Border Security, Asylum and Immigration Bill

Tony Vaughan Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Tony Vaughan (Folkestone and Hythe) (Lab)]

I draw attention to my entry in the Register of Members’ Financial Interests, and the support provided to my office by the Refugee, Asylum and Migration Policy project.

I commend those on the Government Front Bench for their work on the Bill, which will give law enforcement agencies the powers that my constituents in Folkestone and Hythe expect them to have to tackle the smuggling networks. It is a lamentable failure of government that the Conservative party prefers gimmicks to practical, workable solutions to take down those gangs. The only winners in this multimillion-pound industry, which burgeoned under the previous Government, are organised criminals who exploit the desperation of others and force many to work in criminal enterprises in the UK.

In my 18 years as a lawyer, I worked with many victims of modern slavery and saw how organised criminals use brutal, dehumanising tactics to destroy the will and dignity of their victims. Instead of addressing that complex issue, the Conservative party wasted £700 million on an expensive Rwanda gimmick and created a massive asylum backlog, all while stoking division and disregarding the rule of law. I am pleased to see this Government draw a line under that by taking a different approach and repealing the Safety of Rwanda (Asylum and Immigration) Act 2024 and most of the Illegal Migration Act 2023. I am pleased that their answer to these problems takes the common-sense approach of tackling organised crime with stronger law enforcement tools.

I wish to use my remaining time to make two points about something that the Bill leaves in and something that it leaves out. First, I thank the Minister for repealing the worst aspects of the Tories’ Illegal Migration Act when it comes to modern slavery, but do we really need to keep the uncommenced provision in section 29, which would block modern slavery protections on public order grounds, and could well undermine our efforts to combat trafficking?

Section 29 would deprive police of the vital intelligence needed to imprison traffickers, who intimidate victims into silence by convincing them that they will be harmed if they speak out. Victims need to trust that their coming forward will lead to protection, not punishment, but under section 29, anyone arriving in a small boat could be prosecuted for entering without a visa, and excluded from trafficking protections as a result. Victims are likely to think, “What’s the point in going to the police and making myself a target, when the police won’t protect me anyway?” That would support the traffickers’ business model and violate our international obligations. When the Bill reaches Committee, will the Government reconsider the need for section 29, together with section 63 of the Nationality and Borders Act 2022?

Secondly, the Bill tackles the criminal groups that drive small boat crossings, but it does not address the other dimension of the problem: the lack of avenues through which to seek asylum without making those dangerous crossings. The Home Secretary rightly said that the Bill is focused on the gangs, but pre-arrival processing is an important outstanding issue. We have schemes for Ukraine, Afghanistan and Hong Kong, and we should be thinking about increasing the resettlement of refugees who have already been recognised abroad, for example through the United Nations High Commissioner for Refugees. Will the Minister commit to looking seriously at a pilot system for those from specific conflict zones who have strong claims to be allowed to travel here so that their claim can be fully examined on UK soil? That would build an evidence base on the issue to inform future policy and lawmaking. I echo the remarks of my hon. Friend the Member for Sheffield Hallam (Olivia Blake) on section 59 of the Illegal Migration Act 2023 and the safe country list.

The Bill is a long overdue step towards fixing the foundations of our asylum system so that it is a fair, managed and compassionate system that the public can once more have confidence in. It pursues practical, workable solutions, rather than the gimmicks and divisiveness of the other parties, which I am proud that this Government reject.