Illegal Migration Act: Northern Ireland

Debate between Tom Pursglove and Gavin Robinson

Tuesday 14th May 2024 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

(Urgent Question): To ask the Secretary of State for Home Department if he will make a statement on the High Court judgment in Belfast of 13 May 2024 disapplying the Illegal Migration Act 2023 in Northern Ireland.

[The Minister for Legal Migration and the Border (Tom Pursglove)]

Let me start by expressing the Government’s disappointment at this judgment. We continue to believe that our policy is lawful, that our approach is compatible with international law and, specifically, that the Illegal Migration Act proposals are compatible with article 2 of the Windsor framework. The Government will take steps to defend their position, including through an appeal. We have consistently made it clear that the rights commitments in the Belfast/Good Friday agreement should be interpreted as they were always intended and not expanded to cover issues such as illegal migration.

This judgment changes nothing about our operational plans to send illegal migrants to Rwanda this July or the lawfulness of our Safety of Rwanda (Asylum and Immigration) Act 2024. We continue to work to get regular flights off to Rwanda in the coming weeks, and nothing will distract us from that or from delivering to the timetable I have set out. We must start the flights to stop the boats.

The Government have consistently applied immigration law on a UK-wide basis. It is important to remember that those who have been served a notice for removal to Rwanda are being considered under the Nationality and Borders Act 2022 and the Safety of Rwanda Act. This judgment relates to the Illegal Migration Act and so does not impact our operations or planning for Rwanda.

Preparations to begin flights within weeks are continuing at pace. As the Prime Minister made clear, “nothing will distract us” from the job of implementing the Rwanda policy. We must start the flights to stop the boats. That is the fair thing to do, it is the right thing to do for our country and it is the humane thing to do. Our conviction that the Rwanda scheme is lawful and necessary is unchanged. We are acting in the national interest and we will not be deterred.

[Gavin Robinson]

I am grateful for that response, and I thank the Minister of State in the Northern Ireland Office and the Secretary of State for Northern Ireland for being present today. But we need not be here, as the issues elucidated yesterday by the High Court in Belfast were fairly and thoroughly explored in this House, and in the other place, during the passage of both the Illegal Migration Act and the Safety of Rwanda Act. When my colleagues and I raised these concerns here in Parliament, we were told by the Government that we were wrong, yet the High Court in Belfast said yesterday that we were right. The only difference between the encroachment on the application of our sovereign immigration policy in Northern Ireland, as of the rest of the United Kingdom, by the Illegal Migration Act is that a case was advanced on the basis of that Act, yet a case on the Safety of Rwanda Act has not yet been considered. However, the Government will know that the rationale outlined yesterday by the High Court for the Illegal Migration Act will similarly apply to the Safety of Rwanda Act as well.

It need not be so. Although the Government chose to dismiss the concerns we outlined in this House, and that our colleagues outlined in the other place, they had an opportunity to put this issue beyond doubt. I tabled an amendment to new clause 3, along with my colleagues, giving the Government the opportunity to put the issue to bed, in order to maintain the integrity of this country’s sovereign immigration policy and the integrity and protection of our borders, but they chose not to do so. I am grateful that the Minister has indicated his willingness to appeal, but when they had the opportunity to put the issue beyond doubt, why did they not do that? Do they recognise that in not doing so they have significantly impaired the uniformity of the UK’s immigration policy?

In 1922, long before the EU was envisaged, and long before the UK joined and then departed, the islands of Great Britain and Ireland had an integrity in immigration policy: the common travel area applied. What steps are the Government taking to get a British Isles solution to immigration, outside the control of the EU and outside, as it is, the Schengen area? Finally, what steps will the Minister and his Government take to assert Parliament’s sovereign will to protect the borders of the United Kingdom?

[Tom Pursglove]

I am very grateful to the right hon. Gentleman for his constructive tone as he eloquently makes his case. I note the narrative that he has advanced. The Government are considering judgment very carefully, as you would expect, Mr Speaker, and we are taking legal advice. I can reconfirm, as the Prime Minister said yesterday, that the Government intend to appeal the judgment.

We have consistently made it clear that the rights commitments in the Belfast/Good Friday agreement should be interpreted as they were always intended, and not expanded to cover reserved issues, such as illegal migration. We are equally clear that immigration is a reserved matter that has always been applied uniformly across the UK. We do not accept that the Good Friday agreement should be read so creatively as to extend to matters such as tackling illegal migration, which is a UK-wide issue and not in any way related to the original intention of the Good Friday agreement.

On the specific point about the common travel area, all immigration legislation provides a UK-wide framework for legal and illegal migration. We continue to have a constructive working relationship with the Irish Government when it comes to ensuring that abuse of the common travel area is robustly and appropriately tackled. On the specific point about asserting Parliament’s sovereign will around these matters, I would argue that the recent Safety of Rwanda Act clearly asserts Parliament’s sovereign will. While the latest judgment relates to the IMA, we are committed to appealing it.

