Illegal Migration Bill

Tom Hunt Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Stephen Kinnock]

It may have escaped the hon. Gentleman’s notice that when the botched Brexit negotiations took place we left the Dublin convention, which is crucial for returns. We have to find a deal that replaces it. That is about protecting our borders, because it is about returning people when their asylum claims are not successful.

A strategy for securing Britain’s borders must begin with a clear and honest recognition that we cannot solve these problems unilaterally. This is a collective international issue that requires a collective international solution, so closer co-operation with our nearest friends and neighbours must be our starting point and our No. 1 priority. That means urgent action, which will be taken forward from day 1 of a Labour Government, to negotiate a returns agreement with the EU to replace our previous participation in the Dublin system.

That is just the start, however. We also need to restore access for our law enforcement agencies to the treasure trove of information—from biometrics to travel history—that Eurodac and other databases provide in support of efforts to ensure that the removal of asylum seekers from the UK to safe EU countries is possible.

[Tom Hunt (Ipswich) (Con)]

Out of interest, the Labour party talks about safe and legal routes, so does it support a cap on the numbers coming through those routes? If so, how would it prioritise refugees, bearing in mind that there are hundreds of millions of people across the world who would like to move here and could conceivably get refugee status?

[Stephen Kinnock]

Yes, we do support a capped scheme for safe and legal routes, and it has to be based on prioritisation according to, for example, high grant rate countries and family reunions.

The hon. Gentleman’s intervention is all very well, but the reality is that those on the Government Benches have completely burned every relationship with our partners and allies across continental Europe and, as a result, we have left the Dublin convention. There is a direct connection between the massive surge in numbers coming on small boats and the Government’s botched Brexit negotiations.

Solving these problems also means establishing formal working arrangements to put the UK at the heart of international efforts to crack down on our real enemies here, the people smugglers, by relentlessly hunting them down and ensuring that they are brought to justice. The Labour party has set out a more targeted approach than the Government are currently undertaking; we would recruit a cross-border specialist unit in the National Crime Agency to go after the criminal gangs upstream, working with French experts and Europol. Finally, it means working closely with our European friends and allies to develop new safe and authorised routes from EU countries to the UK for those who are most in need of our help.

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[Tim Farron]

Yes. There are arguments for stricter or less strict measures for dealing with migration and asylum, and it is important to discuss those, but it does not help when we have bogus nonsense figures being spouted, sometimes in this place. That just creates more heat and no light.

Let us deal with the charge that France is a safe place, that people should not be allowed to come here from there and they should just stay there. France could say that to Italy and Spain—

[Tom Hunt]

Will the hon. Gentleman give way?

[Tim Farron]

I will not give way again, sorry. I have taken loads of interventions and I am testing everyone’s patience; my speech is now 11 minutes in.

France could say the same to Italy or Spain, and then Italy or Spain could say, “Stay in the sea.” What we are seeing now is an attempt to undermine Britain’s part in the globe. We were told by some Conservative Members that we were leaving the European Union but not Europe, and that we would now be “global Britain.” Ignoring for a moment the moral obligations we have to people seeking sanctuary, let us remember what message it will send to our neighbours, friends and allies around Europe and elsewhere if we unilaterally decide that we are not going to play the game. This undermines our soft power and our sovereignty. This is why we support new clause 3, which deals with setting a target and gives a clear sense of Britain stepping up to the plate and being part of a global operation.

The Government talk about deterrence, but the Bill fails to understand the horrors that people have been through. People who have left Sudan or Eritrea often go through Libya, and I would ask Conservative Members to spend a moment to research what it is like for a refugee passing from the horn of Africa, for example, through to Libya and then crossing the Mediterranean. What are their experiences? We tell those people that it will be scary and that we are not going to treat them very nicely when they cross the channel, but that is nothing compared with their experience of crossing Libya. I ask Members to inform themselves about that in particular.

