PARLIAMENTARY DEBATE
Migrant Crossings - 7 January 2019 (Commons/Commons Chamber)
Debate Detail
Before that, I know the whole House will want to join me in sending our thoughts and prayers to those injured in the attack at Manchester Victoria station on new year’s eve and to all those affected by that cruel and senseless act. I also thank the emergency services for their courageous response. Thankfully there were no fatalities, and I am pleased to say that all three victims have now been discharged from hospital.
Let me turn to the issue of the English channel migrant crossings. Over recent weeks, we saw a sharp increase in the number of migrants attempting to cross the channel to the UK in small boats. Over 500 migrants, mostly Iranian, attempted to travel to the UK on small vessels in 2018; 80% of them attempted this in the last three months of the year. About 40% of those involved in these attempts were either disrupted by French law enforcement or returned to France via French agencies. Since 1 January, a further 25 have attempted to cross the channel, but they were disrupted. In addition, just this morning, a dinghy was discovered along the Kent coast. A number of individuals are now going through UK immigration procedures and one person has been arrested.
I am sure the House will want to join me in thanking all the law enforcement agencies and all those involved in the response for their tireless efforts over Christmas and the new year. This includes those from the Border Force, immigration enforcement, the coastguard, the National Crime Agency and the Royal National Lifeboat Institution, many of whom I met in Dover last week. I would also like to thank our French law enforcement partners for their efforts to date, which have been collaborative, swift and thorough.
The English channel contains some of the busiest shipping lanes in the world, the weather conditions are often treacherous and the inflatable boats being used are woefully ill-equipped to make such dangerous journeys. The migrants who choose to make the trip are putting their lives in grave danger, and they can at times also create dangerous situations for our rescue services.
The reasons behind the increased crossings are diverse, and in many cases are outside our control. First, instability in regions such as the middle east and north Africa is driving people out of their homes in search of better lives in Europe. Secondly, organised crime groups are preying on and profiting from these vulnerable and often desperate people. They are falsely promising them safe crossings to the UK, even though the journey is one of the most hazardous and most dangerous possible. Thirdly, strengthened security at the French-UK border has meant that it has become increasingly difficult for stowaways illegally to enter the UK in trucks and cars, leading to more reckless attempts by boat.
I have been very clear that robust action is needed to protect people and our borders and to deter illegal migration. Over the festive period, I took the decision to declare the situation a major incident. I appointed a dedicated gold command, and I stepped up the UK’s response.
As part of joint action agreed with the French, I have ordered two UK Border Force boats to be redeployed from overseas to patrol the channel. That is in addition to the two already undertaking enhanced patrols in these waters. That will mean four Border Force cutters in total. That is in addition to the two coastal patrol vessels currently operating and the aerial surveillance of the area. Last week, I also requested additional help from the Ministry of Defence while we await the return of the two boats currently overseas. I am grateful that the Royal Navy has kindly offered the use of HMS Mersey, which started patrols on Friday.
I am continuing to discuss with the French what more they can do to stop people from attempting to make these crossings from France in the first place. I welcome the action plan that the French outlined just this Friday, which includes a commitment to increase surveillance and security in maritime areas, prevention campaigns in French coastal areas to stop people from setting off in a boat in the first place and a reinforced fight against smuggling gangs. I am pleased to say that the National Crime Agency has also redoubled its efforts. Just last week, two men were arrested on suspicion of the illegal movement of migrants.
In addition, we are doing important work in the home countries of would be migrants to reduce the factors that compel them to make these dangerous journeys in the first place. For example, we are helping to create jobs and build infrastructure, tackling modern slavery, providing education and delivering life-saving humanitarian assistance in response to conflicts and natural disasters. We are also doing important work to undermine organised crime groups, and we have committed £2.7 billion to the humanitarian response in Syria, making us the second biggest bilateral donor to the region. We are on track to resettle 20,000 refugees fleeing the conflict in Syria by 2020, as well as up to 3,000 of the most vulnerable people from the middle east and north Africa, including children at risk of exploitation and abuse. In 2017, the UK resettled more refugees under national resettlement schemes than any other EU state.
