PARLIAMENTARY DEBATE
Illegal Migration Bill - 7 March 2023 (Commons/Commons Chamber)
Debate Detail
Two months ago, the Prime Minister made a promise to the British people that anyone entering this country illegally will be detained and swiftly removed—no half measures. The Illegal Migration Bill will fulfil that promise. It will allow us to stop the boats that are bringing tens of thousands to our shores in flagrant breach of both our laws and the will of the British people.
The United Kingdom must always support the world’s most vulnerable. Since 2015 we have given sanctuary to nearly half a million people, including 150,000 people from Hong Kong, 160,000 people from Ukraine and 25,000 Afghans fleeing the Taliban. Indeed, decades ago, my parents found security and opportunity in this country, for which my family are eternally grateful.
Crucially, these decisions are supported by the British people precisely because they are decisions made by the British people and their elected representatives, not by the people smugglers and other criminals who break into Britain on a daily basis. For a Government not to respond to the waves of illegal migrants breaching our borders would be to betray the will of the people we were elected to serve.
The small boats problem is part of a larger global migration crisis. In the coming years, developed countries will face unprecedented pressure from ever greater numbers of people leaving the developing world for places such as the United Kingdom. Unless we act today, the problem will be worse tomorrow, and the problem is already unsustainable.
People are dying in the channel. The volume of illegal arrivals has overwhelmed our asylum system. The backlog has ballooned to over 160,000. The asylum system now costs the British taxpayer £3 billion a year. Since 2018, some 85,000 people have illegally entered the United Kingdom by small boat—45,000 of them in 2022 alone. All travelled through multiple safe countries in which they could and should have claimed asylum. Many came from safe countries, such as Albania, and almost all passed through France. The vast majority—74% in 2021—were adult males under the age of 40, rich enough to pay criminal gangs thousands of pounds for passage.
Upon arrival, most are accommodated in hotels across the country, costing the British taxpayer around £6 million a day. The risk remains that these individuals just disappear. And when we try to remove them, they turn our generous asylum laws against us to prevent removal. The need for reform is obvious and urgent.
This Government have not sat on their hands. Since this Prime Minister took office, recognising the necessity of joint solutions with France, we have signed a new deal that provides more technology and embeds British officers with French patrols. I hope Friday’s Anglo-French summit will further deepen that co-operation.
We have created a new small boats operational command, with more than 700 new staff; doubled National Crime Agency funding to tackle smuggling gangs; increased enforcement raids by 50%; signed a deal with Albania, which has already enabled the return of hundreds of illegal arrivals; and are procuring accommodation, including on military land, to end the farce of accommodating migrants in hotels.
But let us be honest: it is still not enough. In the face of today’s global migration crisis, yesterday’s laws are simply not fit for purpose. So to anyone proposing de facto open borders through unlimited safe and legal routes as the alternative, let us be honest: there are 100 million people around the world who could qualify for protection under our current laws. Let us be clear: they are coming here. We have seen a 500% increase in small boat crossings in two years. This is the crucial point of this Bill. They will not stop coming here until the world knows that if you enter Britain illegally, you will be detained and swiftly removed—back to your country if it is safe, or to a safe third country, such as Rwanda.
That is precisely what this Bill will do. That is how we will stop the boats. This Bill enables the detention of illegal arrivals, without bail or judicial review within the first 28 days of detention, until they can be removed. It puts a duty on the Home Secretary to remove illegal entrants and will radically narrow the number of challenges and appeals that can suspend removal. Only those under 18, medically unfit to fly or at real risk of serious and irreversible harm in the country we are removing them to—that is an exceedingly high bar—will be able to delay their removal. Any other claims will be heard remotely, after removal.
When our Modern Slavery Act 2015 passed, the impact assessment envisaged 3,500 referrals a year. Last year, 17,000 referrals took on average 543 days to consider. Modern slavery laws are being abused to block removals. That is why we granted more than 50% of asylum requests from citizens of a safe European country and NATO ally, Albania. That is why this Bill disqualifies illegal entrants from using modern slavery rules to prevent removal.
I will not address the Bill’s full legal complexities today. [Interruption.] Some of the nation’s finest legal minds have been and continue to be involved in its development. But I must say this: rule 39 and the process that enabled the Strasbourg Court to block, at the last minute, flights to Rwanda, after our courts had refused injunctions, was deeply flawed. Our ability to control our borders cannot be held back by an opaque process, conducted late at night, with no chance to make our case or even appeal decisions. That is why we have initiated discussions in Strasbourg to ensure that its blocking orders meet a basic natural justice standard, one that prevents abuse of rule 39 to thwart removal; and it is why the Bill will set out the conditions for the UK’s future compliance with such orders.
