Illegal Migration Bill

Yvette Cooper Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Suella Braverman]

I am going to make some progress. A lot of Members want to contribute to this debate.

The United Nations has confirmed that, globally, there are 100 million displaced people. Our critics simultaneously pretend that the United Kingdom does not have any safe and legal routes and that these routes should also be unlimited. The small boats crisis demonstrates that countless economic migrants are willing to take a chance to come here in search of a better life. How many of them do the Opposition think we have to take to stop the boats?

The Opposition have not been able to answer that question. Those arguing for open borders via unlimited safe and legal routes are, of course, entitled to do so, but they should do so honestly. They should not try to deceive the public by dressing up what is an extreme political argument in the fake garb of humanitarianism, nor should they pretend that the UK does not have safe and legal global routes. In recent years, our country-specific routes have provided refuge for 150,000 people leaving autocracy in Hong Kong, 160,000 Ukrainians fleeing Putin’s horrific war and 25,000 Afghans escaping the Taliban. Another 50,000 people have come to the UK via routes open to people from any country, including the UK resettlement scheme, which includes community sponsorship, the mandate resettlement scheme, and, crucially, the family reunion route for those with a qualifying family member in the UK.

We are proud of those safe and legal routes. When we stop the boats, we will look to expand those routes. The Bill introduces an annual cap, determined by Parliament, on the number of refugees that the UK will resettle via safe and legal routes. This will ensure an orderly system that considers local authority capacity for housing, public services and support.

The Bill enables the detention of illegal arrivals without bail or judicial review within the first 28 days of detention. We can maintain detention thereafter under current laws, so long as we have a reasonable prospect of removal. This reflects the existing common law position, consistent with article 5 of the ECHR. The Bill places a duty on the Home Secretary to remove illegal entrants and, significantly, narrows the number of challenges and appeals that can suspend removal.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The former Home Secretary, the right hon. Member for Witham (Priti Patel), said:

“Anyone who arrives illegally will be deemed inadmissible and either returned to the country they arrived from or a safe third country.”

As a result, 18,000 people were considered inadmissible to the UK asylum system and just 21 people were returned. That is just 0.1%. What has changed with this Bill, and what percentage of those deemed inadmissible does the Home Secretary expect to be returned?

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[Suella Braverman]

What we have seen is that a large and growing proportion of modern slavery claims have been made by people who have arrived here illegally. And, as I just mentioned, there are foreign national offenders, people who have served their criminal sentences, who have upon the point of removal put in a last-minute modern slavery claim precisely to thwart their deportation. We work very closely with local authorities and other bodies to ensure that referrals are made into the mechanism. This is why the Bill will disqualify illegal entrants from using modern slavery rules in this way.

Given the mischaracterisation of the Bill by Opposition Members, I would like to make a few things clear. The Home Secretary’s duty to remove will not be applied to detain and remove unaccompanied asylum-seeking children. Consistent with current policy, only in limited circumstances, such as for the purposes of family reunion, will we remove unaccompanied asylum-seeking children from the UK. Otherwise, they will be provided with the necessary support in the UK until they reach 18.

With respect to the removal of families and pregnant women, it bears repeating that the overwhelming majority of illegal arrivals are adult men under the age of 40. Removing them will be our primary focus, but we must not create incentives for the smugglers to focus on people with particular characteristics by signposting exemptions for removal. It is right that we retain powers to adapt our policy so that we can respond to any change in tactics by the smuggling gangs.

Those critics who say that this Bill will be found to be unlawful said the same thing about our partnership with Rwanda—the High Court disagreed. Some of the nation’s finest legal minds have been and continue to be involved in the Bill’s development. The UK will always seek to uphold international law and we are confident that this Bill will deliver what is necessary, within those parameters. Section 19 of the Human Rights Act requires Ministers to give a view on the level of legal certainty on a Bill’s compliance with the European convention on human rights. That is a unique UK requirement, not part of the ECHR itself. A section 19(1)(b) statement simply means that we are unable to say decisively that this Bill is compatible with the ECHR. It is clear that there are good arguments for compatibility but that some of the Bill’s measures are novel and legally untested. Those on the Opposition Benches seem to forget that section 19(1)(b) statements were made by the Labour Government on the Communications Act 2003 and by the Lib Dems on the House of Lords Reform Bill in 2012. That did not mean that those Bills were unlawful and this statement does not mean that this one is either.

