Border Security, Asylum and Immigration Bill (Twelfth sitting)

Susan Murray Excerpts

Tuesday 18th March 2025 Public Bill Committees

Brought up, and read the First time.

[Susan Murray (Mid Dunbartonshire) (LD)]

I beg to move, that the clause be read a Second time.

It is a pleasure to work under your chairmanship, Dr Murrison. The new clause would enable replacements of large portions of the Nationality and Borders Act 2022 —in particular, sections on asylum, immigration control, age assessments and modern slavery—to ensure the upholding of the refugee convention, to provide for safe and legal routes to sanctuary for refugees and to help prevent dangerous channel crossings.

[Matt Vickers (Stockton West) (Con)]

Liberal Democrat new clause 27 seeks to repeal provisions in the Nationality and Borders Act 2022 passed by the previous Conservative Government. By attempting to repeal section 29 of the Act, the Liberal Democrats are seeking to prevent the Government from removing people, including criminals, to a safe third country.

Rewind back to 2022 when 45,000 people crammed into small boats, flimsy rafts teetering on the channel’s unforgiving waves—a swarm, spurred by the hope of slipping through our borders, hammering coastal towns and stretching security to its limits.

--- Later in debate ---

The Act also introduced the establishment of a clear two-limb test for assessing whether an asylum seeker has a well-founded fear of persecution and raised the standard of proof that an asylum seeker must satisfy for certain elements of the test to the higher “balance of probabilities” standard. That is helping to ensure that only those who genuinely require protection are granted it in the UK, while those who do not qualify will be removed. The Government are committed to restoring order to the asylum system, and the Bill supports our aim in ensuring that the system operates swiftly, firmly and fairly. The examples outlined demonstrate the practical benefits of keeping the Nationality and Borders Act 2022 on the statute book. It follows that I do not agree that new clause 27 should be added to the Bill.

[Susan Murray]

I thank the Minister for her clear outline. The Liberal Democrats want to enable the replacement of large portions of the Nationality and Borders Act and ensure that we uphold the refugee convention. We wish to push the new clause to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---

Brought up, and read the First time.

[Susan Murray]

I beg to move, That the clause be read a Second time.

This new clause would make provision for leave to enter or remain the UK to be granted to the family members of refugees and of people granted humanitarian protection. Through the clause the Liberal Democrats seek to support refugee family reunion and to help people to integrate into the community, learn the language, make a home and work to contribute to society, exactly as the hon. Member for Edinburgh East and Musselburgh discussed.

[Matt Vickers]

Liberal Democrat new clause 29 requires that within six months of the date on which this Act is passed, the Secretary of State should lay before Parliament provision for leave to enter or remain in the UK to be granted to family members of people granted refugee status and of people granted humanitarian protection. In the new clause, family members include: a person’s parent, including adoptive parent; their spouse, civil partner or unmarried partner; and their child or sibling, including their adopted child or adoptive sibling, who is either under 18 or under 25, having been under 18 or unmarried

“at the time the person granted asylum left their country of residence to seek asylum”.

Further, it can be taken to mean

“other persons as the Secretary of State may determine, having regard to…the importance of maintaining family unity…the best interests of a child…the physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person.”

If those provisions were not already incredibly vague, the Liberal Democrats have included a proposal that other persons can be determined by the Secretary of State. That could obviously result in a huge number of spurious claims made by family members who will say that they have a dependency on another person so they must be allowed to come to the UK under the provision. We already have judges completely stretching the definition of “right to family life” under article 8 of the European convention on human rights. The Liberal Democrat clause would be subject to even more abuse.

Beyond the vagueness, new clause 29 risks piling unbearable pressure on an economy already creaking under migration’s weight. Each new family member, however loosely defined, brings costs—in housing, where shortages already top 1.2 million units, in healthcare, with NHS waits stretching past 7 million, and in schools, where 9 million pupils squeeze into overstretched classrooms. The costs of supporting asylum for individuals run into the tens of thousands of pounds. Multiply that by thousands of dependants under this elastic clause, and we are staring at billions more siphoned from taxpayers, who have already seen their council tax spike. The Liberal Democrats do not set a cap; they fling the door open ever wider, ignoring how finite our resources are. Britain’s compassion has no bounds, but its resources certainly do. Our generosity must have limits. New clause 29 pretends otherwise, and working families will foot the bill when the system groans under the strain.

