Nationality and Borders Bill (Eighth sitting)

Debate between Stuart C McDonald and Neil Coyle

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Stuart C. McDonald]

It gives me reassurance that children will not be housed in such accommodation, and I think all hon. Members will welcome that. However, we are again being asked, essentially, to legislate blind. As parliamentarians, we are repeatedly told that all sorts of important information will be set out in guidance and in immigration rules, but before we give the Government the power to go ahead, we must least be told what they intend to put in that guidance and those immigration rules.

All sorts of other questions that I have asked—about people with physical or mental health problems, and survivors of modern slavery and trafficking—have yet to be answered. How soon do the Government want to put these people in such accommodation? I want to hear the answers before the Committee is asked to vote on whether the Bill should contain the protection that we propose.

Amendment 103—it is probably redundant in light of the Minister’s welcome reassurance—enables us to ask how, if there were to be children in accommodation centres, those children would be educated. Section 36 of the Nationality, Immigration and Asylum Act 2002 means that most children in such centres cannot attend state schools. This amendment would remove that restriction, but I am pleased to hear that that question will not arise.

[Neil Coyle]

The Minister said that it was not the Government’s intention, which does not necessarily mean it will not happen. It was not the Government’s intention to put people in unsafe accommodation, as happened with Napier, or to put people at risk in accommodation in my constituency, where there was an inevitable covid outbreak. Perhaps the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East is generous and I am cynical, but I would like something clearer than an intention from the guidance.

Nationality and Borders Bill (Seventh sitting)

Debate between Stuart C McDonald and Neil Coyle

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Stuart C. McDonald]

That point was made repeatedly on Second Reading, but the big problem with the right hon. Gentleman’s question is that the language of the Bill itself recognises that such people are refugees. The Uyghur is clearly fleeing persecution, the Syrian is fleeing persecution by the Assad regime and the persecuted Christian is fleeing persecution. A refugee does not cease to be a refugee because he has gone on to a different country. We will come to a different debate under clause 14 on the circumstances in which it might sometimes be legitimate for a state to say, “Actually, you are in France and it would be appropriate for France to assess your asylum claim.” I am not saying that is never permissible—far from it—but we will have that debate on clause 14.

The people we are talking about here, however, have been through all that. The Home Office has attempted to move them to France or another country, it has not had any success in doing so and they have been recognised as refugees, so the question is how we treat those three people.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

Does the hon. Gentleman share my concern that those who purport to demand that France take more asylum seekers need to be mindful of the fact that France already takes three times as many asylum seekers as the UK, and that we need to meet our international obligations rather than seeking to demand that others take more of a share than we are taking?

[Stuart C. McDonald]

I agree with the hon. Gentleman. That is exactly why the Government are embarking on a dangerous slippery slope. If the case is that the UK cannot cope with the number of asylum claims that have been made here, which I do not think can remotely be the case, because it is not a remarkable number in the grand scheme of things over the past 25 or 30 years, and therefore we need to take all these steps, then clearly France and Germany and Italy will all be perfectly entitled by that same logic to do the same thing. When that chain of dominoes finishes up and we get to Lebanon and Pakistan, the countries neighbouring the countries where these people have been persecuted, the whole system of international protection falls apart.

Returning to the point I was making about how reducing the period of leave will be fundamentally detrimental to people’s ability to put down roots, to integrate and to feel part of UK society, I wanted to finish by saying that the VOICES Network, people who know the asylum system first-hand, in their response to the new plan consultation remarked that the proposal would

“perpetuate the insecurity and uncertainty of the lives of these people with damaging implications for their mental health.”

I think they are absolutely right.

I have a number of questions for the Minister. How many people does the Home Office anticipate will fall into this group in the first years of the policy? What impact does he believe the policy will have on the mental health, employment prospects and levels of integration for refugees such as a Uyghur, Syrian or persecuted Christian? It seems apparent to me that the measures will undermine all that. What will happen to children? What will the cost implications be for the local authorities and health services that are supporting them?

Similar moves in Australia have had exactly the impact I am talking about. As the Australian Human Rights Commission reported in 2019:

“Uncertainty about their future, the inability to make long-term plans and the stress associated with having to reapply for protection (including the anticipatory distress of potentially being returned to the country from which they had fled) caused significant distress and anxiety amongst TPV holders, hampered their capacity to recover from past trauma and resulted in poorer settlement outcomes.”

