Safety of Rwanda (Asylum and Immigration) Bill

Tom Hunt Excerpts

Committee of the whole House
Tuesday 16th January 2024 Commons Chamber

[Tom Hunt (Ipswich) (Con)]

It has been explained that the grounds for individual appeals are exceptionally narrow, so why are 150 judges needed?

[Michael Tomlinson]

As I said in response to a previous intervention, they are being stood up in relation to the Illegal Migration Act 2023, which was taken through by my right hon. and learned Friend the Member for Fareham and my right hon. Friend the Member for Newark, in anticipation of the work that will need to be done—that is sensible governance, dare I say it. My hon. Friend the Member for Ipswich (Tom Hunt) is right to take me back to individual claims, which I will now turn to in the few minutes I have left.

The legislation provides that a court may grant interim relief only where there is

“a real, imminent and foreseeable risk of serious and irreversible harm”.

There must be credible evidence of that; there cannot simply be a bare assertion. Clause 4(5) cites the Illegal Migration Act, which my right hon. Friends took through last summer. It is worth pointing out that section 39 of that Act sets out an extremely narrow range of circumstances in which an individual claim can be made. I encourage right hon. and hon. Members on both sides of the Committee to look at section 39 of that Act and just how high the threshold for serious and irreversible harm is set.

Let me turn briefly to new clause 6, which was tabled by Opposition Members. I was intrigued to hear the shadow Minister state that the purpose of the new clause is to invite further legal challenge. That seems to be Labour’s plan—to invite further legal challenge. That is the purpose of new clause 6, and it is the exact opposite of the purpose of Conservative Members. We want this to work.

Safety of Rwanda (Asylum and Immigration) Bill

Tom Hunt Excerpts

Committee of the whole House
Wednesday 17th January 2024 Commons Chamber

[Stephen Kinnock]

I thank my hon. Friend for his powerful intervention. It is difficult to determine the true purpose of the Bill these days, because it has become embroiled in various Tory internal wars, fights between factions and certain people’s leadership ambitions, but we know it will not stop the Tory small boats chaos. It is that chaos that has to be stopped. The people smuggler gangs are trading in human misery and must be stopped, but we need practical, sensible, pragmatic measures, rather than the headline-chasing gimmicks we have seen from this Government over the last years and months.

The irony of the announcement yesterday about the judges was that, by definition, it is an admission of failure, because it recognises that the Bill will fail to prevent the legal challenges and appeals that the judges will be working on. The Prime Minister’s announcement yesterday was further evidence of the profoundly troubling way in which the Government are prepared to disregard and disrespect our judiciary. I urge Members on all Benches to take careful note of what Sue Carr, the Lady Chief Justice, told the Justice Committee yesterday:

“I’m afraid that this headline draws matters of judicial responsibility into the political arena…matters of deployment of judges, the allocation of work for judges and the use of courtrooms is exclusively a matter for the judiciary and, more specifically, a matter for myself and the senior president of the tribunals. It’s really important that people understand that clear division.”

There speaks a true democrat.

[Tom Hunt (Ipswich) (Con)]

The shadow Minister knows that our view on the Government Benches is that the problem cannot be comprehensively tackled without a deterrent; I cannot think of any examples around the world where it has been tackled without a deterrent. The shadow Minister has spoken before about safe and legal routes, and I have asked him questions about whether the numbers using those routes should be capped or uncapped, so has he thought about what the cap level would be? What would be the number?

[Stephen Kinnock]

It is clear that in order to stop the Tory small boats chaos, we have to smash the criminal smuggler gangs. That will be done through enhanced co-operation with European partners and allies. The shadow Home Secretary and the Leader of the Opposition visited Europol recently. It is hugely important that we get better data sharing and co-operation with European authorities, such as Europol and Frontex, in order to be able to smash the criminal gangs upstream. As I will go on to say in my remarks, the more we jeopardise co-operation with our European partners and allies by threatening to leave the European conventions, the more difficult we make it to have that European co-operation and the more we undermine our own ability to deter the criminal smuggler gangs. If someone were looking for a definition of counterproductive legislation and policies, this would be the one they would go for.

--- Later in debate ---

[Nick Fletcher (Don Valley) (Con)]

It has been a very long debate. I have listened with intent to everybody who has spoken, and I admit to learning quite a lot today. Unfortunately, not everybody who has spoken is still here to listen to me, although I have listened to them, but that tends to happen quite a lot in this House. People speak for a very long time at the beginning and, unfortunately, they never get to listen to others.

It is mainly lawyers who have spoken. I often thought, before I became a Member of Parliament, that this place would be best if full of lawyers. That is what it should be about—we are making law—so maybe that is right. I was corrected by my right hon. Friend the Member for North East Somerset (Sir Jacob Rees-Mogg), though. I did not know I was going to speak with him today, but he told me, “It is wonderful that people like yourself, Nick, are here.” After listening to what I have heard today, and having listened to what I have heard with regards to the recent Post Office case, it seems to me that lawyers are just able to talk at this level continually, back and forth and back and forth. In the Post Office case, £60 million was apparently given to looking after the postmasters, and £40 million of it was spent on lawyers.

