Nationality and Borders Bill

Yvette Cooper Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Priti Patel]

I shall go on to refer specifically to the time it takes to process cases, but the right hon. Gentleman will also be familiar with the number of appeals involved. This is not just about initial decisions; it is about the system itself, seen from an end-to-end perspective. That is why—and I will go on to make this case as well—in our new plan for immigration, as the right hon. Gentleman and all other Members will be aware, we are speaking about comprehensive end-to-end reform of the asylum system that looks at every single stage.

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

Will the Home Secretary explain why the number of initial decisions—not appeals—made by the Home Office dropped by 27% between 2015 and 2019, before the pandemic started?

[Priti Patel]

I thank the right hon. Lady for her question. In relation to the initial decision making—this point is absolutely in our new plan for immigration—we are looking not just at caseworkers, but at digitalising the system to make it much more efficient. The fact is that when more cases are coming in that are down to things such as illegal immigration—people being exploited by coming into the country illegally—the number of cases in the system has gone up. That is a fact. Cases have gone up over a significant period of time.

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[Priti Patel]

My right hon. Friend is absolutely right. Without going into detail here, I give him the assurance that this is effectively what we are seeking to achieve and are working on right now. The point has been very well made by him and by the Centre for Social Justice. Linked to his comment, it is right that we pool all our resources into helping genuine victims of modern slavery and that we do not allow dangerous foreign criminals, who are effectively pushing aside real victims, to go on to abuse the system for their own despicable means.

We already maintain a list of safe countries that consistently adhere to international human rights law, to stop people delaying removal by falsely claiming that their human rights are at risk. Every EU country will be on that list, as they are safe countries. That speaks to the point frequently made and discussed in this House that people moving through safe countries—through EU member states—should seek to claim asylum in the first safe country, not to come to the UK as a destination of choice. Furthermore, we are taking a power to allow us to remove countries from the list as well as adding them to it, so that the list can remain relevant and appropriate to our needs as assessments change.

If someone’s human rights claim is clearly unfounded, there will no longer be a right to appeal. Whether someone has complied with the asylum or removal process will also be considered when deciding whether to grant immigration bail. Other countries must co-operate when taking back those citizens who have no right to be in the UK. If countries do not co-operate in the return of their nationals, their access to our generous, fast and open visa system will be at risk. Every effort will be made to remove those who enter the UK having travelled through a safe country in which they could and should have claimed asylum.

For the first time, how people arrive in our country will impact on how their claim is progressed. Those we cannot remove but whose claims prevail will receive only temporary status with limited entitlements. Anyone who arrives in the UK via a safe third country may have their claim declined and be returned to a country they arrived from or a third safe country.[Official Report, 22 July 2021, Vol. 699, c. 9MC.] People who make a successful claim after arriving via another safe country may receive new temporary protection status without the same benefits and entitlements, and that will be reassessed periodically.

The Bill also makes it easier to remove someone to another safe country while their asylum claim is being processed and enables us to recover taxpayers’ money from lawyers where their unreasonable behaviour wastes the courts’ and other parties’ resources.

[Yvette Cooper]

Will the Home Secretary give way?

[Priti Patel]

No, I will not give way. I have taken many interventions.

We are also closing the loophole that has prevented the defence of some immigration decisions on the ground of national security.

I am resolute that we must fix a terrible injustice suffered by the Windrush generation and others who were denied British citizenship unfairly—

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[Mrs May]

I absolutely agree with my hon. Friend. That is why the work being done—I shall refer to this later—to increase the economic development of the countries that people are coming from, and to deal with the criminal gangs, is so important.

I have set out three principles, which I am pleased to say underpin the Bill. First, we must help to ensure that refugees claim asylum in the first safe country they reach. The current trend, where refugees reach a safe country and then press on with their journey, can only benefit criminal gangs and expose refugees to grave danger. The refugee convention does not state that refugees must claim asylum in the first safe country they come to. We were able to exercise that rule in the Dublin regulation as part of the European Union. Obviously that is not applicable to us now, and indeed the EU has since changed the Dublin regulation.

Secondly, we need to improve how we distinguish between refugees fleeing persecution and economic migrants, which will help to target support on those refugees who need it most, as well as encouraging people to support such a measure if they see that the people who are coming are genuinely refugees. Thirdly, we need a better approach to managing economic migration, which recognises that all countries have the right to control their borders. We must all commit to accepting the return of our own nationals when they have no right to remain elsewhere.

Sadly, as the Home Secretary said, the business of people trafficking has increased in recent years. To the criminal gangs, it does not matter whether they deal in drugs, weapons or desperate people—it is all the same; they want to make money. Breaking their business model is essential. That means stopping the routes available to them, but it also means catching and prosecuting them. That requires international co-operation. We have been very strong on international co-operation, and we must encourage more countries around the world to see this as an issue on which they should be working with us, and others.

I recognise that the Bill focuses on differentiating between those who came here legally and illegally, and I understand why the Government have gone down that route, but that in itself does not address the issue of better differentiating between refugees and economic migrants. I hope that the Government will give some thought to how they can work internationally to try to deal with that.

The concept that Britain could process asylum claims outside the UK came up when I was Home Secretary, and there was a lot of discussion on it in the European Union, but we did not go down that route because of practical concerns. It would not automatically remove the criminal gangs’ business model, because they would get people to the centre and still take those rejected by the centre and move them on across the Mediterranean, so there could be an increase in people being picked up and taken into slavery. There is also the problem of what we do with those people who are rejected for asylum but cannot be returned to their country of origin. The concept of allowing asylum to be granted outside the UK is also a major step, and it would have ramifications for any Royal Navy or Border Force vessel operating humanitarian missions in the Mediterranean, for example.

