Nationality and Borders Bill: LGBTQ+ People

Tom Pursglove Excerpts

Wednesday 2nd February 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

It is a pleasure to serve under your chairmanship, Mr Sharma. I begin by thanking the hon. Member for Sheffield, Hallam (Olivia Blake) for securing this debate on what is undoubtedly an extremely important topic.

I want to say at the outset that many of the reforms in the Nationality and Borders Bill are being introduced against the backdrop of these terrible crossings of the English channel. People are putting their lives in the hands of evil criminal smuggling gangs. They are putting themselves at great risk. These groups treat people as cargo, with no regard whatsoever for human life. I make no apology for feeling very strongly—

[Nadia Whittome]

Will the Minister give way?

[Tom Pursglove]

I am very conscious that we have a lot to get through; a lot of points have been raised in the debate, so I will make some progress. I am very mindful of the need to stop those crossings. That is front and centre of the policy that we are delivering through this Bill. Nobody needs to get into a small boat in order to reach safety. I am also concerned when we debate these issues that I hear a lot of criticism of policy, but I do not hear much by way of a credible alternative.

We have had an extensive debate this afternoon on these matters, and that has also been the case throughout the Bill’s passage through both the House of Commons and the House of Lords, where these clauses were debated yesterday. I acknowledge this House’s interest in the issue. As well as the Nationality and Borders Bill, there is a lot of work that is going on internationally to address those issues and to advocate the values we hold in this country and believe others around the world should adopt. A global envoy is dealing with this. My right hon. Friend the Member for Cannock Chase (Amanda Milling) also has responsibility within the Foreign Office for advancing that agenda.

Several points have been raised in the course of the debate and I would like to deal with each of them in turn. First, on differentiation, currently all those who seek our protection are treated in the same way, regardless of factors such as whether they came directly to the UK or have been illegally present in the UK for a long period before claiming asylum. We will change that by introducing a new form of temporary refugee permission to stay, meant for people who meet the requirements of refugee status in the UK but who may not have come directly to the UK or who have not claimed asylum without delay once here. Decision makers who are considering granting someone temporary refugee protection status will work on a case-by-case basis, taking properly into account all of the relevant factors. That may include taking into account that the delay in claiming asylum may have been as a result of the claimant being fearful of presenting to the authorities as a LGBT+ person.

The Government very strongly believe, and would argue, that all the measures that we are advancing are compliant with our international obligations. With regard to accommodation, centres will build on current capacity while ensuring that individuals have simple, safe and secure accommodation while their claims and removals are being processed. One of the things that I want to see happen—and I am determined to see it happen—is that cases are considered more quickly, that we make sure that those who require our sanctuary are helped and supported as quickly as possible and get that sanctuary, and that those with no right to be here are removed as quickly as possible. To me, that is the safe, decent and humane thing to do.

I would like to clarify that individuals will also have opportunities to disclose the information and supporting evidence as to why they should not be housed in accommodation centres, which could include reasons linked to their sexuality. I should make the point that the accommodation centres are not detention; people are free to come and go as they please. In any event, we do not detain people indefinitely, and various safeguards are built into the arrangements and set-up to ensure that that is the case. Again, I would expect appropriate consideration of all relevant factors when deciding what accommodation is appropriate for any given individual. If people have particular needs, it is right that they are accommodated within the community.

[Stuart C. McDonald]

Will the Minister give way?

[Tom Pursglove]

I am afraid I have got a lot to get through.

A lot of points have been raised, and I want to deal with one that was made by the hon. Member for Glasgow North East (Anne McLaughlin). Knowing colleagues as I do, I think it is fair to say that nobody would walk around anywhere on a visit in silence, and I am pleased to say that everybody on the visit tomorrow will have the opportunity to speak to those at Napier. That is exactly the same arrangement as when I visited Napier a few weeks ago, and I welcome the opportunity for Members to speak to people there.

On safe third country removals, our intention is to reduce the draw of the UK by removing protection claimants to a safe country if they have a connection to a safe country where they could and should have claimed asylum. We will also make it easier to move asylum seekers from the UK to a safe country while their asylum claim is pending. A safe country is one where there is no real risk of persecution or harm to individuals sent there, and which will not send individuals to a country where they could be persecuted. Any vulnerabilities will be taken into consideration, and any representations from the claimant will be considered ahead of any removal to a safe third country. Again, this could include matters that are linked to an individual’s sexuality. Of course, we will only ever work with countries that are compliant with the refugee convention and any obligations under relevant human rights law. I should add that we do not return people if to do so would put them in danger, and the Home Secretary also has discretion to provide sanctuary to individuals if there is a risk to their lives.

On the one-stop process, late evidence and damage to credibility, the Bill will introduce a new and expanded one-stop process to ensure that asylum, human rights claims and any other protection matters are considered at the earliest opportunity. Where evidence is provided late without good reason, that should be taken into account by the decision maker as damaging to a claimant’s credibility; but where there is good reason, there will be no damage. I should add that this is not a new concept: it has underpinned existing immigration legislation under not just this Government, but previous Governments.

I am conscious of the time and that the hon. Member for Sheffield, Hallam will want to sum up, so I will wrap up my remarks. I will very gladly comment on the outstanding matters that I have not been able to reach in the short time we have had available, and I will place that in the Library so that Members can see my remarks.