Claims that the Bill will breach our refugee convention obligations are simply fatuous. The convention obliges parties to provide protection to those seeking refuge. It does not require that this protection be in the UK. Illegal arrivals requiring protection will receive it in a safe third country such as Rwanda. Moreover, article 31 of the convention is clear that individuals may be removed if they do not come “directly” from the territory where their freedom is threatened. Denying those arriving illegally from France, or any other safe country in which they could have claimed asylum, access to the UK’s asylum system is, therefore, entirely consistent with the spirit and letter of the convention.

The Opposition say that this Bill cannot work because we lack the capacity to detain all small boat arrivals. We are expanding detention capacity, with two new immigration removal centres, but clearly we are not building capacity to detain 40,000 people, nor do we need to. The aim of the Bill is not to detain people but to swiftly remove them. Australia achieved success against a similar problem of illegal maritime migration. It reduced annual crossings from 20,000 to hundreds in a matter of months, in large part by operationalising swift third country removals. It did not need tens of thousands of detention places either. If we can demonstrate to people willing to pay thousands of pounds to illegally enter the UK that there is a reasonable prospect that they will be detained and removed, we are confident that crossings will reduce significantly.

In addition, arguments that our approach cannot work because Rwanda lacks capacity are wrong. Let me be clear: our partnership with Rwanda is uncapped. We stand ready to operationalise it at scale as soon as is legally practicable. It is understandable that Rwanda has not procured thousands of beds to accommodate arrivals while legal challenges are ongoing.

[Yvette Cooper]

The Home Secretary has just admitted that Rwanda does not have thousands of places. She will know that the Rwandan Government have talked about taking a few hundred people and that the Rwanda High Court agreement says that cases need to be individualised, yet she is expecting to find locations for tens of thousands of people expected to arrive this year. She has no returns agreement with France or any other European country, so where is she expecting to send the tens of thousands of people expected to arrive in the UK this year?

[Suella Braverman]

The right hon. Member should read our agreement with Rwanda before she makes a comment such as that. If she did read it, and if she read the judgment from the High Court, she would see both that our agreement with Rwanda is lawful, proper and compliant with our international obligations, and that it is uncapped and potentially Rwanda could accommodate high numbers of people that we seek to relocate there. Rwanda has the capacity to resettle tens of thousands of people if necessary.

Critics of this Government’s plan to stop the boats would have more credibility if they offered up a plan of their own. Let us look at what the Opposition plan is. They would increase the funding to the National Crime Agency to disrupt trafficking upstream; never mind that the Government have already doubled the funding for the NCA precisely for that purpose. The Opposition say that they would go harder on the people smugglers; never mind that Labour voted against our Nationality and Borders Act 2022, which introduced life sentences for people smugglers. The Opposition speak about establishing a cross-channel taskforce; never mind that we have already set up a small boats operational command, with more than 700 new staff working hand in hand with the French.

The Opposition say that they would get a new agreement with the French; never mind that only last week our Prime Minister struck a historic multi-year deal with the French to increase the number of gendarmes patrolling the French beaches. The Opposition say that we should do more with partners around the world; never mind that the Government have returns agreements with Albania, Georgia, Nigeria, India, Pakistan and Serbia. As for our world-leading agreement with Rwanda, we all know what the Opposition would do about that—they would scrap it.

The Opposition say that the Government cannot be trusted with our borders, but the fact is that the Leader of the Opposition and some 70-odd Labour MPs—a third of the parliamentary party—signed letters to stop dangerous foreign criminals being kicked out of Britain. Tragically, one of those criminals went on to kill another person in the UK—a shameful day for the Labour party. How easy it is for the Opposition to say, “Never mind the British public”, believing that they know better, arrogantly, dismissively. The truth is that they do not have a plan. What is even worse, they do not care that they do not have a plan. If they listened, they would hear a clear, reasonable and resounding message from the British people: we like controlled immigration, we welcome genuine refugees, but we do not want uncontrolled or illegal migration—enough is enough, stop the boats. That is the call from the British people—that is their cry for action to all of us who serve them in this place. This is a Government who listen—they listen to the people and, aided by this Bill, we will stop the boats.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House, while affirming support for securing the UK’s borders, reforming the broken asylum system and ending dangerous small boat crossings, declines to give a Second Reading to the Illegal Migration Bill because the Bill fails to meet its core objectives, lacks any effective measures to tackle the criminal activity of people smuggler gangs, fails to eliminate the backlog of outstanding asylum cases, will increase the number of people in indefinite accommodation in the absence of return agreements, leaves victims of modern day slavery without any protections while frustrating efforts to prosecute traffickers, fails to reform resettlement schemes to prevent dangerous journeys and undermines international co-operation to provide support for those fleeing persecution and conflict.”