The new clause does not just invite claims; it opens a legal floodgate that could drown our courts in precedent-setting chaos by letting the Secretary of State define “family” on a whim. Whether we are talking about emotional ties or financial need, new clause 29 hands judges a blank slate to scribble ever-wider interpretations, building on the already elastic right to family life under article 8.

We have seen what has happened. As has been mentioned, an Albanian stayed because his son disliked foreign chicken nuggets. A Pakistani offender lingered, citing harshness to his kids. Let us now imagine dozens or hundreds of cases stacking up, each further stretching dependency—cousins, in-laws, distant kins—all cementing new norms that bind future policy. The Lib Dems would not just be tweaking rules; they would be unleashing a judicial snowball that would roll over border control for years to come. “Family unity” sounds noble, but the sprawl under new clause 29 could stall integration in its tracks—a challenge we cannot ignore when one in six UK residents was born abroad. Bringing in broad swathes of dependants, potentially with limited English skills or ties, risks clustering communities inward, not outward.

If we look across the channel, we see that Germany tightened family reunification after 1.1 million arrivals, capping it at 1,000 monthly for refugees’ kin, citing overload. We are not outliers for wanting clarity. Other nations prove it works, yet the Lib Dems chase a boundless model, ignoring how allies balance compassion with capacity, leaving us to pick up the pieces when this experiment fails.

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

The hon. Member for Mid Dunbartonshire proposes an amendment that seeks to significantly change the current refugee family reunion policy, and to expand the current eligibility to include siblings, children under the age of 25 and any undefined family member.

The Government fully support the principle of family unity and the need to have provisions under the immigration rules that enable immediate family members to be reunited in the UK when their family life has been disrupted because of conflict or persecution. Accordingly, in recognition of the fact that families can become separated because of the nature of conflict or persecution, and because of the speed or manner in which people may be forced to flee their homes, communities and country, our refugee family reunion policy is extremely important and generous. The route enables those granted a form of protection in the UK to sponsor their partner or child to come to the UK, provided that they formed part of that family unit before they sought protection. Increasing numbers of visas have been granted through this route under the current policy, and indeed under the previous Administration. In 2024, 19,710 people were granted family reunion visas—twice the number in 2023, when around 9,300 visas were granted.

On the specific proposals in the new clause, it should be noted that any expansion of the existing approach without careful thought, including where such an expansion would allow an undefined family member to be brought to the UK, could significantly increase the number of people who qualify to come here, and runs the risk of abuse of those routes. That would have an impact on the taxpayer and could result in further pressures on public services and local authorities, which may have to accommodate and support the new arrivals.

We believe that introducing a rule that allows children to sponsor their relatives would risk creating incentives for more children to be encouraged or even forced, as we know can happen, to leave their families and risk hazardous journeys to the UK across the channel in small boats. That is a serious and legitimate concern regarding the best interests of those children.

[Susan Murray]

I thank the Minister. It is good to hear that the Government support the principle of family reunion, but we will press the new clause to a vote.

Question put, That the clause be read a Second time.

Border Security, Asylum and Immigration Bill (Third sitting)

Susan Murray Excerpts

Committee stage
Tuesday 4th March 2025 Public Bill Committees

[Matt Vickers]

I could not, but I could tell the hon. Lady that the backlog is even bigger now than it was when this Government took office.

If the Government were serious about tackling illegal crossings and creating an effective deterrent, they would support new clause 21. We also want to make sure that the Border Security Commander is transparent with the public about how best to stop illegal and dangerous channel crossings, which is why this new clause includes a requirement for the commander to make an assessment of the most effective methods for deterring illegal entry into the UK, the most effective methods for reducing the number of sea crossings made by individuals without leave to enter the UK, and the most effective methods for arranging the removal, to the person’s own country or a safe third country, of a person who enters the UK illegally. Again, if the Government were serious about protecting borders, they would support the new clause.