British Citizenship (Northern Ireland) Bill

Debate between Tom Pursglove and Gavin Robinson

Committee stage
Wednesday 17th April 2024 Public Bill Committees

[Tom Pursglove]

I am not sure I could have put it better than my right hon. Friend. I find it very difficult to say no to the right hon. Member for Belfast East. He goes about his business in this House impeccably— always with good humour, always in an incredibly polite way, but also very persuasively. I think that that is as relevant to the question about fee setting as it has been to the Bill itself and the substantive change that we are bringing about. With that, I again thank right hon. and hon. Members across the House for their support for these measures and I wish the Bill a speedy passage through the remainder of its stages in this House and in the other place.

[Gavin Robinson]

It is not often that we get to speak having heard such obituaries, but to be able to do so is a great opportunity, because most people do not get to reflect on obituaries offered. I thank everyone so much for all the contributions that have been made. I greatly appreciate it. The Minister and I entered this place at the same time—I think I have a couple of years on him, and a few more grey follicles, but it is not much in age terms. This has been a very encouraging process. It shows, despite the differences that we sometimes have on the Floor of the House, in Committee sittings and so on, just how productively parliamentarians can work together when there is positive and common cause. That is not something seen very regularly in the public sphere, but I think this process encapsulates the best of what we can do.

The process of arranging a Public Bill Committee has been interesting as well. A couple of colleagues across the Committee Room here today are fellow travellers in the private Member’s Bill process. We are supporting one another, and I am very grateful for their being here.

I want to mention a number of others, including the former Secretary of State for Northern Ireland, the right hon. Member for North West Cambridgeshire. He has been a long traveller on Northern Ireland issues and has taken a keen interest in them. There is also my friend, the right hon. Member for Rayleigh and Wickford. Spartan-like, he stands up and speaks positively to this Bill.

It is hugely encouraging to have my constituency neighbour, the hon. Member for Belfast South, with us today. She is somebody who approaches constitutional politics from the opposite side from me, but we have never been opposites in a personal sense. We have always worked well for the collective good in Belfast, so I am really encouraged that she is with us today and that she is giving her support for something that I think is open and not coercive in any way; it is open for anyone to avail themselves of it should it pass.

To the shadow Minister, the hon. Member for Putney, I will make two points. I am delighted that she is here —that is not one of the points. A word to the wise: 322 was the number that I used on each of the nine occasions, so although it came up on the ninth occasion, that is not to say that it is in any way more lucky than another. I have recognised through the process of this Bill that fees will come separately, as part of a fees order. I agree entirely with the thrust of the comments that the shadow Minister has made, and I appreciate the way in which the Minister has engaged on that issue as well. He recognises the position I have adopted; I do not believe there should be a fee over and above passport fees.

There is an administrative argument as to what else should be additionally placed upon that, but I am quite comfortable with the Northern Irish Affairs Committee report and its comments and recommendations to Government. It is helpful and instructive for officials for the Opposition spokespeople to indicate their support, but I know that the Minister has never been difficult in this, and has always engaged very helpfully on it. It does not form part of this Bill, Mrs Harris, and therefore it is probably in order for you to rule me out of order for referring to it in any great detail.

I give huge thanks to all hon. and right hon. colleagues who have turned up this morning for the thoughtful way in they have engaged with this Bill, and I thank you for your chairmanship, Mrs Harris. The Clerks are often left out of the thanks, so I thank the Clerk to your immediate left. She has been hugely helpful over the last number of months, despite tenacity bordering on some sort of possessive contact about what was happening next. I also thank the officials from the Home Office, who similarly have had to bear my contact and questions. They have been hugely gracious and helpful.

Amendment 1 agreed to.

Amendments made: 2, in clause 1, page 1, line 6, leave out from beginning to “is” and insert “An Irish citizen”.

This amendment means that Irish citizens who fulfil the requirements in subsection (2) of new section 4AA (changed by Amendments 3 and 4) are entitled to be registered as British citizens under new section 4AA, rather than just persons born in Ireland after 31 December 1948 who fulfil those requirements.

Amendment 3, in clause 1, page 1, line 12, leave out “Northern Ireland” and insert “the United Kingdom”.

This amendment and Amendment 4 change the residence requirements for the new route to British citizenship in the new section 4AA, so that the requirement is that the person has lived in the United Kingdom for the five years before their application, rather than in Northern Ireland.

Amendment 4, in clause 1, page 1, line 14, leave out “Northern Ireland” and insert “the United Kingdom”.

See explanatory statement to Amendment 3.

Amendment 5, in clause 1, page 2, line 13, leave out “persons born in Ireland” and insert “Irish citizens”.—(Gavin Robinson.)

This amendment is consequential on Amendment 1.

Clause 1, as amended, ordered to stand part of the Bill.

Clause 2

Extent, commencement and short title

Amendment made: 6, in clause 2, page 2, line 21, leave out “Citizenship (Northern Ireland)” and insert “Nationality (Irish Citizens)”.—(Gavin Robinson.)

This amendment changes the short title of the bill, to reflect the change made by Amendment 2.

Clause 2, as amended, ordered to stand part of the Bill.

Amendment made: 7, in the title, line 1, leave out from “provision” to end of line 2 and insert

“for Irish citizens who have been resident in the United Kingdom for five years to be entitled to British citizenship;”.—(Gavin Robinson.)

This amendment changes the long title of the bill to reflect the changes made by Amendments 2, 3 and 4. The Committee has the power to consider these amendments, and the consequential changes to the long title, by virtue of the Instruction given to it by the House of Commons on 5 March 2024.

Bill, as amended, to be reported.