Most people want to see strong border security and a properly managed and controlled, fair and firm asylum and refugee system, so that we have proper grip along our borders and so that we do our bit, alongside other countries, to help those fleeing persecution and conflict. That is what Labour believes in but, right now, after 13 years of Conservative Government, we have none of those things. Our border security has been undermined because they let the criminal, smuggler and trafficking gangs rip, and the asylum system is in chaos, letting everyone down. All that they can offer is this Bill, which makes all those problems worse.

Last year, 45,000 people travelled on dangerous small boats, up from just 280 four years ago. That is criminal gangs, making £180 million a year from putting lives at risk, yet over the same period convictions of people smugglers have halved. There has been a massive increase in the gangs who are operating along the channel, and a massive drop in the number of criminals caught. The Government are still refusing to go after the gangs, and the deputy chair of the Conservative party thinks that we should not even bother.

[Tom Hunt (Ipswich) (Con)]

rose—

[Yvette Cooper]

I will give way to the hon. Member if he will now support our proposals for a cross-border police unit to go after the criminal gangs.

[Tom Hunt]

I actually have another question. Would the right hon. Member explain why the Leader of the Opposition, when he was a human rights lawyer, once said that there was an undertone of racism in all immigration law? Does he continue to believe that?

[Yvette Cooper]

Immigration law is important, but the problem is that, at the moment, a huge amount of immigration law is not even enforced. There has been an 80% drop in the number of people who have been unsuccessful in the asylum system and been returned—an 80% drop since the Conservatives came to office. At the same time, our asylum system, under the Tories, is in total chaos. Only 1% of last year’s cases have had even an initial decision. Home Office decision making has been cut by 40%, the backlog has trebled in the space of just a few years, and thousands of people are in costly and inappropriate hotels.

[Mrs May]

I am grateful to the right hon. Lady for giving way. I am also grateful for the kind comments that she made about me in an interview at the weekend regarding modern slavery work. She has just referred to the backlog in asylum cases. If she thinks that the current figure means that the system is in chaos, what is her description of the system under the Labour Government of which she was a member, which had a backlog in asylum cases of between 400,000 and 450,000?

[Yvette Cooper]

The former Prime Minister and former Home Secretary is experienced enough to know that that is not an accurate characterisation of what happened. By the time the Labour Government left office, the backlog of initial decisions was just a few thousand. Now it is 160,000, and in fact it has trebled in the past few years as a result of the complete failure of the Conservatives.

[Several hon. Members rose—]

[Yvette Cooper]

I will give way to the former Prime Minister; she and I have asked each other questions for so many years that I have to let her do so again.

[Mrs May]

I am grateful to the right hon. Lady, but does she not accept that, between the late 1990s and the early 2000s, when Labour was in government, the number of asylum cases that were in the legacy—the backlog—rose to between 400,000 and 450,000?

[Yvette Cooper]

The important point that the former Prime Minister addresses is that in the late ’90s there was an issue about what had happened with the Bosnian refugee crisis and many others. In fact, it was the action that the last Labour Government took that got a grip of the system and addressed some of the challenges. We took action to make sure that we could have both border security and a system that provided for refugees and those in need of asylum. The former Home Secretary will also know, because she was responsible for introducing the modern slavery law, which I support, that the Bill rips up many of the provisions at the heart of that legislation. I hope that she and I would agree that it should be possible for our country to have strong border security, and to have strong, fast, and effective measures, which, at the moment, the Government do not have, to deal with asylum cases swiftly and speedily, but also to make provision for those who have fled persecution and conflict, and provide support for those who have been trafficked and those who are the victims of modern slavery. I hope that she agrees with me that the Bill does the total opposite.

[Bell Ribeiro-Addy (Streatham) (Lab)]

Does my right hon. Friend, like me, get really annoyed when she hears Government Members talk about a Labour Government 13 years ago? Does she, like me, wonder why the Government, having been in charge continuously for 13 years, like to look all the way back, rather than address their own failures?

[Yvette Cooper]

My hon. Friend is right that the Conservatives have to take responsibility for 13 years in government—13 years in which we have seen refugees left in limbo, even though they have fled persecution and conflict. Those who are not refugees and have no right to be here are never returned; there has been an 80% drop in returns of unsuccessful asylum seekers. At the same time, there has been a 40% drop in refugee family reunion visas, the Afghan resettlement scheme has been shamefully frozen and children are left with no way to rejoin family. Time and again, Ministers just want to blame someone else. All the Conservative Members just want to blame someone else, but they have been in charge for the last 13 years. They keep telling us the asylum system is broken—well, seriously, who broke it?

