Nationality and Borders Bill

Tim Farron Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Tim Farron (Westmorland and Lonsdale) (LD) [V]]

The Bill feels like a series of poor choices made on the basis of ignorance of the evidence, or maybe even contempt for it.

Let us start with the Bill’s major premise, which is that we are overwhelmed with asylum seekers. That is not true. The United Kingdom had 35,000 or so asylum seekers last year; Germany had 120,000; France had 96,000. By the number of people we take in and consider for asylum each year, we are behind 16 members of the European Union, so we are low or mid-table. We are an island, so there is an extent to which we are protected; that has some horrific consequences as well, but the notion that we are overwhelmed with asylum seekers is bogus nonsense. It is not true, yet it is the premise of much of the Bill.

There is a problem with the asylum system, but it is the colossal backlog. Somehow, even though the number of people claiming asylum here has dropped by 58% in the past couple of decades and by 21% in the past two years, the number of people languishing in the asylum system has increased by 28%. That is proof that we are overwhelmed not with asylum seekers, but by the incompetence of the Home Office, which is what the Bill ought to be tackling. It pretends there is a problem that there isn’t, and it pretends that there isn’t a problem that there is.

Secondly, let us be quite honest about the whole issue of safer routes. So many comments have been made by Members on both sides of the House about how we need safer routes to prevent people from making dangerous crossings. There is such a need, but unless the Government allow people to apply for asylum from outside the United Kingdom, the United Kingdom will be complicit in and responsible for people making dangerous crossings. That is the safer route, but the Bill sets out nothing of the sort.

Creating two categories of asylum seekers—which I am sure the Government are doing because it winds up namby-pamby liberals and therefore somehow pleases them and their base—is probably illegal under international law. It is morally repugnant and wicked, and surely it is utterly counterproductive. Maybe that is the argument that might land with Ministers: that it will make things worse.

Just yesterday, I was talking to one of the Home Office’s own asylum accommodation providers. I will not name it, because that would not be fair, but it told me that the two-tier system will make no difference whatever to the number of people who come here via the irregular route; it will simply lead to refugees coming here, not claiming asylum and slipping into the informal economy. In other words, the Government are presenting to the House and the people a charter for a massive increase in exploitation, modern-day slavery, a wicked use of people through trafficking and all the awful things that come about when people go below the radar.

That seems an obvious consequence. the Government’s own suppliers know it, and I assume that the Government know it themselves, but they somehow think that they can get some useful clickbait by separating desperate people into the deserving and the undeserving. That is shocking. It undermines what it is to be British, and the Government should be ashamed of themselves for proposing it. Even if they have no shame, surely they have some practical understanding of the consequences of this foolish procedure: that it will force people underground into exploitation, modern slavery and appalling things like that.

It is not just on those issues that the Government have shown contempt for the evidence, or let us say an accidental ignorance of it. There is a huge impact on the world of work. In my constituency and right across Cumbria, the hospitality and tourism industry is by far our biggest employer. If I were to tell the House that, in the Lake district, 80% of the entire working age population already work in hospitality and tourism, Members will be able to see that there is no huge, sufficient reservoir of the additional people we need to work in our hospitality and tourism industry. Eighty per cent. of the working age population already work in hospitality and tourism. We are Britain’s second biggest destination, behind only London. Do the maths: we need overseas labour.

This year, and in the past few days especially, people I have spoken to right across my community, from Grasmere to Grange, from Sedbergh to Staveley, have been telling me that they have fought and struggled, spent their life savings and gone into debt to survive covid. They have been grateful for the Government support that has helped them to just about do that. Having survived covid, guess what? Loads of them are closing now. Why? Because of the Government’s barmy, impractical, stupid visa rules.

Home Secretary, why did you do all this? Why did the Government make provisions to support hospitality and tourism in the past 16 to 17 months if they were only going to kill them off by stupid visa rules at the end? The simple fact is that, if an Italian restaurant or a gastropub in the Lake district sources half its staff from overseas and half from the local area, if it cannot get the half from overseas and the business therefore closes, as dozens have done, the half who are local will lose their jobs too. So I will use the last few seconds to ask the Government to do something sensible— I and many Conservative Back Benchers think this should happen—and have a youth mobility visa with the countries that are close to us in Europe so that we can at least provide a source of labour to protect excellent businesses from going under because of stupid Government policies.

Nationality and Borders Bill

Tim Farron Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

It goes without saying that if colleagues can take less than three minutes, we will get more people in.