Clause 9 specifies that the Border Security Commander must

“comply with directions given by the Secretary of State about the exercise of the Commander’s functions under this Chapter.”

Can the Minister explain what sort of guidance the Secretary of State is likely to want to give the commander? Can she explain how the Secretary of State wishes to exercise the powers in the clause?

The SNP’s amendment 1 would confirm that the commander must have full regard to the Human Rights Act and the Council of Europe convention on action against trafficking in human beings. Given that the commander’s role, as drafted by the Government, includes no real power or responsibility, I am not sure what that amendment would actually achieve.

[Susan Murray (Mid Dunbartonshire) (LD)]

It is a pleasure to serve under your chairmanship, Dr Murrison. The Liberal Democrats would like to introduce new clause 7, because we want to strengthen cross-border co-operation and Britain’s role in that process. We also believe that we need to reverse some of the last Government’s roll-back of provisions to tackle gangs involved in modern slavery. The new clause would require the border commander to meet the executive director of Europol every three months, which would help to achieve those goals.

[Chris Murray]

Before I was elected and before Brexit, I was the justice and home affairs attaché at the British embassy in Paris. I helped to co-ordinate engagement between the Home Office, the French Government and Europol. I do not know how much the hon. Lady knows about how Europol functions, but it has a lot of operations and is a very busy organisation. It would frequently take us more than three months to arrange a meeting. Would the new clause not put civil servants at risk of breaching the law just because they could not set up a meeting fast enough?

[Susan Murray]

That is a really important point. If the new clause were accepted, civil servants would perhaps have to look at ways to schedule meetings in advance so that they were not done on an ad hoc basis.

[Sarah Bool (South Northamptonshire) (Con)]

It is a pleasure to serve under your chairmanship, Dr Murrison. If the role of the Border Security Commander is ultimately to be successful, there needs to be confidence in its efficacy. The title of clause 3 is “Functions of the Commander”, but headings in law are often not necessarily reflected in the interpretation, and the clause does not fully do what it sets out to achieve. As the hon. Member for Perth and Kinross-shire highlighted, it does not actually set out exactly what the functions are. It sets out that the commander has functions, and that they

“must have regard to the objectives of…maximising the effectiveness of the activities of partner authorities”—

which I assume would include Border Force—and

“maximising the coordination of those activities”.

As Migrant Voice and Amnesty International said during evidence, it seems that the role of the border commander involves little more than administration, and I am concerned about what they will actually do. Even with the objective of issuing a “strategic priority document”, all they have to do is set out the principle threats to border security and the strategic priorities.

I have a genuine question about the efficacy of the border commander. First, border security goes beyond just migration; it also relates to our biosecurity, as mentioned in the Environment, Food and Rural Affairs Committee the other day. Border Force highlighted that it deals with numerous issues, including breaches of rules on personal imports. That means that illegal meats are coming into the country, which is a real concern for our border security.

I am concerned about what the border commander will be able to do. Border Force actually needs help with monitoring imports and safely disposing of illegal meats, but it seems that the border commander will be able only to pull together Border Force groups and get them to talk about the problem or list potential threats. We know what the threats are; we just need action, as Border Force itself has called for. It needs more powers.

My concern is that the establishment of the border commander, although an interesting approach, will not actually solve the problems that need solving right now. Perhaps the Minister could address what the border commander will be able to do in that regard.

--- Later in debate ---

I can tell the Committee that the commander has been busy meeting all sorts of people across Europe and beyond about operational co-operation, including Europol, Frontex and some of our colleagues in European Union countries who have operational requirements to deal with cross-border organised immigration crime, and he will continue to do that as part of the strategy he develops. It would be onerous and possibly less effective for that to be specified in the Bill.

[Susan Murray]

The Minister makes good points about the practicalities. It is good to hear that she recognises that the Liberal Democrats are simply trying to ensure that we have international influence and cross-border activities.