We need urgent action to stop the dangerous boat crossings that are putting lives at risk and undermining our border security. This Bill is a con that makes the chaos worse. It will not do the things the Prime Minister and Home Secretary have promised. It will not stop the criminal gangs or dangerous crossings; in fact, it makes it easier for those gangs. It will not return everyone; in fact, it makes it harder to get return agreements. It will not clear the asylum backlog; in fact, it will mean tens of thousands more people in asylum accommodation and hotels. It will not deliver controlled and managed safe alternatives; instead, it will cut them back.

The Bill will also rip up our long-standing commitment to international law. It will lock up children, remove support and safe refuges from women who have been trafficked, and deny citizenship to people like Mo Farah. The last law the Government passed on this subject, just nine months ago, made everything worse—dangerous crossings went up, delays went up—and now they seriously expect us to do all the same things again.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

The UK was one of the instigators of the 1951 refugee convention, because before the war the UK Government failed to allow Jews fleeing the persecution of the Nazis into this country. The Board of Deputies of British Jews this week said:

“Today’s British Jewish community is descended from refugees… We have significant concerns at the potential for newly proposed migration legislation to breach…the Refugee Convention.”

Does my right hon. Friend agree that we could be in breach of the convention if we pass the Bill today—in breach of international law and our own legacy in this area?

--- Later in debate ---

[Yvette Cooper]

My hon. Friend is right. Those are damning words that we have heard from the Board of Deputies and many other organisations on the impact this legislation will have.

At the heart of the Bill, there is a con. The Prime Minister has pledged that anyone who arrives in the UK without the right papers will be detained and swiftly removed, “no ifs, no buts”. But where to? Not to France, because the Prime Minister failed to get a returns agreement, and he has failed with other countries as well. The Bill makes it harder to get returns agreements, because it undermines compliance with the international laws and standards that those other countries are committed to upholding—standards that we used to be committed to upholding.

People will not be removed to Rwanda either; the Home Secretary has admitted already that that scheme is failing. The taxpayer has already written a £140 million cheque. The Home Office says it is unenforceable, with a high risk of fraud and no evidence of a deterrent effect. The Israel-Rwanda deal increased trafficking, rather than reducing it. At most, the Rwandan authorities say that they may take a couple of hundred people, but 45,000 people arrived last year.

[The Minister for Immigration (Robert Jenrick)]

indicated dissent.

[Yvette Cooper]

The Immigration Minister shakes his head, but he said in a statement in December in this House that the initial promise was to receive 200 people and the further preparations had not been made.

[Several hon. Members rose—]

[Yvette Cooper]

I give way first to my hon. Friend.

[Andrew Gwynne (Denton and Reddish) (Lab)]

I am pleased with the moderate way in which my right hon. Friend is putting forward a very sound argument, in absolute contrast to the rhetoric that we got from the Home Secretary, and she hits an important nail on the head: on the front page of the Bill, we have the statement of the Home Secretary that she cannot certify that the provisions of the Bill

“are compatible with the Convention rights”,

yet in the schedule to the Bill, countries or territories to which a person may be removed include fellow signatories to the European convention on human rights. What legal advice has my right hon. Friend seen that we would be able to do that or that they will accept returns from the United Kingdom?

[Yvette Cooper]

My hon. Friend makes an important point. In order to have co-operation on return agreements, on alternative arrangements for processing or on any of those things, there must be proper standards in place, and other countries must respect those standards if they are to make agreements with us. Therefore, pulling away from the European convention on human rights makes those agreements more difficult, despite the fact that having those international agreements in place is one of the most important steps to dealing with the challenges we face.

[Caroline Lucas (Brighton, Pavilion) (Green)]

rose—

--- Later in debate ---

[Yvette Cooper]

I will give way to the hon. Member for Brighton, Pavilion (Caroline Lucas) and then to the hon. Member for Eastleigh (Paul Holmes).

[Caroline Lucas]

Does the right hon. Lady share my deep concern about the placeholder clause 49, which seeks to legislate to ignore ECHR interim orders lodged against this Government’s inhumane, morally abhorrent plans, to get around the fact that what the Government are doing is not compatible with our convention obligations? Does she agree that that will undermine our global standing and make it harder to make returns agreements or anything else that she describes?

[Yvette Cooper]

I think it adds to the chaos within this piece of legislation that the Government have not worked out what they want to do. As a consequence, they are undermining our reputation as the kind of country that stands up for the rule of law and leads the way in expecting other countries to follow the law and to do their bit as well.

