PARLIAMENTARY DEBATE
Illegal Immigration - 13 December 2022 (Commons/Commons Chamber)
Debate Detail
With permission, Mr Speaker, I would like to make a statement on illegal migration. I hope that the whole House will agree that there is a complex moral dimension to illegal migration. The balancing of our duty to support people in dire need with the responsibility to have genuine control over our borders understandably provokes strong feelings. So it is my view that the basis for any solution should be not just what works but what is right.
The simplest moral framing for this issue, and one that I believe Members on both sides of the House believe in, is fairness. It is unfair that people come here illegally. It is unfair on those with a genuine case for asylum when our capacity to help is taken up by people coming through—and from—countries that are perfectly safe. It is unfair on those who migrate here legally when others come here by cheating the system. Above all, it is unfair on the British people who play by the rules when others come here illegally and benefit from breaking those rules. So people are right to be angry, because they see what I see, which is that this simply is not fair.
It is not cruel or unkind to want to break the stranglehold of criminal gangs who trade in human misery and who exploit our system and laws. Enough is enough. As currently constructed, the global asylum framework has become obsolete. Today, there are 100 million people displaced globally. Hostile states are using migration as a weapon on the very borders of Europe. As the world becomes more unstable, and the effects of climate change make more places uninhabitable, the numbers displaced will only grow.
We have a proud history of providing sanctuary to those most in need. Britain helped craft the 1951 refugee convention to protect those fleeing persecution. My right hon. Friend the Member for Maidenhead (Mrs May) passed the world’s first Modern Slavery Act in 2015. In the last year, we have opened our hearts and our homes to people from Hong Kong, Afghanistan and Ukraine. Thousands of families will be setting extra places around the Christmas table this year. No one—no one—can doubt our generosity of spirit.
But today, far too many of the beneficiaries of that generosity are not those directly fleeing war zones or at risk of persecution, but people crossing the channel in small boats. Many originate from fundamentally safe countries. All travel through safe countries. Their journeys are not ad hoc, but co-ordinated by ruthless, organised criminals. And every single journey risks the lives of women, children and—we should be honest—mostly men at sea.
This is not what previous generations intended when they drafted our humanitarian laws, nor is it the purpose of the numerous international treaties to which the UK is a signatory. Unless we act now and decisively, this will only get worse. Already in just seven weeks since I became Prime Minister, we have delivered the largest ever small boats deal with France, with significantly more boots on the ground patrolling their beaches. For the first time, UK and French officers are embedded in respective operations in Dover and northern France. We have re-established the Calais group of northern European nations to disrupt traffickers all along the migration route. Last week, the group set a long-term ambition for a UK-EU-wide agreement on migration. Of course, that is not a panacea and we need to go much further. Over the last month, the Home Secretary and I have studied every aspect of this issue in detail, and we can now set out five new steps today.
First, our policing of the channel has been too fragmented, with different people doing different things being pulled in different directions. So we will establish a new, permanent, unified small boats operational command. This will bring together our military, our civilian capabilities and the National Crime Agency. It will co-ordinate our intelligence, interception, processing and enforcement, and use all available technology, including drones for reconnaissance and surveillance, to pick people up and identify and then prosecute more gang-led boat pilots. We are adding more than 700 new staff and also doubling the funding given to the NCA for tackling organised immigration crime in Europe.
Secondly, those extra resources will free up immigration officers to go back to enforcement, which will, in turn, allow us to increase raids on illegal working by 50%. And it is frankly absurd that today illegal migrants can get bank accounts which help them live and work here. So we will re-start data sharing to stop that.
Thirdly, it is unfair and appalling that we are spending £5.5 million every day on using hotels to house asylum seekers. We must end this. We will shortly bring forward a range of alternative sites, such as disused holiday parks, former student halls and surplus military sites. We have already identified locations that could accommodate 10,000 people, and are in active discussions to secure these and more. [Interruption.]
Fourthly, we need to process claims in days or weeks, not months or years, so we will double the number of asylum caseworkers. We are radically re-engineering the end-to-end process, with shorter guidance, fewer interviews and less paperwork, and we are introducing specialist caseworkers by nationality. We will also remove the gold-plating in our modern slavery system, including by reducing the cooling-off period from 45 days to 30 days, the legal minimum set out in the Council of Europe convention on action against trafficking in human beings. As a result of all these changes, we will triple the productivity of our caseworkers and we expect to abolish the backlog of initial asylum decisions by the end of next year.