[Tim Farron (Westmorland and Lonsdale) (LD)]

No pressure, Madam Deputy Speaker. I rise to speak in support of new clauses 10 and 11 and amendment 8 in my name. I do not say this lightly, but there is a deep wickedness at the heart of this Bill, matched only by its stupidity, because of its reliance on a bogus narrative that we are being—whatever the language used—“swamped” by asylum seekers.

Let us have some facts that might help Back Benchers on the Government Benches. First, 2% of the world’s population lives in the United Kingdom, and 0.65% of the world’s refugees are in the United Kingdom. We are not taking our fair share; we are not overwhelmed. We take fewer the half the number of asylum seekers we did 20 years ago. We are 17th in the league table—lower mid-table—of countries in Europe when it comes to taking asylum seekers per head of population. Germany takes three times more and France takes two and a half times more than we do.

We hear from the Minister that our asylum system is broken. Yes, it is, but not because it is deluged by too many asylum seekers, because evidentially that is not true; it is broken because of incompetence on the part of the Home Office. The Government’s argument is the equivalent of blaming patients for NHS waiting lists. It is unacceptable and it is wrong.

The numbers crossing the channel are tragic and awful, and it is obvious why it is the case. It is because we have seen a clampdown, because of covid and security, on people crossing the channel through other unsafe routes, such as the channel tunnel and ferries. As the narrower routes across the channel have been more heavily policed, what have we seen people doing? We have seen people taking more dangerous routes. The evidence shows us that when a route is closed off, people find further, more unsafe routes, so the Government’s policy will see more people dead in the channel. That is clearly what will happen unless they introduce safe routes. [Interruption.] There is a whole lot of rhetoric about safe routes and no action whatever.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I think all this shouting across the Chamber is not doing anybody any favours.

[Tim Farron]

Members on the Government Benches can shout, but they are literally voting for something that will see more people dead in the channel. This Bill is a charter for the people traffickers, and the only answer is safe routes. If we offer them the humanitarian visa as a safe route, we offer them the opportunity to do something that is not just morally right, but would actually solve the problem we are seeking to solve. The reality is that we have here a room full of comfortable people creating a two-tier asylum system that will decide between the deserving and undeserving asylum seeker. That is not just morally wrong but against international law. It is undermining Britain’s international standing and weakening our position on a range of issues while doing something morally shameful and undermining everything it is to be British.

[Mrs Natalie Elphicke (Dover) (Con)]

I rise in support of amendment 150 in the name of my hon. Friend the Member for Stone (Sir William Cash), to which I am a signatory. Before I turn to that, I welcome Government amendments 60 to 63 and pay tribute to the Border Force, coastguard, RNLI and search and rescue organisations operating in Dover and Deal and across east Kent who, day after day, month after month and year after year put their lives on the line to save those at peril on the sea.

It is an uncomfortable truth but a truth all the same—and one on which the hon. Member for Westmorland and Lonsdale (Tim Farron) is wrong—that every person put in peril by the people smugglers is already safe on land in France and in many other countries before France. When we remember the 27 people who recently died, as well as the many other lives lost, we must be united in this place to do whatever it takes to stop more lives being lost in the English channel.

The second uncomfortable truth is that, whatever Opposition Members way wish to say, there are safe and legal routes to come to this country. The Bill shows compassion to those most in need of assistance and prioritises them over people who choose unsafe and illegal routes of entry. Clauses 29 to 37 make it clear that refuge will always be available to people persecuted by reason of their religious, political or other beliefs, their race, their ethnicity or their sexuality. It is right to prioritise protection of those most in need of it.

The third uncomfortable truth is that it is possible to have help for those people in greatest need and to have strong borders. It is possible to have help for those who need it and to ensure that our country has strong and secure protection. It is vital that that is supported in the Bill.

Finally, I turn to the refugee convention, which is now 80 years old and out of date. With some 80 million displaced across the globe, we need a new global compact —a COP26 for the migrant crisis—to ensure that we finally work together globally to put an end to the migrant crisis and the small boat crossing routes that are leading to lost lives in the English channel.