Other countries share our dilemma and will understand the justice of our position. Our approach is robust and novel, which is why we cannot make a definitive statement of compatibility under section 19(1)(a) of the Human Rights Act 1998. Of course, the UK will always seek to uphold international law, and I am confident that this Bill is compatible with international law. When we have stopped the boats, the Bill will introduce an annual cap, to be determined by Parliament, on the number of refugees the UK will resettle via safe and legal routes. This will ensure an orderly system, considering local authority capacity for housing, public services and support.
The British people are famously a fair and patient people. But their sense of fair play has been tested beyond its limits as they have seen the country taken for a ride. Their patience has run out. The law-abiding patriotic majority have said, “Enough is enough.” This cannot and will not continue. Their Government—this Government—must act decisively, must act with determination, must act with compassion, and must act with proportion. Make no mistake: this Conservative Government—this Conservative Prime Minister—will act now to stop the boats. I commend the statement to the House.
We need serious action to stop dangerous boat crossings, which are putting lives at risk and undermining border security. That is why Labour has put forward plans for a cross-border police unit, for fast-track decisions and returns to clear the backlog and end hotel use, and for a new agreement with France and other countries. Instead, today’s statement is groundhog day. The Home Secretary has said:
“Anyone who arrives illegally will be deemed inadmissible and either returned to the country they arrived from or a safe third country.”
[Hon. Members: “Hear, hear.”] Only that was not this Home Secretary: it was the last one. And that was not about this Bill: it was about the last one, passed only a year ago and which did not work. As part of last year’s Bill, the Home Office considered 18,000 people as inadmissible for the asylum system because they had travelled through safe third countries, but because it had no return agreements in place, just 21 of them were returned. That is 0.1%. The other 99.9% just carried on, often in hotels, at an extra cost of £500 million, and it did not deter anyone. Even more boats arrived.
What is different this time? The Government still do not have any return agreements in place. The Home Secretary has admitted that Rwanda is “failing”, and even if it gets going it will take only a few hundred people. What will happen to the other 99% under the Bill? She says that she will detain them all, perhaps for 28 days. Can she tell us how many detention centres the Government will need in total and how much they will cost? Even if she does that, what will happen when people leave 28-day detention? Will she make people destitute, so that they just wander the streets in total chaos? They will include torture victims, Afghan interpreters and families with children. Or will she put them into indefinite taxpayer-funded accommodation? Never returned anywhere because the Government do not have agreements with Europe in place, never given sanctuary, never having their case resolved—just forever in asylum accommodation and hotels. She may not call it the asylum system, but thousands of people are still going to be in it.
What will the Bill mean for the promises we made to the Afghan interpreters who served our country but who were too late to make the last flight out of Kabul as the tyranny was closing in upon them? The Government told them to flee and find another way here, and they told us to tell people that as well. But the resettlement scheme is not helping them and, if they finally arrive in this country this afternoon, perhaps by travelling through Ireland to get here, they will only ever be illegal in the eyes of a Government who relied on the sacrifices they made for us.
If the Government were serious, they would be working internationally to get a proper new agreement in place with France and Europe, including return agreements, properly controlled and managed legal routes such as family reunion, and reform of resettlement. Instead, this Bill makes that harder, unilaterally choosing to decide no asylum cases at all, but expecting every other country to carry on.
If the Government were serious, they would be working with Labour on our plan for a major new cross-border policing unit to go after the criminal gangs. Instead, the deputy chairman of the Conservative party, the hon. Member for Ashfield (Lee Anderson) said yesterday that we should not go after the gangs because they have existed for “thousands of years”. That is the disgraceful Tory attitude that has let the gangs off of the hook and let them take hold. One smuggler told Sky News yesterday that three quarters of the smugglers live in Britain, but barely any of them are being prosecuted and the Government still have not found the hundreds of children missing from asylum hotels who have been picked up by criminal gangs.
The Government could be setting out a serious plan today. We would work with them on it, and so would everyone across the country. Instead, it is just more chaos. The Government say “no ifs, no buts”, but we all know that they will spend the next year if-ing and but-ing and looking for someone else to blame when it all goes wrong. Enough is enough. We cannot afford any more of this—slogans and not solutions, government by gimmick, ramping up the rhetoric on refugees and picking fights simply to have someone else to blame when things go wrong. This Bill is not a solution. It is a con that risks making the chaos worse. Britain deserves better than this chaos. Britain is better than this.
The right hon. Lady says get serious, so let us look at the facts. The British people want to stop the boats. It is one of the five promises the Prime Minister made to the British people, but stopping the boats did not even feature in the Leader of the Opposition’s five big missions. Is it because he does not care or because he does not know what to do? We all know why, and I think the British people know why: it is because, deep down, the Leader of the Opposition does not want to stop the boats and he thinks it is bigoted to say we have got too much illegal migration abusing our system. It is because Labour MPs would prefer to write letters stopping the removal of foreign national offenders. It is because the Labour party would prefer to vote against our measures to penalise foreign national offenders and to streamline our asylum system.
