Are Here” just a few weeks ago. I am sure the Minister has read it. The report looks at the routes by which people become undocumented. Often a small error, a period of illness, bad advice or mental problems can lead to someone becoming undocumented and entering a Kafkaesque nightmare of impossible bureaucracy, social exclusion and exposure to the criminal underworld. These are people who are bewildered, disoriented and traumatised and who often suffer from post-traumatic stress disorder, and the system makes things worse for them.

We know that people without access to benefits and work are coerced into criminal activity or forced into dangerous work, but the pandemic has highlighted that, shamefully, undocumented migrants are also denied access to basic healthcare. The JCWI reports that they are scarred by the whole experience and are scared of seeing a GP, going to hospital or getting a covid vaccination, for sheer fear of arrest. I do not need to tell the Minister that this creates a danger to public health for everyone. There is obviously a huge unmet need for vaccinations. Is it not clear that the only people who the current system helps are criminals? We are fuelling exploitation and rewarding organised crime groups and people traffickers.

The Joint Council for the Welfare of Immigrants has set out a series of entirely sensible policies: namely, new and simplified routes to status based on five years’ residence; British citizenship for children born in the UK; making visa renewals automatic and affordable; and scrapping the illegal working offence and creating a route to status through work.

What have the Prime Minister and his Conservative Government proposed instead? It is hypocrisy, back-tracking and hostility. The Prime Minister himself advocated the creation of a migrants’ amnesty when he was the London Mayor in 2008. In 2016, as Foreign Secretary, he called measures to give amnesty to undocumented migrants who had lived in the UK for longer than 10 years “economically rational”, but after raising so many people’s hopes, and when he has the opportunity as Prime Minister to make a real difference and ensure that it is easier and simpler for those who are undocumented to become regularised, he has done nothing for the last two years. It is just not fair for those who could make a huge positive contribution through taxes to our Exchequer, and who have to suffer excessive Home Office fees, as hon. Members have already highlighted, to have their hopes falsely raised and then cruelly dashed.

I hope the Minister will have the confidence to deviate from the notes prepared by Home Office officials and to engage with those points with the seriousness that they merit. He can end the uncertainty, which has devastating consequences for the lives it affects. Undocumented migrants who have been here for several years deserve clarity.

[Stewart Hosie (in the Chair)]

We will go back to Feltham and Heston and see whether we have any more luck.

--- Later in debate ---

[John McDonnell (Hayes and Harlington) (Lab) [V]]

Before I comment on the speeches so far, I want to mention this. Today I visited the Crowne Plaza hotel in my constituency, which has housed asylum seekers for the last year. This weekend a young Sudanese man died at the hotel. I will not name him because I am not sure whether his family have been contacted yet, but I want to send my condolences and sympathy to all his friends that I met today. It exemplifies the precarious nature of the life of many of the people who come here to seek safety and security. We are not sure of the cause of death. There were reports this morning about the large numbers of young men who come here and go on to take their own lives. We need to learn some lessons and approach the issue with compassion. I have listened to all the speeches, and I do not think I can add to any of the recommendations that have been made, bar one.

All I can do is bring my experience to the debate. Sometimes these debates are no longer rational. They are delivered by emotions, including the emotions that I feel. I have been dealing with asylum seekers in my constituency for over 40 years, as an activist campaigning for our local law centre, or as a Greater London Council councillor, and then as the local MP. I have met hundreds of asylum seekers and hundreds of families. Their lives undocumented have been scarred and sometimes broken by the asylum system that we now have.

As others have said, the system is complex, slow, incompetent, inefficient, brutal and inhumane. And it is expensive, especially for those living in poverty because they have been forced by the hostile environment on to the margins of our society and because there is no access to legal aid. As someone has already said, most of the people we are talking about came legally into the country and went into the process but dropped out. In my experience, people drop out in many instances, first, because of appallingly poor legal advice, with people being ripped off and given expensive legal advice that was going nowhere, and, secondly, because of the huge mental health issues that they have faced, both through their suffering in their country of origin and in their travels here, and when they arrived here—a place where they thought they would find security and succour.

The issue around the fees is important because by criminalising work for these people, it means that they are exploited. In the cases I have dealt with, because work has been criminalised it forces them into illegal work, being ripped off and often not being paid. I have dealt with many women who have been exploited sexually as a result of their vulnerability, because their work is illegal. In some instances, when they have gone to the authorities and reported it, they have been picked up as an illegal. That is why people do not report and often do not identify the perpetrator of some of these appalling acts of exploitation and, in some instances, sexual violence.

I therefore agree with all the proposals that have been put forward by my hon. Friends. Some Members who have spoken today may not accept an amnesty. It has worked elsewhere, as others have said, and I think it should be considered, just as the Prime Minister considered it when he was the Mayor of London. I welcomed the statements that he made then. If people cannot go as far as that, my hon. Friends the Member for Slough (Mr Dhesi) and for Feltham and Heston (Seema Malhotra), along with others, have set out a number of reforms that are readily available to us and could transform the lives of hundreds of thousands of people who are living in our communities. They come here for safety and security, but they also want to contribute to the society of their host community.

One further reform that I would like the Government to consider is the scrapping of no recourse to public funds, because it is forcing people into destitution, exploitation and, in many instances, situations of vulnerability that put their health and their lives at risk. The plea from the people who signed the petition, nearly 4,000 of whom were my constituents, is the same that others have made in the debate today, which is that this system is not working, even on the Government’s own terms, because 99% of people are not intimidated by the hostile environment to return their countries of origin because they are so vulnerable there. If the system is not working, even on the Government’s own terms, now is the time for reform, and it is needed urgently because people are suffering and, as we have experienced today in my constituency, people are dying as well.

[Stewart Hosie (in the Chair)]

I call Anne McLaughlin, who has eight minutes.

--- Later in debate ---

[Kevin Foster]

I have less than two minutes, I am afraid. I appreciate that you wanted to give people time, Mr Hosie, but as the Minister I have only eight minutes to wind up, which is pretty short.

People who fear the situation in their country of origin may choose to claim asylum, and there is no cost to that. Those with qualifying family members who are present and settled in the UK can apply under the family rules, for example where there is a qualifying partner and insurmountable obstacles to family life continuing outside the UK. The private life rules provide for those who have been in the UK for a particularly long time to regularise their status. That said, we are in the process of reforming our immigration rules and, as many Members may be aware, I have met the group We Belong to discuss the current process for those who arrived here as children or were born here but did not qualify for British citizenship. We aim to simplify the settlement rules in the near future, as part of our wider work on the new migration system, which will include some changes in response to the points raised by that group, and we will reduce the number of people ending up on the 10-year route to settlement. We accept that too many people are on that route.

I have had to give a fairly short summary of the Government response, but we do not believe that granting an amnesty, as proposed by this petition, would be appropriate. It would undermine the rules—actually, it would make the whole creation of rules pointless if people could just ignore them and get status anyway.

[Stewart Hosie (in the Chair)]

I call Tom Hunt for a brief winding-up speech.