The Australian Red Cross said that

“temporary protection institutionalises uncertainty, and often poverty, amplifying pre-existing trauma and suspending the process of settling into a new country.”

I have no reason to think that that will not be the fate of the Uyghur, the Syrian or the persecuted Christian if these provisions are enforced for them. That, unfortunately, appears to be exactly what the Government want to achieve, and that is the shame of the whole policy.

On the other side of the coin, given the record delays and problems in processing asylum claims that the Home Office already faces, why on earth do we want to require the Home Office to process the same cases and applicants over and over again over a 10-year period, adding exponentially to caseworker workloads? Can the Minister confirm what exactly the review process will entail? What will be the targeting for these decisions? What happens to refugees whose 30 months or less have expired while they were waiting? How many additional decisions does the Home Office anticipate it will have to make from the third year onwards, and how many extra staff will that require? This is not only disastrous for asylum seekers, but pretty bad news for Home Office caseworkers.

Amendments 89 and 94 would remove the Secretary of State’s right to punish a Uyghur, Syrian or persecuted Christian by denying them indefinite leave to remain on the same basis as other refugees. That settlement provides the ultimate safety and security and is currently available after five years. Again, the Bill does not say what the Government’s intentions are with this power, but it is understood that they propose 10 years of short-term visas before settlement would become available. Can the Minister confirm precisely how the Secretary of State intends to use these powers? What else will be required of a refugee at the 10-year stage? Will there be a fee? What tests will we require to be met? These arguments are similar to those I made for amendments 88 and 93, so I will not repeat them. The key point is the same: instead of offering security, integration and the opportunity to rebuild their lives, the Syrian, the Uyghur and the persecuted Christian have been faced with uncertainty, re-traumatisation, stress and anxiety.

Amendments 90 and 95 are designed to remove the Secretary of State’s power to impoverish these three asylum seeker groups. The power would see universal credit, child benefit and local authority homelessness assistance among the crucial safety nets torn away from them. The explanatory notes say that the power will not be applied in cases of destitution. Minister, if the power must be kept, why not put that in the Bill? Fundamentally, how will it work, and how will it be assessed? Especially after months and years of being excluded from work, refugees will be destitute from the point that they are recognised. Will it happen automatically? How will the Secretary of State review that? How much more work will that entail for Home Office staff?

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[Stuart C. McDonald]

I have absolutely no problem with measures that go after the people smugglers. We all share the goal of disrupting their model. We draw the line at punishing the victims and going after them in an attempt to disrupt and undermine people smuggling. First, I find that morally indefensible. Secondly, as I will come to later, there is no evidence that it will work.

[Neil Coyle]

Does the hon. Gentleman share my concern, which is twofold? First, the best way to tackle the people smugglers is to provide safe routes, because then they are denied the chance to smuggle people to begin with. Secondly, a Xinjiang Muslim who faces forced sterilisation and forced labour is not going to be aware of UK law and what status they enter under. It is complete nonsense to think that refugees and asylum seekers fleeing persecution and torture are going to be aware of UK law, whatever goes into the Bill.

[Stuart C. McDonald]

I absolutely agree. The hon. Gentleman makes two points. Yes, safe legal routes can and will make an impact. If people have safe legal routes, they do not need to turn to people smugglers. The Government acknowledge this when they speak about the safe legal routes they support.

There are various other measures we have to take. Our intelligence and police and security forces need to do everything they can to interrupt these networks. It is about international co-operation, including with France, as the Minister alluded to at Home Office questions on Monday. We support those measures, but we do not support deliberately impoverishing the Syrian, the Uyghur and the persecuted Christian and denying them universal credit, homelessness assistance or the child benefit that other citizens in this country get if they need it. I will come back to that in the clause stand part debate.

The Home Office knows this. It did research 20 years ago. If it has done any more since, it is not published. There is no evidence to show that people sit down with a nice table comparing family reunion rights and asylum procedures in all the different countries and then say, “Let’s go for that one.” They come here for a whole host of reasons. Many go to other countries for a whole host of reasons—language, family links, the influence of people smugglers, or they may have a friend or colleague here. Perhaps they just identify with the culture. There are myriad reasons why people end up in France or the United Kingdom, but it is not for these reasons. That is why these provisions will not work.