What I am trying to get at is that, for all of the talking that has happened, the people who put us here are still struggling like mad to understand why, when we put people on a plane, somebody from Strasbourg can say, “No, they don’t have to go,” and we all watch aghast that this is happening. They struggle to understand why, as was mentioned in The Telegraph last week, someone who had been caught and convicted for producing £500,000 of cannabis could not be deported because he could no longer speak his mother tongue. They cannot understand why we cannot deport an immigrant who has taken £8 million from organised crime and tried to smuggle it out of this country because of his human rights. Human rights are obviously extremely important, and anyone who mentions coming out of the ECHR automatically gets lambasted by many people on the Opposition Benches, but unfortunately, the people who put us here cannot understand why these things are happening.

Whatever happens, these judges that we are talking about, who we have supposedly elected, need to come to Doncaster and see what is happening there, as I said in my speech before Christmas. We should be able to have conversations like this without being heckled, and without being called out on Twitter every time we say this. That is because of the nastiness that comes from the left, which stops these conversations happening; it stops us being able to have decent conversations and debates.

I listened to my colleagues who were sitting on the back row and they speak a lot of sense—they really do—and I take it on board, but I have hon. Friends who sit with me who want to use these amendments to tighten up the Bill. When I hear about what we are trying to do I have to agree with them that it needs tightening up, because we cannot keep on putting people on a plane and then taking them back off again. We cannot keep on letting people come to this country and abuse the system, using taxpayers’ money to defend them while we are giving them board and lodgings in hotels next door to schools. We have got to stop this happening.

I support the amendments because I want to help the Government with their promise to stop the boats. If we stop the boats, we stop the tragedies that are happening out at sea. Five people died last week; we need to make sure that that does not happen again.

We need to stop the boats because we are put here by the taxpayers of this country—by my and our constituents —and we need to make sure that they are getting value for money for every pound that is taken in their tax. When we speak about human rights, we have to remember the rights of the British people who put us here. I will support these amendments because I have to do whatever I can to make sure that the people who put me here are treated fairly and their rights are considered above anybody else’s.

[Tom Hunt (Ipswich) (Con)]

It is a pleasure to contribute to this incredibly important debate. I was very happy to sign the amendments tabled by my right hon. Friend the Member for Newark (Robert Jenrick)—amendments 11 to 18 and 23 to 25. I was also happy to support his amendments and the amendment from my hon. Friend the Member for Stone (Sir William Cash) yesterday. I have concerns about the Bill as it stands. I want exactly the same thing as the Minister, which is for the boats to stop, and they will only stop if we have a deterrent. I have not seen an example across the world of this situation being properly dealt with without a deterrent, and it is critically important that we have one.

--- Later in debate ---

[Bob Seely (Isle of Wight) (Con)]

Will my hon. Friend give way?

[Tom Hunt]

I will not be giving way.

I will be supporting amendment 11 in relation to the Human Rights Act. I will also support the amendment of my right hon. Friend the Member for Newark on the ECHR. I remember vividly the situation in June 2022. I also remember the referendum we had in 2016, where the majority of people in this country voted to leave the European Union. They did so because they wanted the Parliament of this country to be fully sovereign; they did not want it to be frustrated by foreign organisations, whether the EU or the ECHR. The way in which that happened in June 2022, to a policy that has majority support from most of the people in this country, was devastating.

More generally, it is important that we respect the discussions on Second Reading, when the Prime Minister said that he wanted sound international legal arguments for amendments. That bar has been met, and my right hon. Friend the Member for Newark has explained how that is the case. Fundamentally, I have regretfully come to the conclusion as a Member of Parliament that we should leave the ECHR. My prediction is that, in time, we will. Many of the debates associated with the ECHR are similar to the debates around Brexit. Those who originally wanted to leave the EU were branded extremists and a minority. The same arguments were made, such as, “Let’s reform it from the inside.” We will try that again with the ECHR, and I think we will be unsuccessful.

It is the supranational nature of the ECHR that I am deeply uncomfortable with. We have already seen how that operates. Some Members have made the point that it is not a foreign court because we have ownership of it. People made the same argument about the European Union, and the MEPs going to Brussels. Ultimately, when it came to that decisive referendum, most people who voted on that question disagreed with that view and we rightly left the EU. It is not right and the issue of the ECHR opens up a serious democratic deficit, given that we left the EU. The principles for why we did are live in this debate today, and we must listen.

On the issue of illegal migration, like on the issue of net legal migration, we are playing with fire. The level of frustration felt by millions of people in the country is extreme, and the warnings are there from across of the world about what happens if mainstream parties do not deal with people’s legitimate concerns about mass migration. If the Conservative party does not responsibly and robustly deal with it and finally stop the boats, the warning signs are there for what might happen.