[Several hon. Members rose—]

[Yvette Cooper]

I give way to the hon. Member for Eastleigh, who has been patient. I will then make some progress before I take further interventions, because I am conscious of the time.

[Paul Holmes]

As is her right, the shadow Home Secretary is outlining her objection to this piece of legislation. She asked my hon. Friend the Member for Ipswich (Tom Hunt) whether he would back her proposals, so could she do the House a favour and outline her proposals—or is this another example of her consistently opposing and not coming up with any fresh ideas herself?

[Yvette Cooper]

Indeed, I am very happy to. I hope the hon. Member will support our proposal for a cross-border police unit to go after the criminal gangs and bring up those convictions, which have totally collapsed on the Conservatives’ watch. I hope too that he will support our proposals for a fast track for Albania and other safe countries, which Ministers are not doing. [Interruption.] This is interesting, because the Immigration Minister says, “Oh, we are already doing it,” except that they are not. Only 1% of the cases from Albania have been decided. The Home Office is not taking fast-track decisions on safe countries such as Albania, for all the promises the Government made. Even where they have the powers to take action, they are not doing it. I hope the hon. Member will also support our proposals to work on not just return agreements with France and other countries, but family reunion arrangements and reforms to resettlement schemes to make those work.

Instead, we have a Bill that is a con and that will make things worse. We have been clear that the Home Secretary has nowhere that she can say she is going to return people to. Last year, the Government made exactly the same promises when they said that 18,000 people would be inadmissible because they had travelled through safe countries, yet just 21 people were returned. Of those the Home Secretary said were inadmissible, just 21 were returned. Now she wants to say that everyone is inadmissible, but if she still manages to return just 0.1% of them, the reality is that she will have tens of thousands of people left. She is simply creating misinformation and conning those on her Back Benches, who have been cheering for the things she says but will see them unravel in practice.

The Home Secretary says this legislation means that she can return people to designated safe countries such as Albania, but she can do that already. She does not need this law to do that. She already has the power to fast-track Albanian and other cases. We have been calling for it for months, the United Nations High Commissioner for Refugees proposed it two years ago and the Prime Minister even promised it before Christmas, but it is not happening and 99% of those cases are still in limbo.

Just 15 people who had arrived in small boats were returned last month. That is the equivalent of 180 a year, when over 10,000 people came from the designated safe country of Albania. The real problem is that Conservative Home Office Ministers just do not have any grip on the system that they are supposed to be in charge of.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

My focus goes back to clause 49, which looks specifically at interim measures of the Strasbourg court. We know that those measures have no actual effect in UK law, but UK courts may take them into account when passing their own judgments. Do the shadow Home Secretary and the Labour party support me in wanting to see that clause beefed up to make sure that the Home Secretary is under a statutory duty to remove unlawful migrants?

[Yvette Cooper]

Perhaps the hon. Gentleman should have put that question to the Home Secretary, because he appears to disagree with his own Conservative Government’s policy and to be off on another bit of freelancing for himself, further undermining any possibility of getting international agreements, whether on returns or on anything else. He is planning to make it even harder to get the kinds of returns agreements we need and to get the kind of international co-operation we need as well.

Ministers say that they plan to lock everyone up before they are returned, and the Bill says that everyone is included. Children, unaccompanied teenagers, pregnant women, torture victims, trafficking victims, and people such as the Afghan interpreters and young Hongkongers we promised to help—all locked up because they arrive without the right papers. The Home Secretary has not said where, or how long for. It might possibly be at RAF Scampton, but the Tory right hon. Member for Gainsborough (Sir Edward Leigh) does not want that. It might possibly be at MDP Wethersfield, but the Tory right hon. Member for Braintree (James Cleverly)—the Home Secretary’s Cabinet colleague, the Foreign Secretary —does not want that either. In other circumstances, there might be pressure on the Home Secretary to put the site in her own constituency, except for the fact that she does not actually have one right now.

[Sir Edward Leigh (Gainsborough) (Con)]

A responsible Opposition must have a plan. We all agree that we have to stop these boats, but the Opposition’s plan appears to be to process asylum applications even more quickly, so that more people will come; to process them in France, where an unlimited number will want to come; or to have this ridiculous idea of a cross-border police force. Everybody knows that on average, people get caught once on the beaches by the French police, they are not detained and they come back the very next night—they all get there. The right hon. Lady knows perfectly well that the only way that we are going to stop these boats is the Government plan: to detain them and deport them to Rwanda.