The Bill is clearly not aimed at tackling the criminal gangs. The simple fact is that the criminal gangs’ business model will remain alive and well. Why? Because people will arrive on these shores and then not claim asylum. They will go under the radar, which fuels modern slavery and criminality. More people will be exploited, especially women and girls. There is no question whatsoever that this Bill will do anything to tackle the business model of those gangs—it is clearly not intended to, which is another outrage. It is indeed a traffickers’ charter. It will therefore lead to more deaths in the channel. It is a recipe for uncontrollable borders, because there will be nobody applying for asylum. They will just slip under the radar. If the Government had done an impact assessment, they would know that. Maybe they did, but they have not shared it with us.

The simple fact is that we need safe and legal routes. People from Ukraine, Afghanistan, Syria or Hong Kong stand a chance, one way or another, of having a safe route to the United Kingdom. But if you are a young Christian man seeking to avoid being conscripted in Eritrea, a woman seeking sanctuary from Iran or a person from a religious minority in Sudan, you have no chance whatsoever of getting here. That is morally outrageous. We are turning our back on our long-held principles and obligations. That is why new clause 6 is so important and why, with your permission, Dame Eleanor, we will push it to a vote tonight.

New clause 6 would ringfence asylum seekers from those countries that already have an 80%-plus grant rate—places such as Sudan, Eritrea and Iran. It proposes a pilot scheme for 12 months—this is measured, small and not all that ambitious—just to give the Government an opportunity not to be duplicitous about this and to show that we are at least providing an experimental and evidence-based safe route. I urge the Government to accept the new clause; otherwise, we will seek to divide the House. New clause 4 talks about a humanitarian travel permit, and new clause 7 deals with refugee family reunion.

If the Government seriously want to make the case that the Bill is going to undermine the business case of the people traffickers, evil as they are, they will fail to do so unless they provide meaningful, tangible, credible safe and legal routes. Those routes do not currently exist, and these new clauses allow the Government the opportunity to create them. If they will not accept them, this will prove that they do not have a plan to stop the boats and that they are just getting into the gutter to grub for votes.

To be fair, I think the Government have misjudged those who seek sanctuary here. I have met many of them. I have been to Calais and other places, and I have had to interrogate why people would choose to come to the United Kingdom. The hon. Member for Devizes set out many of those reasons, but I have never discovered among those people any who have heard of the national health service or our benefit system. The lie that they are somehow coming over here to sponge off or threaten us is just that: it is simply untrue.

But those people have heard of something: they have heard of a Britain that is safe, where they can raise their children, where they can be who they are and have whatever faith they may be and whatever political views they may hold—a place where they can raise and feed their family in safety. I cannot imagine anything making me more proud than that being the reputation of this country. No amount of small-minded attempts to change the law by this “here today, gone tomorrow” Tory Government will dent that reputation. I think the Government have misjudged not only the asylum seekers, but Britain too.

Let me tell the House a story about my constituency, and then I will shut up. Let us be honest, the Lake District is not the most diverse part of the United Kingdom, yet in August 1945 half the children who survived the death camps, including Auschwitz, came to Windermere to be rehabilitated and to start their lives afresh, because that is who we really are. That is who Britain really is and we should be proud of that. Let us absolutely stop the boats, but let us do so in a way that makes sense and that is neither dozy nor dangerous.

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[Stella Creasy]

The Minister needs to be clear about how those people have been identified. There are people tonight in Tehran at direct risk of harm and needing our help. The challenge with this legislation is that it refuses to set out a safe and legal route, saying that it will be done in secondary guidance. None of us can therefore be confident enough to say to those people, “Hold up—wait for the queue and the bureaucracy. There is somewhere for you to go. Don’t worry, because help is coming.”

The Government must connect with international organisations and uphold the international rule of law. The honest truth is that the only way the world will be able to stand up to dictators and persecutors and against war is by collaborating. We have seen that in such a powerful way in Ukraine, yet we do not seem to be capable of learning the lessons by setting out schemes and being able to say to people, “Actually, there is a way forward, and we will all share the burden of standing up for these values.” That is what a sensible asylum policy would do, because it would be effective. We would cut off the boats at source by having proper, safe and legal routes for people so that they would not need to get on a boat to claim in the first place. Irregular routes are inevitable because of why people are running in the first place.

