Border Security, Asylum and Immigration Bill (Ninth sitting)

Will Forster Excerpts

Committee stage
Thursday 13th March 2025 Public Bill Committees

[Dame Angela Eagle]

Government amendments 23 and 24 add to the existing provision at clause 55(4):

“His Majesty may by Order in Council provide for any of the provisions…to extend…to the Isle of Man.”

Certain provisions are, as appropriate, excluded from extension. The amendments make the same provision to extend provisions by Order in Council to the Bailiwick of Guernsey and the Bailiwick of Jersey. That follows the Government receiving confirmation from the Bailiwick of Guernsey and the Bailiwick of Jersey that they wish for a permissive extent clause to be included in the Bill. I am grateful for the engagement of officials and the consideration by respective legislative assemblies on these matters. Confirmation from the Isle of Man has been received before the introduction of the Bill, hence provision already being made at introduction.

Government amendment 21 amends the list of provisions excluded from extension by Order in Council with the effect that clause 24, which amends the Criminal Justice and Police Act 2001, may not be extended. That is on the basis that that Act does not have an equivalent permissive extent clause, and any extension would therefore not be required or appropriate. That is a little tweak to the Bill.

[Mr Will Forster (Woking) (LD)]

I am surprised to be raising this issue and that I do not immediately know the answer. The Minister has raised issues with Jersey, Guernsey and the Isle of Man, but that poses the question: what about our other overseas territories and areas such as the Falklands? The Government clearly considered the impact of our complicated relations with some places when drafting the Bill, but what about the others? Have the Government considered all those issues?

[Dame Angela Eagle]

I assure the hon. Gentleman that we certainly have considered those issues. The tweak with the Isle of Man relates to a technicality that was discovered after the Bill was drafted. The two other amendments, which extend certain provisions to the Bailiwicks of Guernsey and Jersey respectively, were added after work was done between our Parliament and those legislatures to ensure that they were happy for that extension and wanted a permissive extension clause to be added. That is what the amendments do.

Amendment 21 agreed to.

--- Later in debate ---

[Chris Murray]

It is a pleasure to serve under your chairship, Dame Siobhain. I have listened with interest to the points made by the hon. Member for Perth and Kinross-shire. We need to go back to the evidence we heard from the researcher from the Migration Observatory who I keep quoting. He said that demand for channel crossings is essentially “inelastic”. The hon. Gentleman is predicating his argument on tackling the demand side of the equation. We have been told by the experts that policy will have only a limited impact on the demand, and that is particularly salient when we think about safe routes.

The hon. Gentleman is quite correct; we already have safe routes in this country. We have the Afghan scheme, but because that is not available to everyone from Afghanistan, some of those who are not eligible come across on unsafe routes. Although the Ukrainian and Hong Kong schemes are not specifically refugee schemes —they are analogous, I accept that point—they are open to a much broader cohort of people. There are some 254,000 Ukrainians and 120,000 Hong Kongers in the UK right now. Those figures are off the top of my head; I am ready to be corrected. It is because of the comprehensiveness of that safe route that we see such high numbers in the declines in the channel.

If we followed the hon. Gentleman’s advice, we would fall into the same logical trap as the Conservatives did with the Rwanda scheme. With Rwanda, the so-called message to the migrants was, “Don’t get on a boat—there’s a 1% chance that you’ll be sent to Rwanda.” First, it was not credible. Secondly, it clearly had no impact on people’s decision making. The hon. Gentleman is proposing that we say, “Don’t get on a boat—there’s a 1% chance that you can come in on a safe route.” I would argue that that would have the same impact on people crossing the channel.

The only way we could have a safe routes phenomenon would be to open them to a select group of people from a select few countries. That would basically be deciding who we thought was the most deserving and who was not, which is not how the refugee system should work. People’s cases should be judged on their merits and on individual circumstances. People can come from ostensibly safe countries but face things such as LGBT discrimination. People could be from a country at war but ineligible because they are one of the perpetrators of that war. We need to judge people on their cases.