[Yvette Cooper]

The right hon. Member is just kidding himself if he thinks that any of the Government’s plan is actually going to happen, or if he thinks it is actually going to work.

Clause 9 deals with what happens to all of the people who cannot be returned—the tens of thousands of people who, according to the Government, are expected to arrive after 7 March. It says that the Home Office will provide those people with accommodation and support: in other words, they will go back into asylum accommodation and hotels, but they will never get an asylum decision. Tens of thousands of people will be added to the Home Office backlog every year, only it is going to be a permanent backlog that the Home Office is never even going to try to clear. Those who would have been returned after their asylum claim was refused now will not be, and those who would have been granted sanctuary will be stuck in limbo instead. That is tens of thousands of people just added to the asylum backlog, costing billions of pounds more—up to £25 billion over the next five years.

As for the backlog the Prime Minister promised to clear, it is going to get worse, not better. Effectively, the Government have concluded that the Tory Home Office is so rubbish at taking any asylum decisions on time that they have decided to just stop doing them altogether, and they are hoping that no one will notice. Last week, I said that the Government might have decided not to call this an asylum system any more, but everyone is still going to be in the system nevertheless. Well, I got that wrong, because I have read the Bill’s explanatory notes again, and they say that:

“Subsection (2) amends section 94 of the 1999 Act…so that the term ‘asylum-seeker’ covers those whose asylum claims are inadmissible by virtue of Clause 4 of the Bill.”

In other words, the Government are amending the law so that all the people who they are going to exclude from the asylum system are still going to be called asylum seekers after all, and are still going to be in the asylum system.

You could not make it up: more chaos, more people in the asylum system, even fewer decisions taken, more people detained with nowhere to detain them and more people stuck in limbo, with no one credibly believing that anything in the Bill is going to act as any kind of deterrent to any of the criminal gangs. The Government are chasing headlines, but it is all a huge con.

What is the price of that con? What is the price of those empty headlines—of cancelling asylum decisions, rather than getting a grip? The Government are damaging our international standing, our chance of getting new co-operation agreements to tackle the problems, and our commitments to the rule of law. They are saying that Britain, uniquely, will not take asylum decisions, yet are expecting other countries to keep doing so. They are saying that Britain, uniquely, will not follow the refugee convention, the trafficking convention or the European convention on human rights, yet are urging other countries to follow those conventions. Think, too, of the price for the people we promised to help—for the Afghan interpreters who worked for our armed forces but who missed the last flight out of Kabul, and who the Government told to find an alternative route. If those people arrive in the UK now, the Conservatives plan to lock them up, keep them in limbo, and treat them as forever illegal in the country they made huge sacrifices to help.

Think of the Ukrainian family who travelled here via Ireland, as I know some people did in the early days of the conflict, without the right papers. They could have been the family staying with me, or the family staying with the Immigration Minister. I have listened to teenagers talking about how they had 20 minutes to pack before they fled their homes, not knowing whether they would ever return or see friends and family again. Under this law, those teenagers who arrived with the wrong papers would be locked up, denied any chance to ever live or work here lawfully in the future. That is the Tories’ position: in the interests of a plan that is actually a con and will not even work. It will not work to deter the criminal gangs; it will not work to remove people, because the Government do not have the returns agreements in place, and it will make it harder to get those returns agreements. In exchange for that con that makes nothing any better, they believe that no one who arrives in Britain without the right papers in their hands should ever be able to seek protection here or live here, no matter their personal circumstances.

[Shailesh Vara (North West Cambridgeshire) (Con)]

I am most grateful to the right hon. Lady for giving way. Which parts of France are such that people need to flee from there to seek refuge in this country?

[Yvette Cooper]

As the hon. Member knows, the majority of people who are seeking asylum and arrive in France stay in France, rather than seeking to travel to the UK. However, we believe that we should be seeking to get a returns agreement with France, alongside new arrangements on issues such as family reunion, but at the moment, the Government have so undermined their relationship with France and other European countries that they have totally failed to get any of those agreements in place, and they are making it harder to do so with this Bill. If the hon. Member believes that returns agreements are needed, or if he believes that new, alternative arrangements around family reunion or other issues are needed, he should oppose the Bill, because it will make it harder to get any of those agreements in place. The Bill is undermining the international co-operation and international law that all of those other countries depend on.