Let me reassure the House that I am continuing to monitor the issue of channel crossings daily. Right hon. and hon. Members will know that these crossings have provoked a debate, but I am not afraid to say that I think that some legitimate questions need to be asked. Why, for instance, are so many people choosing to cross the channel from France to the UK when France itself is a safe country? The widely accepted international principle is that those seeking asylum should claim it in the first safe country that they reach, be that France or elsewhere. Indeed, many asylum seekers do just that. Domestic legislation from 2004 clearly states that, if an individual travels through a safe third country and fails to claim asylum, it will be taken into account in assessing the credibility of their claim. Following these recent events, I have instructed my officials to look at how we can tighten this still further and ensure that these provisions are working effectively.
Britain has a proud tradition of welcoming and protecting asylum seekers and we have a long history of accepting economic migrants too—people like my very own parents—but all these routes need to be safe and they need to be controlled, which getting in a rubber dinghy is not. That is why I will not accept these channel crossings as just a fact of life. Safeguarding lives and protecting the UK border are crucial Home Office priorities. While we have obligations to genuine asylum seekers, and we will uphold them, we will not stand by and allow reckless criminals to take advantage of vulnerable people. Encouraging people to cross the channel dangerously to come here is not an act of compassion, so I will continue to do all I can to stop these dangerous crossings. I commend this statement to the House.
Does the Home Secretary share my concern that we should be careful not to heighten a potentially toxic atmosphere on migration as the Brexit debate reaches its climax? However, the whole House agrees that the public deserve the assurance that our borders are secure. Nobody in this House believes that these crossings should be just a fact of life, not least because these desperate people are putting their lives in terrible danger. However, is he aware that his predecessor—the then Home Secretary, the right hon. Member for Maidenhead (Mrs May)—took the decision in 2012 to scrap an aerial surveillance programme of the entire coastline, presumably because of the dictates of austerity? Does he accept that this decision, in the words of the then Security Minister, Dame Pauline Neville-Jones, left us
“more naked than we would otherwise have been”,
and that we are now scrambling to catch up by using the armed forces?
The Home Secretary knows that a little over 200 people arrived here crossing the channel in the entire final three months of last year. One migrant making that dangerous crossing is one too many, but does he appreciate that some people might think that describing this as a major incident is an overstatement, when we consider that, at the height of the Mediterranean crisis, Greece was seeing hundreds of people a day landing on its beaches?
The Home Secretary is correct to make the point about the risk to human life. We know that ruthless people smugglers put desperate people in unseaworthy craft, with no one on board who is any type of seaman, and they distribute fake lifejackets—and all this in the busiest shipping lanes in the world. These people smugglers are putting people’s lives at risk for mere financial gain. However, does the Home Secretary accept that there can be no question of turning back asylum seekers who have reached British waters? That would be to put this country outside international law.
May I also remind the Home Secretary that in this country we operate under the rule of law? In this case, we are bound by the 1951 convention relating to the status of refugees. Does he accept that under the convention, to which we are a signatory, refugees have a right to seek asylum here? Taking the failure to claim in the first safe country into account is one thing; claiming that it entirely nullifies the asylum claim is quite wrong. Refugees may have cultural, family or language reasons to claim in this country. Does he understand that it is not for him as Home Secretary, or anyone else, to claim that someone is not a genuine refugee without examining their case?
I welcome the increased co-operation with the French and the French action plan outlined on Friday. The important thing is not bellicose statements, but to stop people making dangerous crossings in the first place.
On the deployment of the Royal Navy, it seems to some that the Home Secretary was in some type of competition with the Defence Secretary as to who can appear more bellicose towards groups of Iranian refugees in their rubber dinghies. Serious questions arise, however. What will be the total cost to the Home Office of this deployment and how will it be funded? What will be the cost per person rescued? How many of the people smugglers have been prevented and detained? What of the operations that were taking place in the Mediterranean which have apparently now been suspended? Can the Home Secretary explain what contingency measures will be put in place, so as not to leave a gaping hole in existing co-ordinated rescue and interdiction efforts? I ask the Home Secretary please to tell the House that all of those issues have been considered and addressed or are in hand, otherwise unkind people might be forced to conclude that this major incident had little to do with a national crisis but more to do with positioning for the forthcoming Tory leadership battle.
This has nothing to do with the Brexit debate or the legitimate debate taking place around Brexit on future immigration and related issues. This is all about protecting our borders and protecting human life: dealing with a situation here and now. That is all it should be about.
The right hon. Lady mentioned the previous Home Secretary, now the Prime Minister. In fact, when she was Home Secretary she did a great deal to deal with illegal migration, especially from France. For example, the work on the Sandhurst agreement was initiated by her as Home Secretary and then continued by her as Prime Minister. As I mentioned in my statement, there is some evidence that as it has become harder on some other routes for people to enter the UK by clandestine means—by ferry, train or car—they are turning to more dangerous routes. We need to address them as well.