Nationality and Borders Bill

Tim Farron Excerpts

Consideration of Lords amendments
Tuesday 22nd March 2022 Commons Chamber

[Tom Pursglove]

We have many resettlement routes whereby people can come to this country. I have said this several times in the House, and it bears repeating now, that people getting in small boats to come to the United Kingdom are coming from perfectly safe countries at great risk, and they are lining the pockets of evil criminal gangs, which funds wider criminality, when there are fully functional and appropriate asylum systems, where people can gain help and support, that they are leaving to make those perilous journeys. It is also important to point out—I recognise that the hon. Gentleman is a particularly keen advocate of the European Union and wishes we were a member of it—that it is a fundamental feature of the common European asylum system that people should claim asylum in the first safe country they reach. Without any enforcement of that, we simply encourage criminal smugglers to continue to exploit vulnerable migrants and leave flows of migrants across Europe, which culminate in the dangerous channel crossings. The Bill’s inadmissibility measures are an essential part of our approach to enforcing the safe first country principle, and for that reason we cannot agree to the amendment.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Will the Minister give way?

[Tom Pursglove]

I am conscious that I need to make some progress, so I will continue for now. I have been quite generous, and I will see how I get on in the next few minutes.

Amendments 9, 52 and 53 would delete from the Bill provisions that would make it easier to remove an individual from the UK while their asylum claim is pending. We have said repeatedly that while people are dying making dangerous and unnecessary journeys to the UK, we must consider every option to discourage people from funding criminal gangs and putting their lives at risk by crossing the channel. That includes the option of processing of asylum claims overseas. We must ensure we have the flexibility to do everything we can to disincentivise people from putting themselves and others at risk and lining the pockets of people smugglers. That is the clear rationale for this policy. I want to make it absolutely clear again that unaccompanied asylum-seeking children will not have their claims processed overseas.

--- Later in debate ---

[Tom Pursglove]

I have given way to my hon. Friend already and I am keen to make some progress, because I am conscious that a lot of Members want to speak.

The community sponsorship scheme enables local community groups to welcome refugees to the UK and provide housing and support. In the year ending December 2021, there were 144 refugees resettled through that scheme.

The mandate resettlement scheme was launched in 1995. That global scheme resettles refugees with a close family member in the UK who is willing to accommodate them. Since published statistics began in 2008, there have been 435 refugees resettled through that route, as of September 2021.

Refugee family reunion allows a spouse or partner and children under 18 of those granted protection in the UK to join them here, if they formed part of the family unit before the sponsor fled the country. There is discretion to grant leave outside of the immigration rules for extended family members in exceptional circumstances. We have granted over 40,000 refugee family reunion visas since 2015, of which more than half were granted to children. In 2021, there were 6,134 family reunion visas issued, which was an increase of 28% on the previous year. Again, more than half were issued to children.

In August 2021, we announced the Afghan citizens resettlement scheme, one of the most generous schemes in our country’s history. That scheme will give up to 20,000 people at risk a new life in the UK, including women and girls, members of ethnic or religious minorities and people who are LGBT+.

In addition, under the Afghan relocations and assistance policy, current or former locally employed staff who are assessed to be under serious threat to life are offered priority relocation to the UK. Through that route, we have relocated more than 7,000 locally employed staff and their family members since April 2021, in addition to 1,400 former staff and families who were relocated under the previous ex gratia scheme for Afghan interpreters.

The Ukraine family scheme, which was launched on 4 March, allows British nationals and people settled in the UK to bring family members to the UK. That covers immediate family members as well as parents, grandparents, children over 18 and siblings, aunts, uncles, nephews, nieces, cousins and in-laws. Individuals will be granted leave for three years and will be able to work and access public services and benefits. As of 20 March, 61,100 applications had been started, 31,500 had been submitted and 10,200 visas had been issued.

The Homes for Ukraine scheme, which was launched on 14 March, will allow individuals, charities, community groups and businesses in the UK to bring Ukrainians to safety, including those with no family ties to the UK. There will be no limit on arrivals and, again, those who come here will have access to public services and benefits.

[Tim Farron (Westmorland and Lonsdale) (LD)]

May I clarify a point on the two-tier system to which the Minister is asking the House to agree? If a Ukrainian who has relatives in the UK comes here, we will accept them. If a refugee from Ukraine comes here on a sponsorship scheme, we will accept them. What if somebody from Ukraine just turns up? Will they be removed to a safe country that they have come from? Will they be removed to a third country that they can apply from? What will we do for those Ukrainians who flee from the murderous despot Putin and come here by an irregular route? Do they have to come on an inflatable?