I also want to speak briefly to amendments 131 and 132—I pay testament to the Member who spoke to me previously about them—which are about our role in the European Court of Human Rights. I am sorry that the hon. Member for Devizes (Danny Kruger) is not here, because I was hoping he might want a chance to clarify his earlier remark, in which he genuinely tried to suggest that Winston Churchill opposed us being part of the European Court of Human Rights. As somebody who served on the Council of Europe and repeatedly saw pictures of Winston Churchill—

[Tom Hunt]

Will the hon. Lady give way?

[Stella Creasy]

I will, if the hon. Gentleman will let me finish my sentence; I am sure he wishes to hear what I have to say. I thought it was worth hearing from the man himself, because his argument for a European Court of Human Rights was that:

“In the centre of our movement”—

don’t tell anybody that he wanted a united Europe—

“stands the idea of a Charter of Human Rights, guarded by freedom and sustained by law.”

What Winston Churchill saw then, we still see now, which is overbearing Governments who do not respect the courts of law and do not want the scrutiny of law. These amendments speak to precisely that fear: that legislation in this country might be poorly drafted, burdensome or, indeed, oppressive. What we all want, and what we would find common cause with Winston Churchill on—that does not happen often—is the importance of keeping politicians honest by putting them up to the scrutiny of the courts. Now I will happily give way, to see how the hon. Gentleman feels he can be honest and whether he wants to support these amendments and take that point away.

[Tom Hunt]

I will attempt to answer on behalf of my colleague, the hon. Member for Devizes (Danny Kruger), who I spoke to earlier about this. One of his key points was that what the late Sir Winston Churchill signed up in 1950 did not involve rule 39 audits. The way in which the situation has evolved means that what we are dealing with today is totally different from the situation that faced this country in 1950, so to make that comparison is crude, and it is wrong. I am sure that when my hon. Friend comes back and makes a further intervention at some point, either today or tomorrow, he will powerfully deal with the critique that the hon. Member has just put in front of him.

[Stella Creasy]

I hope that the hon. Member for Devizes is at dinner, because after having made that speech, I am sure he needs something to eat. I simply say that that was not what Winston Churchill stood up for—as those of us who have served on the Council of Europe and read his speeches in detail know—let alone subsequent Conservative Governments. Those Governments were part of the development of the Council of Europe, where we did not just scrutinise the judges but helped appoint them and vote for them: we had a direct role in choosing them. That does not accord with what the hon. Gentleman was arguing, which was that this is out of kilter. Every single step of the way, the United Kingdom has been part and parcel of developing the European Court of Human Rights—and rightly so, frankly, because the libertarian in me speaks up for the Court. If given the temptation to be overbearing, without scrutiny and without the courts to keep them honest, Governments of all colours will do things that none of us think right.

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[Apsana Begum (Poplar and Limehouse) (Lab)]

I rise to speak against the Government clauses before the Committee today and in favour of several amendments that seek to limit their horror and inhumanity.

The changes made by clauses 37 to 48 to the legal and human rights of asylum seekers breach the UK’s human rights obligations. The proposed timescales and tests, combined with the lack of judicial oversight, build in unfairness and undermine access to justice. It is difficult to see how a vulnerable and traumatised person will be able to engage with the process, especially as the provisions do not set out any right to legal advice and representation.

That is one of the many reasons that I support new clause 26 in the name of my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), which would require an equality impact assessment about how people with protected characteristics under the Equality Act 2010 will be impacted by the Bill. Indeed, protections for vulnerable people, pregnant women and children are being tossed aside in favour of new powers to indefinitely detain people at greater risk of harm, including survivors of torture, trafficking and modern slavery.

The new and sweeping powers of arbitrary detention are nothing short of spine chilling. The Bill will increase the number of people detained, while removing the bulk of the essential safeguards that were put in place to protect people, adding to the inherent harm caused by indefinite detention. That is despite the UK’s immigration detention system being plagued by mismanagement, profiteering by private companies and incidents of systemic and direct abuse and neglect, including the scandals reported at Brook House immigration removal centre, the Manston short-term holding facility, Harmondsworth IRC and many others.