Consider what the Bill means for the young Vietnamese woman who has been trafficked into sexual exploitation, repeatedly raped and beaten by the criminal gangs who brought her here and who control and dictate her life. Under the Bill, if the police find her when they bust the brothel, she will not be able to get modern slavery support any more: she will not be able to go to a safe house or get help from the Salvation Army. Instead, she will just be locked up in one of the Home Office detention centres. If she co-operates with the police for a bit, she might get some temporary support, but if that police investigation is closed, her world comes crashing down again. Here is what the Prime Minister tweeted about all of that:

“If you come to the UK illegally…You can’t benefit from our modern slavery protections…you will be…DENIED access to the UK’s modern slavery system”.

Think on that. Bringing people into the UK illegally in order to control and exploit them is exactly what trafficking is. Cross-border trafficking is, by definition, a major form of modern slavery, yet this Government are proposing to just wish it away—to exclude it entirely from the modern slavery system, as if the very fact of crossing borders somehow stops it from being slavery at all. The message from the UK Government to the criminal trafficking and slavery gangs is this: “Don’t worry, so long as you bring people into the country illegally, we won’t help them. In fact, we will help you: we will threaten those people with immediate detention and deportation, so that you can increase your control over those trafficking victims.” This Bill is a traffickers’ charter.

The previous Prime Minister but three, the right hon. Member for Maidenhead (Mrs May) promised to end modern slavery, and I respect the work that she did, but this one—the current one—wants to enable it. How low has the Tory party fallen? It is even worse for children. This Bill allows the Home Secretary to lock them up indefinitely, with all safeguards removed. It allows her to remove unaccompanied children without even considering the details of their case and whether they have fled from persecution. Once they hit 18, the Bill requires her to remove them, even if the only family or support they have in the entire world is here in the UK, and even if they have been exploited and abused by criminal gangs. The Bill denies them any protection from modern slavery and makes them forever illegal in the UK.

[Wayne David (Caerphilly) (Lab)]

Does the shadow Home Secretary share my concern that there was not pre-legislative consultation with the Children’s Commissioner? Why does she think that was the case?

[Yvette Cooper]

My hon. Friend is right, and the Children’s Commissioner is appalled by some of the measures in the Bill and the lack of consultation, too. Remember those hundreds of children missing from asylum hotels, who have almost certainly been picked up by the smuggler and trafficking gangs? This Bill makes it even harder to get those kids back, and it makes it even easier for those gangs to increase their control. It means no sanctuary, or just temporary support at most for Eritrean girls, who will most likely have been raped or exploited, or for the 12 and 13-year-olds I met a few years ago, brought here by gangs from Afghanistan, or for children who endure what happened to Mo Farah. They would be denied refuge; they would be denied citizenship; they would be locked up and threatened with return. The Home Secretary may not want to admit it, but that is what this Bill does. It denies citizenship forever for people like Mo Farah.

The Tory party once voted to introduce safeguards on the detention of children, and it was right to do so. The Tory party once voted to introduce the Modern Slavery Act 2015, and it was right to do so, but what has happened to the Tories now? How low have they fallen and how far down are they trying to drag our proud country? That is what this Bill is: an attempt to drag our whole country down. They know that the Bill will not work to stop boat crossings or the gangs. They know it will not clear the backlog and that it will make the chaos worse. They know it will stop children and trafficked people getting help and will play into the hands of criminal gangs, and they know it will undermine our reputation in the eyes of the world as a country that believes in the rule of law, but they do not care, because this is about political games. This is about a lame Prime Minister making promises that he has no intention of keeping. All he wants is a dividing line, all he wants is to pick a fight, and all he wants is someone else to blame. He does not care if our international reputation or some very vulnerable people pay the price.

[Simon Hoare (North Dorset) (Con)]

Will the right hon. Lady accept that many on the Government side of the House—me included—will vote for this Bill this evening, but with the clear understanding that we wish to see amendments to it as it progresses through Parliament, particularly in relation to women who are trafficked and to children? Our votes are being given in good faith tonight, in the expectation that the Bill can be amended. Does she accept that?

[Yvette Cooper]

I do recognise that there are Members on the Government Benches who are deeply troubled by many of the measures in this Bill. I recognise that, and I think that reflects quite how far the Conservative party has fallen, and I am sorry that that has happened. This is an area where we should be able to build consensus, not division. In past eras, there has been consensus, for example on support for Syrian refugees. If we go back generations, there was consensus on support for the Kindertransport. There has been that support in place. We have also had past consensus about practical, sensible measures around border security, too.

It should be possible to build that consensus, and we would work with the Government to do that, but that is not what we are getting from the Conservative party, the Conservative Government, the Prime Minister and the Home Secretary. Instead, we have a Home Secretary who is happy to ramp up the rhetoric, rather than ever to build a calm consensus around a practical plan that sorts things out. How desperate have things become if what they are doing is ramping up hostility and hatred towards the victims of trafficking and slavery? That is not leadership. Britain is better than this.