[Tom Pursglove]

Let me be very clear: there is absolutely no reason why any Ukrainian should pay an evil people smuggler to come to be safe in the United Kingdom. I have set out the detail of our two generous schemes, which are uncapped and wide in capturing people’s many and varied circumstances. I would not want anybody—this applies to any group—to put their life in the hands of evil criminal gangs who have only one regard, which is to turn a profit, putting those individuals in great danger. We have had many debates about the nature and construction of the Ukrainian scheme and I am confident that there is no reason why people should resort to that means of travelling to the United Kingdom. Nobody should encourage Ukrainians, or anybody else for that matter, to make those perilous journeys.

--- Later in debate ---

[Tom Pursglove]

I do not accept the hon. Member’s characterisation of those remarks for a minute. My primary concern is twofold: to ensure that staff, for example, in British missions are safe and not put at risk; and to ensure that individuals turning up at British missions are also not put at undue risk, considering the sorts of circumstances that we are talking about in such debates and the lengths to which some countries will go to persecute individuals when genocide is relevant. Our approach is better: to develop bespoke schemes as circumstances arise with similar accessibility to the schemes that I described. We would argue that that is the right approach.

I do not understand the rationale behind Lords amendments 13 to 19. They would delete the new offence of knowingly arriving in the UK without a valid entry clearance, and that could make it impossible to take enforcement action against someone who has arrived in, but not technically “entered”, the UK without clearance. That would compromise our plans to enhance the security of our borders, so we cannot accept those amendments.

Similarly, I cannot say that I understand the rationale behind Lords amendment 20, which would compromise our plans to enhance our ability to prosecute people smugglers. It would do that by preserving the status quo in legislation, which means that prosecutors have to prove that people smugglers are acting for gain. Time and again, however, that requirement has been found to have significant operational limitations. We need to remove it to ensure that the lives of vulnerable people are not put at risk by the actions of people smugglers and that traffickers are brought to justice for the misery that they inflict.

[Tim Farron]

Will the Minister give way?

[Tom Pursglove]

I have already taken one intervention from the hon. Gentleman and I want to conclude my speech quickly.

Lords amendment 54 would mean that powers set out in the part of the Bill to which it applies

“must not be used in a manner or in circumstances that could endanger life at sea.”

I take this opportunity to again place on record my admiration for the incredibly brave individuals who engage in rescue work. I also want to make it absolutely clear that our priority is always to save and preserve lives. We are proud of our heritage as a great seafaring nation and will always lead the way globally in complying with our relevant domestic and international obligations, including those under the UN convention on the law of the sea. We do not think it necessary to put those commitments in the Bill and we therefore do not support the amendment.

I wish to speak in favour of Government amendments 2 and 3, together with amendments 42 to 51. The amendments will resolve the lawful residence issue for individuals with indefinite leave to remain under the EU settlement scheme who wish to naturalise, but have not previously held comprehensive sickness insurance.

The problem is that those who wish to become British citizens based on a period of residence in the UK need to have been in the UK lawfully—for five years, for most people—before making their application. Unfortunately, a number of European economic area nationals or their family members do not currently meet that requirement because they did not hold comprehensive sickness insurance, which was a legal requirement for those who were in the UK as students or as self-sufficient persons. They could still be granted indefinite leave to remain, also known as settled status, under the EU settlement scheme, which did not have a lawful residence requirement, but they would not technically meet the requirements for citizenship.

--- Later in debate ---

This is straightforward— the people smugglers’ message is plain: “If we get you here and you pay the money to achieve that purpose, you will never leave.” The truth is that even once claims have been processed and around 40% have been found not to be valid, people rarely leave because of a combination of irresponsible activists, fat-cat lawyers and the Human Rights Act, which needs to be ditched as soon as possible. Let us reform the asylum system by backing this Bill and rejecting these amendments once and for all.

[Tim Farron]

I think this is the worst bit of legislation that I have seen in 17 years—and there is some competition. Fundamentally, it is the worst bit of legislation because it is based on an utterly bogus premise, which is that we are swamped by asylum seekers. We are not. Compared with with the 27 members of the European Union, the UK is 18th when it comes to the number of asylum claims that are granted. For many reasons that we know all about, last year was a heavy year. There were 48,000 asylum cases in the UK, 96,000 in France, and 127,000 in Germany. That is a reminder that our problem is an entirely structural one—incompetence in the Home Office—not that we are “swamped”.

Lords amendment 7 is about the right to work. Why are we not granting asylum seekers the right to work? It is right for integration, learning the language, and the dignity of those people being able to support their family and to pay their way. There is a left-wing and a right-wing argument for saying yes to this; it is barmy to say no.