Finally, the hon. Member for Perth and Kinross-shire said that safe routes are the only way to stop people getting on boats and freezing in the channel. Let us be really clear: that is the whole purpose of the Bill. However, the channel crossings are a new phenomenon. They were not happening five or 10 years ago, when we did not have safe routes either. The way to tackle people getting on those boats is by tackling the supply of boats and ways to cross the channel by tackling the gangs. Safe routes may have other values, but not for the purposes of stopping channel crossings.

[Mr Forster]

I am happy to support new clause 1—in fact, I enthusiastically support it. The challenge of speaking after the hon. Member for Perth and Kinross-shire is that most of the things worth saying have already been said. In the evidence session I highlighted that safe and legal routes are a key part of us tackling the problem. The Ukrainian scheme is a clear example of success, as is the Hong Kong scheme, yet this Government, like the last one, seem reluctant to go down that route.

[Tom Hayes]

Does the hon. Gentleman agree that it is important, as my hon. Friend the Member for Edinburgh East and Musselburgh was just saying, that we listen to the refugee voice and think more broadly about what asylum seekers and refugees actually want?

In a previous life, I worked for an international development charity where I led UK campaigning on safe and legal routes. In so doing I took away a major learning, which is that the UK cannot be overwhelmingly the country that receives refugees and asylum seekers via safe and legal routes. That is in part because the UK alone cannot be asked to shoulder such a large responsibility, but also because many asylum seekers and refugees wish to return home and therefore want to be located in a safe country that is nearer to their home country. Is it not right that we think about this in a broader and international sense, rather than assuming that the UK has to always be the country that shoulders the responsibility, when there are other ways that we can support?

[Mr Forster]

I have some sympathy for what the hon. Member says. We talked about listening to the refugee charities. One of the notes that I made of our evidence session is that they criticised the Bill as only being half the story—saying that it tackles the supply but not the demand. They said that we needed an integrated approach, and to them this Bill was not that; it was a blunt instrument. They were sympathetic to some of the Bill, but they said that it will not fully solve the things that we want to solve.

I have sympathy with the hon. Gentleman’s point that it might not be a full solution if the UK is the only country to agree safe and legal routes; but we made an agreement with Europe agreed about the Ukrainians. The hon. Member could have tried to amend the new clauses to say that the Government should be working with international partners to introduce safe and legal routes, but it seems that the Government want to dismiss any discussion of safe and legal routes whatsoever, even if working with partners.

[Tom Hayes]

Is it not the case that the Government do not think that primary legislation is the way to secure international negotiation about safe and legal routes? Actually, those conversations will be happening with the Government and partners. In fact, one of the highlights of having a new Government is a reset of our relationship with the European Union, which—in time, once it matures and restores—can help in negotiations for better routes for humanitarian assistance and support. Primary legislation is not needed for everything.

[Mr Forster]

I would really like to hear the Minister confirm that the Government are going to work with international partners to encourage a co-ordinated programme on safe and legal routes. One option, I would hope, is to agree to the new clause, but if the Government will not agree with this version, will they agree to consult on how to introduce safe and legal routes with partners? I am trying to be as moderate and practical as possible. A lot of requests from MPs do not require immediate action, but they do require the Government to consult. Is that something that the Minister would consider?

[Mike Tapp]

I thank my hon. Friend the Member for Bournemouth East for making a compelling argument around the balance between our decency and humanity and not creating a pull factor that will cause more risk. I draw the Committee’s attention to our work as a Government with the United Nations High Commissioner for Refugees, which has resettled individuals from Ethiopia, Iraq, Sudan, Syria, Afghanistan, Eritrea, Somalia, South Sudan and Yemen. Combined with the other resettlement routes that we have in place, such as family reunion, the Afghan relocations and assistance policy, and the Hong Kong and Ukraine schemes, we have resettled over half a million individuals since 2015—I do not know the exact stats. There are ways to come here safely for people who need it.

When it comes to illegal migration, it is important that we take out the smuggling gangs. The Bill will help us do that with disruptive measures so we can get there first. This counter-terror approach is the right way.