[Sir William Cash]

Just to take my hon. Friend’s point, with which I completely agree, even further, does he agree that the fact that often is not mentioned is that we are a small island with a huge population and an entire infrastructure created in the 19th century? For all these reasons we have that much more pressure on our social services, our infrastructure, our planning and so forth.

[Tom Hunt]

My hon. Friend is absolutely right. There are intolerable pressures being placed on this country through mass legal migration and illegal migration. It is right that more and more of my constituents are seeing the link between that issue and pressure on public services, strains on social cohesion and other things. Immigration at sustainable levels with integration is a force for good. Immigration at unsustainable levels without integration causes intolerable troubles for the people of this country. That is something they want to guard against.

[Sir John Hayes]

That view is held not just by my hon. Friend, by many in the House and by many in the country, but by many countries in Europe. Mass migration is now seen as an issue of salience by countries right across Europe and the wider world. He is far from alone: he is speaking for the people.

[Tom Hunt]

We have heard lots of arguments about the ECHR and about Winston Churchill forming it. That has been defeated time and again but continues to be wheeled out by Opposition Members. I do not agree. I do not think for a moment that if Winston Churchill was alive today, he would be comfortable with the way in which today’s ECHR operates and its supranational nature.

Ultimately, I applaud the Prime Minister’s desire to stop the boats, but it is not enough just to try, and it is not enough to be just 80% or 90% of the way there. We need to be 100% of the way there. We have seen previously that any chinks in the armour of any Bill designed to tackle this issue will be ruthlessly exploited. We share the Prime Minister’s desire and we want to work with him to get a Bill that we can all unite behind to stop the boats.

Immigration is not just an important issue. I honestly believe that it has become an existential issue. Ultimately, it is important that we unite behind the Bill, but it needs to work. The question is: do we think that the Bill will work or not? Do we think it can be strengthened? For all those reasons, I will vote for the amendments tabled by my right hon. Friend the Member for Newark with a certain degree of pride. I believe in the sovereignty of this country, I believe in listening to the people of this country, and I believe in narrowing the unhealthy disconnect there is between the views of the majority of people on immigration and where we are at the moment.

[Bob Seely]

I am sorry to have got to the debate a bit late. I will talk in general about some of the amendments; I am sympathetic to a lot of them. I always listen to my right hon. Friend the Member for Newark (Robert Jenrick), who is always eloquent on this subject and probably right in what he says, but I will explain why, despite my concerns about the ECHR, I will not support his amendments and the other amendments. That is because we are dealing with the art of the possible as well as the art of what is right and wrong.

I listened to my hon. Friend the Member for Ipswich (Tom Hunt) talk in apocalyptic terms, but he was right to say that there is a great deal of angst and concern. According to the recent poll, in my patch, like in his, more than 50% want people sent back without a right of appeal. I am therefore sympathetic towards that argument. I am also sympathetic to the concern of my right hon. Friend the Member for Newark that the system will not work. But we are dealing with the art of the possible, and when my hon. Friend the Member for Ipswich says that we need 100% certainty and not 80% or 90%, I get a bit concerned.

--- Later in debate ---

[Bob Seely]

I am so sorry, I thank the hon. Lady.

Option 2 is that some of the legal appeals work and some do not, but we begin to get the planes moving, sort of, this summer. That is a reasonable success, and we are heading in the right direction with other measures. Option 3 is that it does not work. We get some brownie points for trying, but it is a bad outcome. Option 4 is that we vote down the Bill today, there are no flights at all, the left is in clover and the liberal elites are smiling all the way to the next election. A hundred colleagues on the Government Benches will return, and there will be no one to challenge woke or large-scale illegal immigration whatsoever.

[Tom Hunt]

What will make the liberal elite the happiest will be to see the Bill strangled in the courts because of its weaknesses. What does my hon. Friend think about the amendments tabled by my right hon. Friend the Member for Newark (Robert Jenrick), who perhaps knows this issue better than anyone else?

[Bob Seely]

My hon. Friend makes a point about the happiness of the liberal elites, but he is giving a subjective opinion about what he thinks they would love. Actually, what they would love most of all is for the Bill to die tonight. We must get the Bill through to give us any form of chance. As I said, there are four options. Option 1: it works perfectly—it may not. Option 2: it is likely to work in part—we can live with that. Option 3: it fails—that is bad, but we are trying. Option 4: we kill the Bill tonight—we can all go and look for new jobs. That is what we are facing.

I want to see my hon. Friend and many others return, but we need to give people the best chance of delivering on the Bill. The best chance of that is to try to push the Government in a conservative direction—I give my hon. Friend that—but only as far as they can go. I am on the same side of the argument as my hon. Friend on this, but my difference is that I will give the Government the benefit of the doubt to get the Bill through Third Reading. We have to get the Bill through. Even if my hon. Friend does not vote against it but is willing to abstain, that will be an improvement.