Fifthly, and most significantly, a third of all those arriving in small boats this year, almost 13,000 people, are Albanian, yet Albania is a safe, prosperous European country. It is deemed safe for returns by Germany, France, Italy and Sweden. It is an EU accession country, a NATO ally and a member of the same convention against trafficking as the United Kingdom. The Prime Minister of Albania has himself said there is no reason why we cannot return Albanian asylum seekers immediately. Last year, Germany, France, Belgium and Sweden all rejected almost 100% of Albanian asylum claims, yet our rejection rate is just 45%. That must not continue, so today I can announce a new agreement with Albania and a new approach.
First, we will embed Border Force officers in Tirana airport for the first time ever, helping to disrupt organised crime and stop people coming here illegally. Secondly, we will issue new guidance for our caseworkers to make it crystal clear that Albania is a safe country. Thirdly, one of the reasons why we struggle to remove people is that they unfairly exploit our modern slavery system, so we will significantly raise the threshold someone must meet to be considered a modern slave. For the first time, we will require a caseworker to have objective evidence of modern slavery, rather than just a suspicion. Fourthly, we have sought and received formal assurances from Albania confirming that it will protect genuine victims and people at risk of re-trafficking, allowing us to detain and return people to Albania with confidence and in line with ECAT. As a result of these changes, the vast majority of claims from Albania can simply be declared clearly unfounded, and those individuals can be swiftly returned. Lastly, we will change how we process Albanian illegal migrants with a new dedicated unit, staffed by 400 new specialists, expediting cases within weeks. Over the coming months, thousands of Albanians will be returned home, and we will keep going with weekly flights until all the Albanians in our backlog have been removed.
In addition to all these new steps, let the House be in no doubt that, when legal proceedings conclude on our migration and economic development partnership, we will restart the first flights to Rwanda, so that those who are here illegally and cannot be returned to their home country can build a new life there.
However, even with the huge progress that we will make with the changes I have announced today, there remains a fundamental question: how do we solve this problem once and for all? It is not just our asylum system that needs fundamental reform; our laws need reform too. We must be able to control our borders to ensure that the only people who come here come through safe and legal routes. However well intended, our legal frameworks are being manipulated by people who exploit our courts to frustrate their removal for months or years on end.
I said, “Enough is enough”, and I meant it. That means that I am prepared to do what must be done, so early next year we will introduce new legislation to make it unambiguously clear that, if you enter the UK illegally, you should not be able to remain here. Instead, you will be detained and swiftly returned either to your home country or to a safe country where your asylum claim will be considered. You will no longer be able to frustrate removal attempts with late or spurious claims or appeals, and once removed, you should have no right to re-entry, settlement or citizenship.
Furthermore, if our reforms on Albania are challenged in the courts, we will also put them on a statutory footing to ensure that the UK’s treatment of Albanian arrivals is no different from that of Germany or France. The only way to come to the UK for asylum will be through safe and legal routes and, as we get a grip on illegal migration, we will create more of those routes. We will work with the United Nations High Commissioner for Refugees to identify those who are most in need so that the UK remains a safe haven for the most vulnerable. We will also introduce an annual quota on numbers, set by Parliament in consultation with local authorities to determine our capacity, and amendable in the face of humanitarian emergencies.
That is the fair way to address this global challenge. Tackling this problem will not be quick; it will not be easy; but it is the right thing to do. We cannot persist with a system that was designed for a different era. We have to stop the boats, and this Government will do what must be done. We will be tough but fair, and where we lead, others will follow. I commend this statement to the House.
Channel crossings are a serious problem requiring serious solutions. We need leadership at home and abroad, we need a Home Office that functions effectively, and we need to defeat the criminal gangs operating on the coast. Time and again, however, this Government have not provided serious solutions. The Prime Minister sat around the Cabinet table the whole time. Where there should have been solutions, we have had unworkable gimmicks.
As I listened to the Prime Minister’s statement, I thought, “All of that has been said before, almost word for word.” It was said the last time we had measures—the last time we had legislation. There have been plenty of newspaper headlines about wave machines, prison ships and fantasy islands, but there has been no effective action. It is all designed to mask failure, to distract from a broken asylum system that cannot process claims, cannot return those with no right to be here, and cannot protect our borders.
