PARLIAMENTARY DEBATE
Nationality and Borders Bill - 26 April 2022 (Commons/Commons Chamber)
Debate Detail
Lords amendments 6D, 6E and 6F, and Government motion to disagree.
Lords amendments 7F and 7G, and Government motion to disagree.
In that sense, I welcome the steps that have been taken in the last few days. I hope my right hon. Friend will be reassured to know that we are working hard to make sure this is operationalised without delay and that, of course, people are on flights as quickly as possible. What we do not want at any stage—this goes back to why we need fundamental reform of the asylum system—is delay in the system. We want people to have certainty either way.
The central premise of this Bill is that, as an alternative to irregular routes, there should be safe and legal routes. Aside from the specific programmes for Ukraine, Afghanistan and Hong Kong, will the Minister spell out clearly to the House what legal routes are available to asylum seekers?
It is simply unnecessary, inappropriate and unconstitutional for the courts to have a duty to make declarations of incompatibility in circumstances where questions of compliance have already been determined by Parliament, so we cannot accept Lords amendment 5D.
On differentiation, Lords amendments 6D to 6F would make it harder to differentiate by placing significant evidential burdens on the Secretary of State. They would also set out our existing legal obligations on the face of the Bill, such as our duties under the refugee convention and the European convention on human rights, especially the article 8 right to family life. All of this is either unnecessary or unacceptable. We therefore do not accept these amendments.
Finally, the arguments on the right to work have been well rehearsed at several points in the passage of the Bill. In principle, we are concerned about the way in which this would undercut the points-based system, which we believe is the right system for facilitating lawful migration into our country—that skills-based approach, exactly as the British people voted for in the referendum in 2016. I go back to this point: our objective is to speed up caseworking, which then, of itself, ensures that we do not need to go down the route—
The Bill is an essential element of the plan, and the sooner it passes, the sooner we will be able to deliver the longer-term solutions we need to protect vulnerable people. I note again the lack of alternative being offered from other parts of the House. I therefore commend our Bill to the House.
The truth is that, with every decision this Government make and every ill-conceived scheme they put in place, they make fixing our broken asylum system ever harder. The first of these failures is on the asylum waiting lists. Under this Home Secretary, the Home Office is processing 50% fewer cases than five years ago—the result: 37,000 asylum seekers languishing in expensive hotels, costing the taxpayer an eye-watering £4.7 million per day. Labour would invest to save by increasing the number of caseworkers and decision makers so that processing times and hotel bills are radically reduced. [Interruption.]
It is in this context that we are supporting Lords amendment 7F today, which would give the 60,000 asylum seekers on waiting lists the right to work, to be reviewed after two years, thereby reducing the burden on the British taxpayer and boosting the Exchequer.
Secondly, during his negotiations with the EU, the Prime Minister completely failed to replace the Dublin III regulation, which means that we can no longer return refugees to the country in the EU where they would have first sought asylum. Numbers have increased because this Conservative Government lost control of our borders by losing our long-held power to send people back.
Only the Labour party can reset the UK’s relationship with France and the EU, and from there strike a robust removal agreement that would truly act as a deterrent against the criminal people smugglers by breaking their business model. A Labour Government would also engage with Europol and the French authorities to create effective co-operation in the pursuit and prosecution of the criminal gangs who are running the people smuggling and human trafficking, rather than the constant war of words with our European partners and allies, which is all we ever get from this headline-chasing Government. Cheap headlines are all they care about, as everybody on the Labour Benches knows.
Thirdly, absolutely none of the Government’s safe and legal routes seems to work. The Afghan citizens resettlement scheme is not even off the ground. The Syria route has been ditched. The Dubs scheme for unaccompanied children has also been cancelled. The Ukraine scheme today had a queue three hours long in Portcullis House of MPs’ staffers fighting for Ukrainians on behalf of their constituents, because the visas simply are not getting processed. Somehow, the Home Secretary has managed to turn an inspiring tale of British generosity into a bureaucratic nightmare. Labour would make safe and legal routes work, which in turn would strike another blow against the people smugglers.