[Dame Angela Eagle]

I can certainly assure the hon. Lady that I recognise the import of what she is trying to do with the new clause. Often, such proposals are hooks to hang a debate on, so that there can be a little more information about the Government’s intent. I can assure her that having close operational and diplomatic liaison across all the different structures we have to work with to deal with cross-border immigration crime is absolutely at the centre of what the Border Security Commander will want to do. When we come to it, I hope she will not press her new clause to a vote.

Border Security, Asylum and Immigration Bill (First sitting)

Susan Murray Excerpts

Committee stage
Thursday 27th February 2025 Public Bill Committees

[The Chair]

We are now sitting in public again, and the proceedings are being broadcast. Before we start hearing from witnesses, do any Members wish to make a declaration of interest in connection with the Bill?

[Susan Murray (Mid Dunbartonshire) (LD)]

I want to let the Committee know that I know Daniel O’Malley from Scotland through the Liberal Democrats.

[Kenneth Stevenson (Airdrie and Shotts) (Lab)]

I have previously met Daniel O’Malley as well.

Asylum Seeker Hotel Accommodation: Reopening

Susan Murray Excerpts

Tuesday 21st January 2025 Westminster Hall

[Susan Murray (Mid Dunbartonshire) (LD)]

It is a pleasure to serve under your chairmanship, Sir John. I am grateful for the opportunity to speak on the important issue of reopening hotels to accommodate asylum seekers. Despite repeated ministerial promises, we continue to see the result of a broken system—a system that has caused immense hardship for asylum seekers and communities and has placed a significant burden on taxpayers.

Let us be clear that this debate arises only because of successive Conservative Governments having failed to deal efficiently with the growing backlog of asylum claims. According to the Migration Observatory, the number of outstanding asylum applications under the Conservatives soared from 27,000 in 2018 to 132,000 by 2022. As of September 2024, Home Office data indicates that over 97,000 cases involving 133,000 individuals still await an initial decision, with a further 127,000 in the appeals and removal process. Despite repeated assurances, most claimants still wait beyond six months for any clarity on their status. During that process, asylum seekers are trapped, unable to work, unable to integrate and forced to depend on Government funds.

The reliance on contingency accommodation, whether in the form of hotels, barges or former military barracks, is an expensive sticking plaster to cover a deeper wound. It provides neither dignity for asylum seekers nor value for money for the taxpayer. We have heard Ministers assert that these hotels are only a short-term measure, yet Home Office figures show that there were over 35,000 individuals in hotel accommodation as of September 2024. Successive Governments have spoken of reducing dependency on this provision, yet the number of people in hotels remains persistently high. Worse still, the backlog remains alarmingly large and we are left grappling with new, reactive announcements rather than a cohesive plan.

The situation benefits no one. The fundamental problem is the time it takes to make decisions on asylum claims, coupled with the ban on working. It is the worst of both worlds: forced inactivity for those seeking safety and to pay their fair share, and an unnecessary bill for the public purse. The National Institute of Economic and Social Research estimates that granting the right to work would generate £1.3 billion in additional tax revenue and would reduce expenditure by as much as £6.7 billion each year. We could address the backlog more effectively and reduce the public cost if we ended the rigid prohibition on work, yet time and again Governments have resisted such a solution.

The Liberal Democrats have advocated a clear, sensible plan. First, we propose creating a dedicated, well-resourced processing unit that is separate from the Home Office, with a singular mission of resolving cases quickly. Secondly, we propose reinstating a six-month service standard so that claimants receive an initial decision quickly. Finally, we would grant asylum seekers the right to work after a set period, allowing them to pay their fair share instead of languishing in costly Government-funded accommodation or on street corners.

As we consider whether to reopen asylum hotels for asylum seekers, we must remember that no one genuinely wants this. Asylum seekers deserve dignified conditions, local communities deserve to feel safe from people loitering with nothing to do and taxpayers deserve an end to the wasteful spending brought on by Government’s incompetence. I urge colleagues from all sides of the House to support practical reforms as proposed by the Liberal Democrats, which will finally clear the asylum backlog, end the expensive overreliance on temporary accommodation, such as asylum hotels, and allow those who are seeking refuge to stand on their own feet and contribute to society.

[Sir John Hayes (in the Chair)]

I would like to call the Minister at 5.53 pm, which will give her 10 minutes.