Over 40,000 people have crossed the channel this year—that is a record—but only 2% have had their asylum claim processed. What happens to the other 98%? They are placed in hotels, costing around £7 million a day. That is bad for refugees who want to rebuild their lives and bad for taxpayers. And 2022 is not just a one-off bad year; it has been bad under the Tories for years. Last year, the percentage of channel crossing asylum claims processed was just 4%. Let those figures sink in, because that is the root of the problem. Something has to be done to clear the backlog.
I welcome the commitment to fast-track clearly unfounded claims. That is what we have been calling for, and Britain is two years behind so many of our neighbours and allies, who have been fast-tracking for years. Can the Prime Minister confirm—I want to have an answer on this—that he will clear the backlog by the end of next year? That is 150,000 cases in the backlog—[Interruption.] I know he has said it, but there are 150,000 cases, including the 100,000 that have been there for over six months. We need clarity about that.
I also welcome more staff for processing. It is appalling that the Government let the backlog get this big. Nearly 100,000 cases have been waiting more than six months for a decision. That is the root cause. But processing is only part of the answer. Criminal gangs are sending these people to risk their lives, and they thrive because of a total failure of any co-ordinated response or effective deterrent to their criminal activity. For months, we have been calling for action to tackle this root cause: a specialist cell in the National Crime Agency to catch, prosecute and disband criminal gangs. We need to be working internationally to end this cross-border crime. Again, new staff are welcome, but can the Prime Minister guarantee that that will result in prosecutions of those who put lives and national security at risk?
Money is being wasted on the unworkable, unethical plan to deport people to Rwanda: £140 million has been wasted already, with not a single deportation. The most senior civil servant in the Home Office is the only one in Government to tell the truth: it does not even work as a deterrent. The Prime Minister has promised more legislation, but the last time the Government legislated to tackle the broken asylum system, they made it worse. Since the Nationality and Borders Act 2022 came into force, crossings and delays have increased, and 18,000 cases have been put through the new process, adding a further six months, with only 21 returns. That is slow track, not fast track. How can the Prime Minister have any credibility to say that new legislation is going to be the answer? The unworkable gimmicks go on, and so do the crossings. We need to bring this to an end, and that means a proper plan to crack down on the gangs, quick processing, return agreements: serious solutions to a serious problem. That is what Labour will offer.
I am going to start by saying something that I think many on the Benches behind the Prime Minister wish they could say. Nobody is illegal. Indeed, there is no such thing as an illegal asylum seeker. But what we all agree on is that the UK’s system is broken and we cannot escape from the fact of who has broken it. To address some of the problems that are faced, I welcome some of what the Prime Minister said. I have personally visited hotel accommodation and seen the damaging impact that those long stays have had on people within it, so I hope we can all agree on the positive words about speeding up the process.
However, I have grave concerns about the proposed legislation, about the proposals on accommodation and about the one-size-fits-all approach to asylum seekers emanating from Albania. In that regard, I ask the Prime Minister a simple question: has he consulted with the United Nations High Commissioner on Refugees in respect of these proposals? If not, why not?
Ultimately, the solutions lie not in any of the above proposals but in ensuring that safe and legal routes exist. The Prime Minister made extensive reference to safe and legal routes, so let him rise to his feet and outline one single safe and legal route—perhaps for a family member of an asylum seeker in Afghanistan. The Home Secretary of course could not do so last week.
It would be remiss of all of us in the Chamber not to reflect on the independent Migration Advisory Committee’s report from this morning, which detailed how important migration is to our public sector, our private sector and indeed our economy. How on earth does the Government’s hostile approach to migration assist with that proposal?
The hon. Gentleman also asked about Albania and our approach. I gently point out to him that what we are doing is in line with what almost every other European country already does with regard to Albanian migrants.
Lastly, the hon. Gentleman made the frankly absurd claim that we do not have safe and legal routes into the UK. In the last few years, we have made offers of over 450,000 places to welcome people from Afghanistan, Syria, Hong Kong and, most recently, Ukraine. That is because this is a compassionate, tolerant country, and it always will be.
The questions in front of the House and the country are: how can people be safe, how can their status be determined, will the action work, is it necessary, and is it right? I think most people listening, whether they normally support the SNP, Labour or the Conservatives, will say, “Yes, it is necessary, it will work, and it should go ahead.”
