Illegal Migration Bill

Yasmin Qureshi Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Danny Kruger]

Let me explain myself more clearly. There are two things profoundly wrong with what happened last June. The first is the explicit tolerance of illegality—the claim by activists, backed by Opposition politicians and by judges, that people who break into our country should be allowed to stay and settle here. The second is the idea that the laws of the British Parliament can effectively be struck down by courts claiming a greater sovereignty, in deference to a higher power than parliamentary statute: the power of international law.

[Yasmin Qureshi (Bolton South East) (Lab)]

The United Kingdom has signed up to many international treaties. Why do we sign up to treaties if we are not going to allow them to be implemented or follow them?

[Danny Kruger]

The hon. Lady is absolutely right that this is a treaty to which we have signed up. Under a treaty we have certain obligations, but those obligations do not include obeying such interim orders. There is no legal basis for us to obey them; that is a recent convention, and it is not in statute that we should obey such an order. Moreover, even if it were a substantive judgment, it does not give direct effect to what the British Government do. We need to change these things. That is why this Bill is necessary: it will mandate, not merely permit, the Government to remove illegal migrants, so that there can be no doubt in the mind of Ministers, officials or contractors what the law requires them to do.

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[Tim Farron]

I thank the hon. Lady for making that important and powerful point.

Let us deal with another of the dozy charges aimed at those of us who think this Bill is at best mistaken. We are asked why people would want to come here, escaping from war-torn France. Why do they not stay in France, as it is not a dangerous country? I could make some quips about the current state of play over there, but I will not. Let us remember that 86% of people fleeing their homes go to the neighbouring country and stay there, so only about 14% of refugees go beyond their neighbouring country, and a fraction come to Europe. In case Conservative Members need a geography lesson, we are at the end of the line; we are on the other side of the channel, at the far west of Europe. We are the place that they get to last. We have already established that France takes three times as many refugees as we do.

[Yasmin Qureshi]

The hon. Gentleman is making an excellent case. On the question of figures, is this not part of the bogus nonsense being spouted by the Government when the Secretary of State goes on television to say that 100 million people are making their way to the United Kingdom and then someone else goes on television to say that about 1 billion people are making their way to the United Kingdom?

[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—

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[Sir John Hayes]

It is conventional in this place to say that it is a delight and a joy to follow the preceding speaker, and generally one does so as a matter of convention, but I am always pleased to follow the hon. Member for Westmorland and Lonsdale (Tim Farron), even though I disagreed with almost everything he said. I know that he speaks with integrity and that he believes in his heart what he has said today, but I have to tell him that his purity—if I may put it in those terms—and his absolute Christian dignity have got the better of his reason in respect of this issue.

The hon. Gentleman’s constituents, like mine, expect this House to be where power lies, for it is this House that is answerable to them. He owes his political legitimacy to his relationship with the people he described in his constituency, as I do to those in mine. When other powers in other places supersede the authority of this House, in the way the European judges did when they held up the planes for those being sent to Rwanda, our constituents feel not only frustrated but let down. They feel let down because they see the will of this House and the will of our Government being impeded, and indeed frustrated, by those overseas powers.

[Yasmin Qureshi]

Will the right hon. Gentleman give way?

[Sir John Hayes]

I will happily give way to the hon. Lady, who is deeply confused about the difference between treaty law and statute. Perhaps she will explain that.

[Yasmin Qureshi]

I draw the right hon. Gentleman’s mind to the 1970s when, in this country, a Conservative Government passed legislation saying that a married woman, or any woman, coming to this country had to go through a virginity test, and it was the European Court of Human Rights that overturned that British legislation. Are you really telling me that you think that legislation was correct?

[The Chairman of Ways and Means (Dame Eleanor Laing)]

Order. I think the hon. Lady means the right hon. Member for South Holland and The Deepings, not me.

[Yasmin Qureshi]

Is the right hon. Member for South Holland and The Deepings (Sir John Hayes) really telling me that he thinks that decision by the European Court of Human Rights was wrong?

[Sir John Hayes]

I never knowingly defend the Heath Government, so I will not accept any connection with their measures. Indeed, it was Edward Heath who, against the interests of the British people, took us into the European Union in the first place, but I will not go down that road as it is not relevant to the amendments before us.

In the spirit I have just outlined, I will address the significance of the Bill and the amendments before us, in the context of the Government’s determination not only to tackle the issue of immigration per se, but to deal, in particular, with illegal immigration in the form of boats arriving in Dover. Just as we won the referendum campaign with the simple slogan “Take back control,” so it seems to me we will win this argument with a similar slogan: “Stop the boats.”

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[Stella Creasy]

I think we have all expounded quite clearly on how that the interpretation that the hon. Member for Devizes sought to set out of what Churchill thought might not be an entirely complete representation of what that gentleman—he made sure that we were among the first signatories to the European Court of Human Rights, and he continued to campaign and lobby for it and its development and evolution up until his death—would in fact have thought.