Labour will vote for action to stop the gangs and to prevent these dangerous boat crossings. We will vote for a new cross-border police unit, for fast-track decisions and returns to clear the backlog and end hotel use, and for new agreements with France and other countries on returns, on family reunions and on reforming resettlement. We will vote for action that rebuilds border security and restores a properly functioning, credible asylum and refugee system that is properly controlled. We will not vote, however, for more chaos. We will not vote for a traffickers’ charter that lets criminal gangs off the hook, that fails to tackle dangerous boat crossings and that locks up children and leaves some of the most vulnerable people undermined. We will not vote for this Bill tonight.

[Several hon. Members rose—]

Illegal Migration Bill

Yvette Cooper Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

Let me make some progress.

I am also acutely concerned that we balance that with the very real safeguarding risks posed by young adults pretending to be children. This is not a theoretical issue; it is one that we see every day unfortunately. Today, a very large number of young adults do pose as children. In fact, even with our current method of age assessment, around 50% of those people who are assessed are ultimately determined to be adults. We have seen some very serious and concerning incidents in recent months. There are few more so than that raised in this House by my right hon. Friend the Member for Bournemouth West (Conor Burns) when one of his constituents, Thomas Roberts, was murdered by an individual who had entered the UK posing as a minor and, during his time in the UK, had been in education, in the loving care of foster parents and in other settings in which he was in close proximity to genuine children.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Minister has raised the awful case of Thomas Roberts. I have asked him repeatedly why it was not known that the murderer was wanted for murder in Serbia and why it was also not known that he had already been turned down for asylum in another European country. Why did the authorities and Border Force not know that information?

[Robert Jenrick]

As I said in answer to an Adjournment debate on this issue, I have commissioned a review of all of the circumstances surrounding that most serious case so that we can understand the multiple failures that may have happened while that individual has been in the United Kingdom and what lessons we need to learn. Separate to that, I have taken further steps to enhance the security checks that are conducted when individuals arrive at the Western Jet Foil and at Manston, aided by the change in the law that I made earlier in the year so that we have, in extremis, up to 96 hours in which to hold individuals in that setting while we conduct those security checks. I am working closely with the security services, police and the National Crime Agency in that regard. If there are other things that we need to do, we will do them, and if there are other databases that we should be arguing for access to we will certainly do so, because it is critical that we secure our borders in this regard.

Illegal Migration Bill

Yvette Cooper Excerpts

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Minister is being pressed on the nature of accommodation or detention that children and young people will be held in. The spirit behind the Minister’s intention matters. Therefore, will he tell us if is it true that he gave orders to the asylum reception centre to paint over children’s cartoons? If so, why? Nobody believes that Mickey Mouse cartoons encourage or deter boats from arriving; they simply think that the Minister is not showing common decency towards vulnerable children.

[Robert Jenrick]

I have been clear in answer to the right hon. Member for Leeds Central (Hilary Benn) that we provide very high quality care at all the centres in which we support unaccompanied children. We did not think that the set-up in that particular unit was age-appropriate, because the majority of the individuals who passed through it unaccompanied last year were teenagers. That does not change the fundamentals that we support with decency and compassion anyone who comes to this country.

The right hon. Lady is missing the point: this Bill seeks to reduce the number of unaccompanied minors coming to the United Kingdom, precisely because we want to protect them and ensure that they are not victims of people smugglers and human traffickers. I take at face value her support for those individuals, but if she wanted to reduce that trade, she would support the Bill or come forward with a credible alternative. She has not done so. Her compassion is, to a degree, performative, because she does not come forward with alternatives that would genuinely support individuals.

Let me move on to modern slavery. The provisions in the Bill relating to that have been of particular concern to my right hon. Friends the Members for Maidenhead and for Chingford and Woodford Green. I welcome the opportunity in recent days to discuss with them the Lords amendments on this issue. It remains our view that there are clear opportunities to misuse modern slavery protections, and it is therefore essential that we take steps in the Bill to prevent misuse. The national referral mechanism rate for people arriving in the UK on small boats and being detained for return has risen from 6% for detentions ending in 2019 to 73% in 2021. The referral rate has since fallen slightly to 65% for detentions ending between January and September. The 33% increase in NRM referrals from 2021 to 2022 has put the NRM under serious strain, which is only getting worse as the trends increase in one direction. There is significant and increasing pressure on public services, which is why we want to take action.