Fourthly, in respect of the Government failures that I touched on earlier, the Bill is emblematic of the Home Secretary’s tendency to make the challenges of our asylum seeker system even harder to overcome. She claims that the Rwanda offloading plan will solve the challenges that our immigration system faces, but her Minister for Refugees dismissed the plan as impossible just a week before the announcement, saying:
“If it’s happening in the Home Office, on the same corridor that I’m in, they haven’t told me about it…I’m having difficulty enough getting them from Ukraine to our country. There’s no possibility of sending them to Rwanda.”
Up and down the country, the British people are counting the cost of this Government—£4 billion of failed or overrunning defence contracts under this Prime Minister since 2019 alone; £16 billion of covid fraud; and a £7-a-year increase on energy bills without any meaningful support whatsoever—and now British taxpayers are told that they have to foot the bill for this pie-in-the-sky Rwanda plan, which will cost at least three times the amount we currently spend on asylum seekers, and possibly even 10 times more.
At Home Office oral questions yesterday, the Minister could not answer a single question that I asked him about the cost of the Rwanda plan. I asked him: how many refugees does he expect to send to Rwanda each year? The Prime Minister says “tens of thousands”; is that correct? What will the cost be per single refugee going to Rwanda? What will the £120 million sweetener being paid by the UK to Rwanda actually be spent on? How many asylum seekers can Rwanda’s detention centres house at any given time? Finally, given that the top civil servant at the Home Office refused to sign off on the Rwanda plan, citing concerns over value for money, when will the Minister publish a full forecast of the costs?
The Rwanda offloading plan is not only a grotesquely expensive gimmick that is unlikely to deter people smugglers in the long-term, but deeply un-British. Dumping this challenge on a developing country 4,000 miles away, with a questionable record on human rights, raises serious concerns about whether this legislation complies with the UN refugee convention. That is why we will back Lords amendment 5D.
Another deeply un-British part of the Bill was the idea that the rubber dinghies could be pushed back out to sea. Yesterday, we witnessed the Home Secretary’s latest screeching U-turn—this time reversing a particularly unhinged part of the legislation. The Home Secretary’s pushback policy was almost completely unworkable, as she was told by the Border Force, by the French, by the Ministry of Defence and even by her own lawyers. As we learned from court documents published yesterday, she had actually agreed that pushbacks could not be applied to asylum seekers in the channel, but she tried to keep that secret so that she could keep up the bravado and tough talking. We hope that she will correct the record.
I have already pointed out—
I have already pointed to the work and refugee convention amendments, but we also need to address differential treatment. Lords amendments 6D, 6E and 6F provide that a person can be a tier 1 refugee if they have travelled briefly through countries on their way to the UK, as somebody from Kabul or Kyiv would have to, or if they have delayed presenting themselves to the authorities for a good reason. They would also require compliance with the refugee convention and state that family unity must be taken into account. The Government should get behind the amendments. What in them can there possibly be to disagree with?
The channel crossings have been taken out of the Home Secretary’s hands and handed to the Ministry of Defence and the Royal Navy. The Ukrainian refugee scheme has been handed over to the Secretary of State for Levelling Up, Housing and Communities. This Sunday, the former director general of borders and immigration called for a new immigration Department to remove responsibility from the Home Office. With her Department now effectively in special measures, will the Home Secretary not just for once do the right thing and accept the amendments today, so that we can begin to repair some of the damage done by this deeply counterproductive legislation?
The hon. Gentleman also said that the system needs to be efficient. I spoke about Edmund Burke on Second Reading; he said that the test of civil society and the policy that relates to it was justice, and that when a policy ceased to be just it was barely a policy at all. For a policy to be just, it has to be ordered, efficient and consistent. Immigration policy has struggled with order, efficiency and consistency for a very long time. On that, the hon. Gentleman was also right.
However, the hon. Gentleman is fundamentally wrong about the amendments for the following reasons. First, the Lords seem unwilling to grasp a nettle that, as he described, previous Governments have also failed the grasp. That nettle is sorting out and amending a broken system to ensure that we can continue to give safe refuge to people in desperate need, and that the system cannot be routinely and persistently gamed—by people traffickers and, actually, by economic migrants pretending to be asylum seekers. That is the fact, and we have to face it and reform the system so that we can differentiate between the two. The Government are trying to do that. It is not an easy process, but the Lords seem to me to misunderstand the Government’s intention, which is to create a consistent, ordered and effective system.