[Yasmin Qureshi]

Will my hon. Friend give way?

[Stella Creasy]

I will happily give way, but then I really must bring my remarks to an end.

[Yasmin Qureshi]

The thing I am having difficulty understanding is this. We signed the European convention on human rights, and we have signed many other international conventions. If we are not going to abide by the rules of those conventions, why did we sign them?

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[Yasmin Qureshi]

I wish that I could say that it is a pleasure to speak in this debate, as I normally do, but I am actually incredibly sad about having to do so. The Bill is one of the most repugnant pieces of legislation that this Government have tried to pass through the House. First, this Government and the Home Secretary know that they are breaching human rights laws, and also that this legislation will not work. They want to go ahead with the Bill because they want to throw red meat to some of their voter base. They want to appeal to some of the hard right-wing voters in our country—the people who will be voting for the Conservative party when they see this legislation go through.

I do not make those allegations lightly. I have been here since the beginning of this debate and heard the justifications that Conservative Members have given, with “lefty lawyers” somehow being used as a term of abuse. I am a barrister—I spent many years studying to be one—and I find this Bill repugnant, so hon. Members might want to call me a lefty lawyer, but I spent 14 years doing nothing else but prosecuting. I worked for the Crown Prosecution Service prosecuting criminals, rapists, murderers, drug dealers and all sorts of really obnoxious people. Now I and people like me, if we are not supporting this Bill, are to be called “lefty liberals” or “lefty lawyers” or “woke” as a form of insult. Those who have to resort to that type of terminology are really scraping the bottom of the barrel. They have no argument left—if they had any proper argument, they would be making it.

We have heard much discussion of the European convention on human rights. It is surprising to hear everybody say, “Oh, the European Court did this to us.” Hang on, wake up—we actually signed up to the convention on human rights. We signed up to the refugee convention. We are a signatory to the NATO treaty. When states are signatories to those conventions, they are supposed to abide by them and, within the European convention on human rights, the European Court of Human Rights is part of the process. For the Government to think they can pick and choose what they do not like from it is outrageous.

The right hon. Member for South Holland and The Deepings (Sir John Hayes) denigrated the European Court of Human Rights earlier. I asked him directly about the fact that in the 1970s a Conservative Government had legislation requiring virginity tests for young women applying to come into this country, and it was the European Court of Human Rights that declared it to be unlawful. When I asked whether he disagreed with the European Court of Human Rights, he side-stepped it and said he could not defend the Heath Government—but that was not my question. My question was fairly and squarely about whether he disagreed with that particular decision of the European Court of Human Rights, and the reason he avoided it was that he knows that decision by the Court was absolutely correct.

The European convention on human rights, as we know, was incorporated into the British Human Rights Act 1998. Section 19 of that Act says that every piece of legislation that comes before our Parliament must have a declaration on it to say it is compatible with human rights law. The Home Secretary knows full well that this legislation is not going to be. That is why, on the face of the Bill, she states that the Government are not sure whether it is compatible with human rights law—but when she goes on the television, she says, “Oh yes, it is compatible with human rights.” I would like her to tell us which one she thinks it is, because I can tell her that it is incompatible with any human rights convention and with our own Human Rights Act, passed by this Parliament.

I really think that Conservative Members should use a better argument. But what argument do they use? I have found it sickening, not just on this Bill, but in the whole debate on immigration and asylum for the last number of years, to hear politicians such as the Home Secretary saying that we are being swamped and invaded, and other hon. Members saying that we have 100 million people coming. Sometimes they say 1 billion people. Come off it! Everybody knows there are not 1 billion people trying to come into this country, nor 100 million refugees, because 84% of refugees normally go to the country nearest to them.

Moreover, of the people who have been coming on the boats recently, more than 75% were successful in their asylum claims. This narrative that Government and the media, the Daily Mail, the Express and The Sun, are running, that somehow they are all bogus asylum seekers, is a load of rubbish as well. I expected the media to talk rubbish—I expected them to lie—but it really pains me when elected Members of Parliament use that kind of divisive language.

It is because of that sort of divisive, disgusting language that we have had incidents of assault on people living in asylum hostels and incidents of others attacking them, swearing at them or protesting against them. That is because of the language that is used in this country in the discourse on immigration. I have to say to every hon. Member here, especially on the Government Benches, and the media, if they are listening, “Please, for God’s sake, just temper your language and do not peddle untruths.” That is what they are—untruths. A lot of those people are coming on boats because there is no alternative.

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[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. The hon. Lady needs to be quite careful with her language when she says “your Government” and so on.

[Yasmin Qureshi]

Thank you for reminding me, Dame Rosie.

