Nationality and Borders Bill (Fourth sitting)

Debate between Stuart C McDonald and Paul Howell

Committee stage
Thursday 23rd September 2021 Public Bill Committees

[Stuart C. McDonald]

Q In essence, the only part of the asylum system that would be left would be people who happened to be in this country and there was a dramatic change of circumstances in their home country—refugee sur place. It is not so much an objection to shutting down unsafe routes; it is an objection to shutting down the UK asylum system, pretty much.

Adrian Berry: Yes. The whole point of the refugee convention is not about resettlement; it is about people making it to the territory and processing and determining their claims. That is why you have the prohibition on penalties in article 31. It is all about coming to the UK to claim asylum and being a refugee on an irregular route. If you shut that out, all that is left is sur place claims, as they are called, where you are on the territory, as you suggest.

[Paul Howell]

Q I have a question for Patricia Durr, more focused on children. One of the things we hear about is people claiming to be children when they are not, and where the boundary is in that. There are questions about what the boundary of assessment is. Do you have an opinion on that, because I do not think we have heard anything so far on that? Where do you feel that sits? Obviously, it is very important that we keep adults separate from children in any holding pattern.

Patricia Durr: We are waiting for more information about the age assessment, given the placeholder clauses in the Bill. I guess our biggest concern is about children being treated as adults. I know that the Committee has expressed some concern about adults being treated as children, but we need to consider that the greater risk is that children are being pushed into adult systems through inappropriate age assessments. Obviously, it is a concern all round, but that is the greatest concern, I think, because the consequences of the adultification of children who are then also criminalised are huge. In any provision for children and young people in this country, we should have in place very strong, robust safeguarding measures that provide better protection for children and young people there than would be provided for a child in adult provision. That is the way I would consider that.

We are concerned that age assessment should remain within a safeguarding framework and remain with professionals who are skilled in children’s development and care. I think the British Medical Association has given written evidence to the Committee to disavow the idea that there is a scientific method or approach to age assessment. It is obviously about professional judgment by skilled professionals—in this case, social workers—who have a better understanding of child development.

Nationality and Borders Bill (Second sitting)

Debate between Stuart C McDonald and Paul Howell

Committee stage
Tuesday 21st September 2021 Public Bill Committees

[Stuart C. McDonald]

Thank you.

[Paul Howell (Sedgefield) (Con)]

Q I want to turn to your last point before I come to the one that I was going to make. You say that the people in the boats would be scared of Border Force because of what has been said. We were told by the Red Cross earlier that the people getting into boats were not informed about what was going on or what sort of law applied. How would they have a perception that the law had changed and that they were going to be pushed back, given that, as the Red Cross said earlier, they would not have any perception of what laws applied to them?

Lucy Moreton: There are communications channels between migrants who make it and those who are waiting. Also, the spin put on it by the smuggling gangs is absolutely phenomenal. For example, we were seeing a lot of migrants being told that the small vessel route over the English channel would become illegal once the UK had left the EU. It was illegal before and it was going to be illegal after: nothing changed. But the gangs used that to pressure more people into taking the route—“Go now, before they stop it!”—and to charge more money for that route. Different vessels have different amounts of information, but this has been reported quite widely in the press.

Migrant groupings in France, I understand, are now aware that this is a risk. We know that they resist approaches by the French; they put themselves at risk in order to prevent the French intercepting and returning them while they remain within French waters. We get reports from our members on the cutters, particularly the smaller ribs, that migrants make absolutely sure that they have got a British vessel. They are far more likely to trust the RNLI or the coastguard, who they recognise because they are on telly and have different uniforms, than to trust us. The last thing we need is someone standing up and going overboard. If they are trying to avoid being intercepted, either by the French, by us or anyone they do not recognise, that is the risk.

--- Later in debate ---

[Paul Howell]

Q Thank you, Chair. This question is similar to one that I asked a previous witness. Mr Smith, what aspects of the Bill would you particularly welcome, and what do you feel needs to be more robust, or indeed less? Could you cover that at the same time?

Tony Smith: I particularly welcome the distinction between those people who are entering the country from safe third countries, with the new interpretation of article 31 where we can actually test whether they face an immediate fear of persecution in the circumstances under which we find them, and those who are genuinely fleeing persecution coming through refugee resettlement routes. I think that is the part that I favour the most.

The other thing we will have to consider is whether we will have to establish proper arrangements for the reception of people coming via this route. The facilities in Tug Haven—I do not know whether the Committee has been there—are appalling. We have a marquee there and we have Border Force officers changing nappies and ordering pizzas because we simply do not have the infrastructure to cope with these numbers. Other countries at least provide sensible, safe accommodation. You are going to hear lots of evidence about the circumstances at Napier Barracks. There is a real problem in the Home Office right now about being able to manage the proper reception of these people, whether or not we allow them to stay.

[Stuart C. McDonald]

Q Thank you, Mr Smith. As ever, it is very interesting to hear from you. I have two quick questions. I am slightly confused because on one hand, you speak about the necessity of deterrence, but the way you want to go about deterring people from making the crossings is through removals to France. That is exactly what we have lost because of Brexit and the end of the Dublin regulations at the start of the year, and this Bill does not bring us any closer to removals to France. On the other hand, you think that criminalisation is not the right way to go, but that is what is in the Bill; it criminalises people who make those crossings. Although I understand your logic, I do not understand how that takes you to supporting this Bill.