Lords amendment 6 is about having two tiers. This is the most appalling and repugnant part of the entire Bill. I assume that the Government have confidence in our asylum system, in which case we judge people on the merits of their asylum claim through the system, not through the utterly bogus, completely contrived and arbitrary notion of the means by which they got here. Let us remember that 89% of Iranian asylum seekers have their claims granted, 97% of Eritreans, and 96% of Sudanese, none of whom have a legal route. The only way that they can get here is by making dangerous journeys. Let us be very clear: this Bill is a traffickers’ charter. If Members vote for this Bill, they are voting for deaths in the channel, because they will be removing the right of anyone who is not Ukrainian, Afghan or Syrian to have a safe route here, which is an outrage. Conservative Members know that that is the truth. Then there is offshoring. We have the guarantee that it is not the Ascension Islands, so where is it? South Georgia? People from all parts of the House have already mentioned that offshoring is ridiculous. It is a pantomime bit of nonsense, and it is also inhumane and massively expensive.

People talk about the pull factor, for pity’s sake. Have the Government not worked out that there is no dastardly, lunatic policy they could introduce to protect this country from asylum seekers that rivals the fact that we are a flipping island surrounded by water. People come here not because of the pull factor, but because of the push factor—because of the outrages that they experience. The people here have no sense of what it is like themselves. This is the sort of nonsense that people invent to try to push through the worst piece of legislation that I have seen in 17 years.

I want to spend a moment talking about Ukraine and our offer to the refugees fleeing that appalling and murderous tyrant, Putin. There is a lot to commend in the fact that there is some kind of a scheme now, but let us remember that it is laden with admin bureaucracy. I was talking to a Kendal friend of mine who is Ukrainian by birth. Their friends have seven-month-old twins who do not have passports, so the online application is not open to them. They have to get themselves to the embassy in Warsaw, as that is the only way that they can get here. We are throwing up barrier after barrier after barrier.

Why do people want to come here? Why do they not stay in the first place they reach? There are loads of reasons—cultural ties, the Commonwealth, language. There is also the fact that we have a reputation, a glorious reputation; people want to come to the United Kingdom because they know that it is a place of tolerance and of liberty. It is a place where there is religious tolerance, where they can earn a living, and where they can raise a family in safety.

The simple fact is this: even this despicable Bill will not undermine Britain’s centuries-old reputation as a place of sanctuary. Whatever this Government do, they cannot sully our reputation much, because this country’s reputation and history are glorious and so is its future, despite this puny little Government.

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

It is always a pleasure to follow the hon. Member for Westmorland and Lonsdale (Tim Farron), even though, as is sadly often the case, he ruined some respectable points with absurd hyperbole. This Bill is not the living embodiment of meanness. It is actually a reasonable and proper attempt to try to deal with a system that has evolved to become very complex. It now has distinctions that are out of date because of our departure from the EU. Having worked with my right hon. Friend the Home Secretary on aspects of this Bill, I can say that it is in direct fulfilment of our manifesto commitment. There is no doubt in my mind about its importance and about the need for it to be passed.

There is, however, reasonable question to ask about the position of asylum seekers being able to undertake work after six months. I have long regarded as unnecessary the waste of not just lives but expenditure when asylum seekers have to stay in a state of limbo, often for years, before knowing whether their claim is to be accepted. It is unnecessary because people who are in this position have a contribution to make to our society. That is not particularly controversial or a view confined to political parties. It is supported by a broad coalition of people of all colours and none. Indeed, a YouGov poll showed that 81% of people who were asked agreed with the principle of allowing asylum seekers the right to work. As we reset the system through this Bill, we have an opportunity to do something that has the merit of being both practical and right. We are conferring the right to work on our friends from Ukraine who are arriving in our country after fleeing war and persecution, so why not do the same for others who are and fleeing persecution and seeking asylum?

After the Government did whatever it took to save millions of jobs during the covid pandemic, we now face a significant undersupply of workers. Allowing access to gainful economic activity for some asylum seekers achieves several things. It helps in some measure to answer that question about labour shortage. It will bring in revenue to the Exchequer—the right hon. Member for Hayes and Harlington (John McDonnell) mentioned a figure of £200 million, and the potential revenue is certainly in the hundreds of millions. When we put on the other side of the balance the fact that asylum accommodation costs £350 million a year, we can start to see why the numbers add up.

In my constituency, working with The Harbour Project in Swindon, which helps people in my dispersal centre to deal with the effects of the wait for resolution, I have seen for myself the effects on their mental health of having nothing to do. Even volunteering is different.