The Conservative Government have had control for the last 13 years, but they have not been able to deal with this. Instead of making proper constructive proposals, they have gone for the best headline in the Daily Mail—or should I say the “Daily Hate”? They do not think it is worth it. This legislation is absolutely horrendous. I am really sad that we are here again. A few years ago, we had the Nationality and Borders Bill and others. With every such Bill, it is said that we are going to control illegal migration. But guess what: nothing happens. It is all hot air; it is all smoke and mirrors. It is trying to fool the people of this country that you are trying to deal with something when you know you are not doing—

[The First Deputy Chairman]

Order. I call Wera Hobhouse.

[Yasmin Qureshi]

May I finish, Dame Rosie?

[The First Deputy Chairman]

Yes, but the hon. Lady needs to stop referring to “you”, which means me.

[Yasmin Qureshi]

I am sorry, Dame Rosie.

Many Members have spoken about various safe routes. Many suggestions have been made about how to deal with the small boats. Colleagues have spoken about the legal side of it. If there is any humanity in this Government, they should think about withdrawing the Bill and actually dealing with the small boats, and will they please stop trying to appease populist sentiment?

[Wera Hobhouse]

I rise to speak to the Liberal Democrat new clauses 3, 4 and 6. I struggle to put into words my dismay about the Bill. I have been listening since the beginning of the debate and, apart from a few Members who have spoken with real insight, Conservative Members cannot hide their frustration that, three years on from Brexit, we still do not control our borders and that we are in fact further away than ever from doing so. That shows a fundamental misunderstanding. Britain is only ever part of a global community—we do not rule it—and we get what we want only through co-operation; we will succeed in stopping illegal immigration only by co-operating, not by breaking international agreements.

No one can be opposed to stopping people traffickers who are exploiting desperate men, women and children, but the Bill is no way to go about that, and it will not be successful in preventing the boats from coming. All that it will achieve is to punish those who least deserve it. Will the Government finally listen to what we on the Opposition Benches have said for such a long time, which is that we must create safe, legal and effective routes for immigration if we are serious about a compassionate and fair system of immigration?

New clause 6 would facilitate a safe passage pilot scheme. New clause 4 would require the Home Secretary to set up a humanitarian travel scheme, allowing people from specified countries or territories to enter the UK to make an asylum claim on their arrival. The only way to ensure that refugees do not risk their lives in the channel is to make safe and effective legal routes available.

My inbox has been full of constituents’ outrage at the Government’s plans to abandon some of the most vulnerable people in the world. In Bath, we have welcomed refugees from Syria, Afghanistan and Ukraine, and we stand ready to do more. Meanwhile, the Government are intent on ending our country’s long and proud history as a refuge for those fleeing war and persecution.

The Home Secretary has been unable to confirm that the Bill is compatible with the European convention on human rights. Clause 49 allows the Secretary of State to make provisions about interim measures issued by the European Court of Human Rights; the Law Society has raised concerns that that shows an intent to disregard the Court’s measures and break international law. The Government’s promises that people fleeing war and persecution could find a home in the UK through a safe and legal route must be true and real—they must not promise something that does not happen. Now is the time to put action behind the words. So far the Bill has not even defined what a safe and legal route is; on that, I agree with the hon. Member for Walthamstow (Stella Creasy).

Let me give one example of why it is so important that we have safe and legal routes: Afghanistan. Just 22 Afghan citizens eligible for the UK resettlement scheme have arrived in the UK. The Minister said that we had taken thousands before the invasion of Kabul, but we are talking about a resettlement scheme set up in 2022, a year ago. Only 22 people have been resettled through that scheme. That is the question—we are not talking about what happened in 2015 or before the invasion of Kabul; we are talking about the safe and legal routes that the Government set up. The reality is that 22 Afghans have been resettled under the scheme, and the Minister cannot walk away from it.

It is a shameful record. Women and girls especially were promised safety, but have been left without a specific route to apply for. We cannot leave them to their fate. Every day we hear about the cruel way the Taliban treat women and girls, who are excluded from education and jobs. They have to do what they want to do in hiding and they are not safe. The Government have promised them safety, but they cannot come. We must ensure that this new promise of safe and legal routes cannot be broken.

The Bill sets out a cap on the number of refugees entering via safe routes, but it does not use a specific figure. There is also no obligation on the Government to facilitate that number of people arriving. The Government’s current record does not inspire confidence. The UK grants fewer asylum applications than the EU average. In 2022, only 1,185 refugees were resettled to the UK, nearly 80% fewer than in 2019. That is why the Government should support new clause 3, which requires the Secretary of State to set a resettlement target of at least 10,000 people each year.

Refugees make dangerous journeys because they are in danger. If we are serious about stopping illegal people trafficking, we must provide safe routes for refugees first, not punish refugees who have the right to be here first. As it stands, the Bill criminalises desperate people making perilous journeys to seek safety—refugees who are coming because they believe they will find sanctuary here. We must show them compassion. We must not show them our backs.