Those are the facts. Labour is against deterring people who would come here illegally, against detaining people who come here illegally and against deporting people who are here illegally. That means that Labour is for this situation getting worse and worse. Perhaps that is fine for the Leader of the Opposition and most of those on the Labour Front Bench, but it is not their schools, their GPs or their public services, housing and hotels filling up with illegal migrants.
Perhaps that is why, even before seeing the Bill and engaging on the substance, Labour has already said it will not support its passage through Parliament. Is the Leader of the Opposition committing that the Labour Lords will block it? The British people want to stop the boats. The Conservative Government have a plan to stop the boats. This Prime Minister will stop the boats. If the people want closed minds and open borders, they can rely on Labour.
My specific question for the Home Secretary is this. When the Home Affairs Committee visited Calais recently we were told that, when the Rwanda scheme was announced, there was a big upsurge in migrants in France approaching authorities asking about staying in France, because there was a deterrent factor. That has not happened because the Rwanda scheme has not got off the ground. When she sees her counterparts in France on Friday, can we suggest that the French might like to join us in a joint Rwanda-type scheme, since they face the same problems? Can they do more? We have safe and legal routes to stop people getting in the boats: to arrest them and stop this illegal trade at source on their side of the channel.
Despite the dreary dog-whistle rhetoric, the Home Secretary’s Bill will not lay a solitary finger on people smugglers or people traffickers, but it will cause serious and devastating harm to those who have already endured incredible suffering. Afghans let down by the Government’s utterly failed relocation schemes will be locked up and offshored. People who have fled persecution in Syria, Eritrea or Iran will remain blocked from the asylum system. The policies that have seen hundreds of children go missing from hotels will be enshrined in her Bill. The world-leading modern slavery legislation piloted through by one of her predecessors is about to be ripped to pieces without a single shred of justification. That is what this appalling Bill looks set to deliver, and that is why we will oppose it every step of the way.
If every country followed the Home Secretary’s example, the whole system of refugee protection around the world would fall to pieces. It is not just that system that will be trashed by this Bill, however, but the UK’s reputation as a place of sanctuary. She spoke about an overwhelmed asylum system, but the only thing that has overwhelmed the asylum system is the Conservative party’s incompetence and mismanagement. One of her own ministerial colleagues described the Rwanda plan as
“ugly, likely to be counterproductive and of dubious legality”,
and that beautifully encapsulates what is in this Bill.
I have two questions for the Home Secretary. First, what happens if an Afghan arrival cannot be removed to Afghanistan, France, Rwanda or anywhere else? Will he or she eventually be admitted to the asylum system? If so, after how long? Secondly, when the Prime Minister meets President Macron, will he be telling him that the UK is prepared to leave the European convention on human rights?
“Poor resourcing, by successive governments, of staff and technology in the Asylum Operations function in the Home Office, has been a significant factor in this collapse.”
Our report also found that the Government should deal with the backlog, expand safe and legal routes and negotiate a returns policy with the EU. Can the Home Secretary tell the House what progress has been made on expanding safe and legal routes and on a returns policy with the EU?
The Home Secretary talks about detention and deportation. Where is she going to detain these people? There is not the capacity to detain these numbers of people. In terms of deportation, the only arrangement we have is with Rwanda, which has told us that it can take only 200 people. Her tone, her legislation and her proposed actions are deplorable and unworkable. Even at this late stage, will she reconsider?
I am amazed by the range of skills and qualifications these people have. They just want employment. They want to be able to contribute. They want a job and to contribute to our society and our economy, but they are trapped in this system because of the lack of processing. I take up their cases and get sheets of the same three or four-sentence responses, and the cases move no further. Could the Home Secretary at least provide the House with a monthly report on how the processing of their cases is proceeding?
May I say one final thing, Mr Speaker? Will the Home Secretary please tone down her inflammatory language? It is putting these people and those who represent them at risk.
We will roll out a programme of increasing immigration detention capacity, and we are working intensively on that now.
“With the UK Government policy, when you arrive, the dream is broken, it is gone. Still, my family have settled in Wales and contribute to society.”
I want to say to Safaa that she is welcome and that we want to her to stay as long as is necessary. What does the Home Secretary have to say to Safaa?
“will remain a member of the ECHR”—[Official Report, 27 February 2023; Vol. 728, c. 594.]
because leaving it would break the Belfast/Good Friday agreement. Does the Home Secretary agree?
“LGBT individuals…experience discrimination and abuse, including from local authorities”?
Can the Home Secretary reassure a gay MP here like myself that we are not turning our back on LGBT asylum seekers who are fleeing appalling abuse simply for being themselves?
“racist undercurrent which permeates all immigration law”?
That was the Leader of the Opposition when he was a human rights lawyer. Does my right hon. and learned Friend agree with me that the Labour party should just be honest about what it is: pro open borders, anti any control on immigration and completely out of step with the majority of people of this country? It will be exposed.
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