We noted how important it was to have sufficiently well trained, motivated and supported decision makers to make good-quality first decisions, but despite promises to increase decision-making numbers, targets have been missed, and the staff attrition rate in 2021 was a staggering 46%. In addition, the technology that staff use is creakingly antiquated and was reported by the chief inspector of borders and immigration as hampering productivity.
Will the Prime Minister ensure that he has sufficient staff to carry out what he is seeking to do? With productivity currently at 1.3 decisions per decision maker per week, with a Home Office pilot to increase that figure to 2.7, can he explain exactly how he is going to triple productivity?
The right hon. Lady talked about the reason for the backlog. It is worth bearing in mind that the number of small boat crossings has quadrupled in just the last two years. That is the scale of the challenge that we are facing, and that is leading to significant strain on the system. She also asked about numbers. We have already, in the last year, doubled the number of caseworkers to 1,200, and it will be doubling again in the next nine to 12 months.
Lastly, I will just say that a big part of the reason why our processing is slower than we would like is that, time and again, people exploit our system to make late or spurious claims. That is why our new legislation will tackle that problem, and I hope it has the support of the Labour party.
Some 97,000 people have been waiting for a decision on their asylum claim for six months or more. That is 97,000 people trapped for months in Home Office limbo, banned from working, while the NHS, social care, agriculture and hospitality are all desperately short of staff. Last month it was revealed that even the Home Office’s own analysis shows that the right to work does not act as a pull factor for asylum seekers, so will the Prime Minister end this absurd ban on work, to save taxpayers money and help to grow our economy?
The Prime Minister knows that I favour safe and legal routes as a counterbalance to tougher and swifter measures. Will he therefore, in those safe and legal routes that we need to develop, have a Dubs 2 scheme specifically aimed at unaccompanied children in peril and a proper family reunion scheme for those with close links to people legally here in the United Kingdom, so that we can control and welcome those genuinely in need of safety here?
It is currently taking the Home Office 531 days on average to arrive at a conclusive grounds decision for victims. Around 90% of those decisions are positive, confirming that people were indeed victims of modern slavery. This will affect British and foreign children as well as adults, and some of those locked in county lines gangs as well as in sexual exploitation. Why is the Prime Minister tearing up the modern slavery system in this way?
With respect to the dispersal centres, when the Home Office attempted to introduce a dispersal centre in my constituency, it ignored the local authority’s concerns about healthcare, public services and children’s services. It then also ignored the existing level of Albanian organised crime in Hull and did not even consult the local police chief before it moved on the matter. Needless to say, it did not consult any of the local MPs either. If we continue in this mode, the Home Office will face judicial review after judicial review and the policy will not work. Can we please see a radical improvement in decision making in the Home Office in this process?
For six weeks, I have been asking the Government for the details of the safeguarding provision. During that time we have had multiple reports of children—who are with their families in those hotels for months on end—being sexually assaulted and abused. Nothing that the Prime Minister announced today will change that situation and how we treat those children, or apply the same rules to those children as we do to other children in temporary accommodation with their families. Will he now at least do the decent thing and make the safeguarding contract public so that we can see what provision the Government have made to look after those children, and will he make a commitment that families will be housed separately from single people?
“Instead of seeking to restrict the right to asylum the government should ensure timely and fair decisions, with access to legal advice, so that those who need protection are allowed to stay and those with unfounded claims are returned with dignity. At the same time there must be more safe routes such as family reunion visas”?
That is an issue that many hon. Members across the House have raised for several years.
We all know what today’s announcement is: a sop to the right-wing press. It continues the Prime Minister’s obsession with scapegoating asylum seekers. Fast-tracking applications and weakening modern slavery protections directly undermine Wales’s nation of sanctuary policy, which includes an explicit commitment to prevent people seeking sanctuary from becoming victims of modern slavery. What discussions has he had with the Welsh Government to guarantee that fast-tracking will not frustrate our ambition to be a proper nation of sanctuary?
I am not in favour of the Opposition’s argument in favour of more open legal routes because, with 100 million displaced people in the world, it is a policy that leads nowhere, but we have to address this point. The problem is that every time we pass new legislation, it is trumped by human rights lawyers who, correctly under the law, appeal to the Refugee convention, the European convention on human rights and the Human Rights Act. Will my right hon. Friend assure me that if this new legislation does not work, we will consider a derogation from the Refugee convention?
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