On seeking protection but entering illegally without a valid entry clearance becoming a new criminal offence, we must not send the message that somebody genuinely fleeing persecution whose only route out of that persecution is to the UK will automatically be seen as a criminal. I also echo the comments made by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith).

[Yvette Cooper]

Does the right hon. Lady agree that part of the concern is about ensuring that the modern slavery provisions do not end up being drawn too tightly?

[Mrs May]

I am grateful to the right hon. Lady for her intervention, because I am coming on to that point. I am sure that across the House we are sickened to know that some are abusing our world-leading modern slavery legislation in trafficking people into this country. We need to deal with the problem, but I have two concerns with the Bill. The first is about timing and the issue that the Secretary of State can require information to be provided within a specified period. It takes time for many victims of modern slavery to identify as a victim, let alone be able to put forward the evidence to establish that. I would like reassurance about how that power will be exercised.

Secondly, I would like an explanation about the change from needing reasonable grounds that a person may be a victim of modern slavery to reasonable grounds that a person is a victim of modern slavery. I know we need to toughen up to ensure that the law is not being abused, but again this relates to the degree of information that an individual may be able to provide at an early stage in consideration of their case.

I understand the complexity of the issues with which the Government are dealing in this area of policy. There always seems to be a need for a new immigration Bill because people are always trying to find loopholes that they can use to get here, so we must have legislation that not only strengthens the Government’s ability to deal with illegal immigration but continues to show that the UK is a country that welcomes those who are genuinely fleeing from persecution.

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

I am grateful to be able to follow the right hon. Member for Romsey and Southampton North (Caroline Nokes), who has worked hard on this issue.

There should be widespread agreement that the UK should do its bit to support those fleeing persecution and torture, that the system should be fair and not be undermined, that there should be a crackdown on the criminal gangs who exploit people’s misery and desperation, and that we should prevent the dangerous journeys across the channel in unsafe boats in which lives are put at risk. That includes encouraging asylum much earlier. In this House, we have debated many different ways to tackle those problems in a calm and common-sense way that avoids stoking division or promoting hostility against those who are most vulnerable, because we know where that leads. However, that is one of the things that troubles me about the debate and the approach Ministers are taking.

I also think that the Bill is counterproductive. It is likely to attract more people into the UK asylum system and drive more people into the arms of criminal gangs. The caseload, the backlog, is not a reflection of an increase in applications. In fact, those have stayed at about 30,000 a year—with a drop recently, during the pandemic—but the number of initial decisions made dropped 27% between 2015 and before the pandemic.

The Bill will make that worse, because there is no serious return agreement to replace the Dublin agreement for people who have travelled through a third country. Under the provisions of the Bill, asylum seekers who have travelled through third countries will have to wait in the system for six months. Those whose claims are unfounded will not be assessed or be returned, and those whose claims are justified and who need support will not be able to get on with their lives, to start working and rebuilding their lives here. Moreover, instead they will be waiting, dependent on the support of the Home Office, dependent on making the system more costly for the taxpayer.

Rightly, the Government say that we should prevent dangerous routes, but the Government have cut the alternative safe legal routes. The resettlement scheme has been halted, with no commitment for how many people will be supported.

[Chris Philp]

It has not halted.

[Yvette Cooper]

I will give way to the Minister if he wants to tell me how many places will be included in the resettlement scheme when it restarts.

[Chris Philp]

It never stopped. When we met the 20,000 commitment in February this year, the UK resettlement scheme continued. Obviously making a precise numerical commitment is difficult, given the coronavirus circumstances, but it has never stopped; it continues to this day.

[Yvette Cooper]

Everybody understands the pressures of the coronavirus crisis, but what we need is a commitment to the number of places. The UK has been resettling approximately 5,000 a year over the past few years as a result of cross-party consensus to support Syrian refugees, but we have not yet heard a commitment. Will it be 5,000? Will it be 10,000? What will the support be from the Government to ensure that the resettlement scheme continues?

The Dubs scheme has been cancelled, even though we know the need for support for those who are most vulnerable, and the Dublin family reunion system has not been replaced. Safe Passage, which works with young people in need of family reunion, said that last year, under the Dublin scheme, all the young people it worked with on family reunion went through the legal system; they did not try to go with people traffickers or people smugglers through a dangerous route. This year, however, under the new system, a quarter of the children and young people it has worked with had given up in frustration, sought to try illegal routes and ended up in the hands of people smugglers or people traffickers as a result. Those are the dangers that we face: if there are not safe legal routes for family reunion, we end up with more people driven into the hands of dangerous criminal gangs.

Clause 26, on offshore processing, is perhaps most troubling of all. The Government floated a range of impossible proposals: sending asylum seekers to be processed on Ascension Island or disused oil platforms or, most recently, sending them to Rwanda. Of course those proposals are impossible, but it is deeply troubling that the Minister even thinks that it is okay for them to be floated and for him not to deny them. We heard from Australia about how its offshore processing simply did not work in the end. It stopped doing it in 2014 because there were too many humanitarian and practical problems and it was costing approximately 1 billion Australian dollars a year to accommodate just 350 people.

This is not an answer. It is deeply shameful and undermines our international reputation. We need France, Spain, Italy, Greece and countries across the world to work together, but for that we need to show proper international leadership and not undermine our reputation.