What is the purpose of this sweeping and illegitimate restriction of people’s liberties? What is the crime that such individuals have committed to be treated worse than serious criminals and to have fewer rights? Today, this Government propose to punish people for seeking asylum. Not satisfied with that, they seek to ensure that those people cannot challenge this injustice—all essentially to deter anyone else from coming to the UK to seek sanctuary. They are literally planning to persecute the already persecuted.

Denying access to asylum on such a basis undermines the very purpose for which the refugee convention was established. The convention explicitly recognises that refugees may be compelled to enter a country of asylum irregularly. The United Nations Refugee Agency has said:

“Most people fleeing war and persecution are simply unable to access the required passports and visas. There are no safe and ‘legal’ routes available to them.”

The reality is that the UK offers safety to far fewer refugees per capita than the average European country, such as France or Germany, and to far fewer than the countries neighbouring those from which 70% of the refugees from the global south flee. That is why I support new clause 10 tabled by my hon. Friend the Member for Sheffield, Hallam (Olivia Blake), which sets out a requirement to introduce a safe passage visa scheme. She has spoken eloquently about the stories behind the numbers and statistics—the people with real lives, hopes and dreams.

If the Government seriously wanted to protect the lives at risk from small boat crossings, they would back more generous family reunification rights and support safe, functioning routes. Instead, the Bill is the latest in a long line of measures that form their hostile environment and the toxic, racist and xenophobic narrative that is taking hold in many parts of the world, based on fear and the manipulation of that fear. It is immoral, deeply cruel and divisive. It breaks international law, it crushes human rights and it is shameful.

[Tom Hunt]

I have waited for a very long time to speak on the Bill. On Second Reading, I think I waited for four hours but did not get called. I have waited for a good amount of time today, too, but it has only made me more determined to get my points across.

I did not sign any of the amendments before the Committee, but I have sympathy with many of them, particularly amendment 131 in the name of my hon. Friend the Member for Devizes (Danny Kruger), amendment 132 in the name of my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke), and amendments 133 and 134 in the name of my hon. Friend and very senior colleague the hon. Member for Stone (Sir William Cash). Although it might surprise some people, I have a little bit of sympathy with amendments 72 to 75 in the name of my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), but I do not think that now—before we have sorted out the scourge of illegal immigration and its impact in this country—is the right time to pursue such amendments.

In a general sense, it will not surprise people to know that I welcome the Bill. We have 45,000 people a year entering the country illegally. They are mostly young men, as has been statistically proven; many are from safe-origin countries; and every single one of them has gone through France and multiple other safe European countries but has refused to claim asylum. They have decided to shop between different safe European countries, and they have come here. Being an economic migrant and moving to the UK because there are job opportunities here is a very noble dream, of course, but my advice to them is to engage with our legal migration points-based system, and we will make a determination as to whether their dream and our needs meet.

We are the party that believes in controlling our borders. We are the party that believes in strong border controls. Labour Members get incredibly sensitive whenever anybody suggests that they believe in open borders, but I simply say to them, “Show me the evidence. Show me the evidence that you believe in controlled immigration. Show me the evidence that you don’t believe in open borders. When I look at your record, every single thing you vote on is against precisely those things, so I don’t think it is unreasonable for me and colleagues to come to the conclusion that you are opposed to all border controls. As I say, show me the evidence.”

I turn to amendment 131. When the Rwanda policy was first introduced, a lot of us supported it because we saw what had happened in Australia. Australia had had a massive problem with illegal immigration, but it went down the route of offshore processing, and today it no longer has that massive problem. It is quite simple. A few Opposition Members are saying, “Australia did not work”, but we looked into this in detail and met Australian officials, and it did work. We think that going ahead with the Rwanda policy, if it were given a chance to work, would provide a significant deterrent. It would save lives at sea, and would enable us to operate the compassionate, controlled asylum system that virtually all of us in this place want.