In specific terms, the amendment pertaining to the Refugee Council is unnecessary because part 2 of the Bill is already in line with the Refugee Council. I am amazed to hear the hon. Gentleman say that asylum seekers should be allowed to work. What sort of signal does that send out to legitimate migrants who have come to this country seeking to perform a role in our economy to serve this country? What sort of signal does it send out to indigenous Britons—of all types and races, by the way—who are unemployed and seeking a job, when they are told they must compete with people arriving in the country as asylum seekers? That seems to be a nonsense, yet that is what the Lords amendment suggests.
A rather perplexing set of votes in the other place means that we are down to just three Lords amendments. While the remaining amendments may be small in number, however, they are huge in significance. Assuming that this place fails to do its duty by agreeing to them, I hope the other place, unlike the Minister, will do its duty by continuing to insist on them.
With the exception of some welcome provisions on nationality, we continue to believe the whole Bill should be scrapped. However, for as long as it is before us, we support amendments that seek to ensure as far as possible that the Government act in accordance with the refugee convention and allow that compliance to be considered by the courts. That means accepting their lordships’ amendments on interpretation and on restricting the offensive clauses on differentiation.
The Government have totally lost the argument. The overwhelming weight of legal opinion, as well as that of the United Nations High Commissioner for Refugees, is on our side of this argument. No one with an ounce of common sense would just accept this Government’s assurances that everything accords with the refugee convention, nor would they give up the ability to test it in court—and we certainly should not. Today, it seems that the Minister’s argument is basically that it is Parliament’s role just to declare itself in compliance with the refugee convention. Of course that is absolute nonsense.
I reiterate SNP support for the right to work for asylum seekers, and pay tribute to the Lift the Ban coalition members, including in particular the Maryhill Integration Network and many others who have campaigned with passion and integrity on this issue. This policy is the right thing to do for integration, it is right for the public purse and therefore it is right for our citizens and overwhelmingly right for asylum seekers.
The evidence against the policy remains pathetically weak to non-existent, and warm words about deciding cases within six months mean nothing when that prospect appears as remote as ever. The reality is that people are being left in limbo for years, and excluding them from the labour market for years risks effectively excluding them from work forever and undermining integration.
The Home Secretary has repeatedly told us that she is all for safe legal routes. Indeed, last week she told my right hon. Friend the Member for Dwyfor Meirionnydd (Liz Saville Roberts), the leader of the Plaid Cymru group in Parliament, that this Bill
“actually puts safe and legal routes into statute.”—[Official Report, 19 April 2022; Vol. 712, c. 41.]
The Home Secretary has complained on various occasions that I have not read the Bill, but I am beginning to question whether she has read her own Bill, because that is clearly utter baloney. There is not a single sentence in the Bill as it stands that puts a safe legal route into statute. On the contrary, clause 11 empowers the Secretary of State to diminish safe routes for family members. Their Lordships’ amendments give just a little bit of protection for those rights.
The final argument I want to make relates, believe it or not, to the 2019 Conservative party election manifesto. In advance of this debate, I forced myself to look at that document; indeed, I forced an unfortunate member of my staff to look at it as well. As far as we can see, the words “asylum” and “refugee” feature in that manifesto only once, and in the following terms:
“We will continue to grant asylum and support to refugees fleeing persecution, with the ultimate aim of helping them to return home if it is safe to do so.”
The manifesto also said:
“We will ensure no matter where in the world you or your family come from, your rights will be respected and you will be treated with fairness and dignity.”
This Bill not only breaches the refugee convention, but is utterly contrary to the 2019 Government manifesto. There is nothing in that manifesto about driving a coach and horses through the refugee convention. There is nothing about criminalising—
The proposals in the Bill, and the Government’s determination to overturn repeated amendments of the House of Lords on this aspect, are literally inhumane. The Minister stands at the Dispatch Box and says that we fully comply with the refugee convention and therefore an amendment to put the refugee convention into the Bill is unnecessary. He is contradicting himself in his own terms. Instead the Government want to make criminals out of Eritrean human rights defenders fleeing for their lives, LGBT+ women and men from Rwanda seeking a more tolerant society in which to live, and Ukrainians who, for whatever reason, cannot get through the interminable Home Office visa processing system to reunite here with friends and families.
When the Minister winds up, can he explain whether the effect of the Bill and the agreement is that if a young Ukrainian man arrives at the UK border without documentation, he will be criminalised—or will he be sent to build a new life in Rwanda? Indeed, when an asylum seeker from Rwanda arrives here on a small boat, will they be sent back to Rwanda to seek asylum and rebuild their life? How is that possibly supposed to work? In what world could that possibly match with the provisions and duties that this country has under the terms of the refugee convention as outlined in Lords amendment 5?
It is not just the Archbishop of Canterbury who is speaking out on this—and incidentally he has every right to do so, because he is a member of the legislature as a Member of the House of the Lords—because religious leaders across the country have written to us. In amendment 7, the Lords calls once again for asylum seekers to be granted the right to work—not granted the right to work but for their right to work to be recognised, because the right to work is a fundamental human right that cannot be taken away. Using your labour to earn your keep is such a right. I echo the tribute that my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) paid to the work of the Maryhill Integration Network in this regard. Denying that opportunity to asylum seekers, along with the denial of access to public funds in some cases, is not only degrading to them but actively harmful to our own economy and to wider society.
This Bill has been of huge concern to constituents in Glasgow North who have followed it right the way through every single level of amendments that we have had from the House of Lords. Over the course of the Bill’s progress, I have had literally hundreds of messages, ultimately asking for the whole Bill to be withdrawn, but if not, then at least to try to humanise it wherever possible, as their lordships have tried to do this evening. If the Government will not listen to the House of Lords and will not listen to people in Scotland, where is the precious Union? Where is what we are supposed to be doing in working together? The Scottish Parliament is ready and willing to accept responsibility for immigration law, and the people of Scotland are ready to accept it and all the other powers that go along with being an independent country.
I wish to support, in particular, Lords amendment 5D, moved by Baroness Chakrabarti, who has worked tirelessly in her opposition in tabling significant amendments to this horrendous Bill. This amendment sets out that the provisions of this part of the Bill must be read and given effect in a way that is compatible with the refugee convention.
I express my concerns about the Bill’s compatibility with our international obligations, particularly following the announcement of the memorandum of understanding between the Home Secretary and the Rwandan Government. Senior legal representatives have commented on that agreement, including Stephanie Boyce, the president of the Law Society of England and Wales, who recently said that there are
“serious questions about whether these plans would or could comply with the UK’s promises under international treaty”.
We all know that the Government’s proposal of pushbacks of boats in the channel has been abandoned this week in the face of legal scrutiny in the courts. I put on record my thanks to the Public and Commercial Services Union—the trade union of Home Office staff, including Border Force staff—and the charities Care4Calais, Channel Rescue and Freedom from Torture for taking on this legal challenge. As PCS general secretary Mark Serwotka, a fellow Welsh person, said:
“This humiliating climbdown by the government is a stunning victory for Home Office workers and for refugees. There is little doubt that lives have been saved.”
This action has demonstrated that the Government’s bluster about a legal basis for the pushback policy was just that. Are we now meant to take at the Home Secretary’s word that the “New Plan for Immigration” and the horrendous, inhuman, unethical Rwanda policy are just as legally watertight? Forgive me if I am sceptical.
Question put, That this House disagrees with Lords amendment 5D.
Motion made, and Question put, That this House disagrees with Lords amendments 6D, 6E and 6F—(Tom Pursglove.)
Lords amendments 6D, 6E and 6F disagreed to.
More than one hour having elapsed since the commencement of proceedings on the Lords message, the proceedings were interrupted (Programme Order, 22 March).
The Deputy Speaker put forthwith the Question necessary for the disposal of the business to be concluded at that time (Standing Order No. 83G).
Motion made, and Question put, That this House disagrees with Lords amendments 7F and 7G.—(Tom Pursglove.)
Lords amendments 7F and 7G disagreed to.
Motion made, and Question put forthwith (Standing Order No. 83H), That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendments 5D, 6D, 6E, 6F, 7F and 7G.
That Tom Pursglove, Scott Mann, Paul Holmes, Chris Clarkson, Stephen Kinnock, Chris Elmore and Stuart C. McDonald be members of the Committee;
That Tom Pursglove be the Chair of the Committee;
That three be the quorum of the Committee.
That the Committee do withdraw immediately.—(Michael Tomlinson.)
Question agreed to.
Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
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