The right hon. Lady questioned whether this should have been designated a major incident. Let me make two brief points. First, there has been a significant increase in the number of crossings using small boats across the English channel. As I said, there were 543 attempts in 2018. Not all were successful, with roughly 40% being disrupted. Some 80% took place in the past three months, particularly in December. There is a definite increasing trend. It needs to be dealt with as quickly as possible, so that it does not get completely out of control.
The right hon. Lady may think—maybe it is suggested through her question—that 543 attempted crossings is not very much relative to the total number of asylum claims every year. The problem—this is the real issue—is that this is a very dangerous way to try to enter the UK. It is incredibly dangerous. This is one of the busiest sea lanes in the world. Often these people will travel at night with no lights and no lifejackets. They are taking an incredibly dangerous journey that puts at risk not just their lives but the lives of those who rescue them, such as the RNLI and others. It is the danger that that represents which requires us to take more action. It is one of the reasons, alongside protecting the border, why this is a major incident. I do not think anyone in this House would want to be in a position knowing that the Government have not done everything they reasonably can to protect human life as well as our borders.
I gently ask the right hon. Lady—I know she means well and that she values human life as much as anyone else in this House—please not to use this issue as some kind of political football. This is about protecting human life and protecting our borders.
Let me turn to the other questions the right hon. Lady raised. On the first safe country principle, she mentioned the 1951 refugee convention. The first safe country principle is well established and widely accepted in international law. The Prime Minister herself referred to it in her speech at the UN General Assembly last year. It is a principle indirectly supported through the new global compact for migration and the global compact for refugees. It is a principle legally accepted by the UNHCR when it explicitly recognised the concept in its paper that set out the legal precedent on the agreement between the EU and Turkey. Very importantly, it is a principle at the heart of the EU’s own common European asylum system. In the 2005 procedures directive, it is explicitly stated that an asylum seeker should claim asylum in their first safe country, otherwise it can be declared inadmissible if it is claimed in another country. That is repeated in the 2004 qualification directive. It is also a principle that underpins the Dublin regulation. The whole point of the Dublin regulation is that if someone has passed through another EU safe country, it is expected that they claim asylum first there. It is a principle that I hope she would support, notwithstanding that it was also embedded in domestic legislation passed in 2004 by a Labour Government. I understand that she did not vote against that Act.
Lastly, the right hon. Lady asked me about the other activities in which the boats that I have asked to come back to the UK are involved. Those activities are very important. We will still be involved in international activities and humanitarian support. I believe we can balance both requirements domestically and internationally in the way we have set our plans. The Royal Navy is supporting while we fill the gap until those boats return.
Some 500 individuals have been so desperate as to risk an incredibly dangerous journey across the channel last year in what is probably better described as a human tragedy than a major incident. In response to the statement, let me say first that we must of course stop the organised crime gangs that encourage these perilous journeys. The Home Secretary mentioned two arrests, but how many people does he estimate are involved in facilitating these crossings, and does he anticipate further arrests and charges in the days ahead?
Secondly, we must above all protect lives. Will the Home Secretary confirm that that is the clear and unambiguous duty of all the ships being deployed to the channel? I share the shadow Home Secretary’s concerns about the implications of withdrawing two ships from operations in the Mediterranean. Will the Home Secretary say a little more about what that means for what we are able to achieve there?
Thirdly, we must properly, fairly and independently consider each asylum claim made on arrival and treat everyone with dignity and respect. It is here, unfortunately, that the Home Secretary has caused most concern in recent days. Despite the more moderate language in his statement, he reportedly said that “real, genuine” asylum seekers would not make such crossings and spoke of a need
“to send a very strong message that you won’t succeed”
in making it to UK shores. That approach is factually, legally and morally wrong. It is actually pretty insulting to the many refugees who have contributed to this country who, for a whole host of legitimate reasons, made their way here through other safe countries. As he knows, the success rate of asylum applications from Iranians is particularly high.
Will the Home Secretary retract those remarks and confirm that all asylum applications will be considered solely on the basis of the refugee convention and of whether the applicant is a refugee, without any thought of sending messages? Will he take a humane and compassionate approach to possible third-country removals instead of tightening laws? If he does not, he will simply prolong the misery.
Of course, if the vessels that are currently there, which have been joined by the Royal Navy vessel and are to be joined by other vessels, come across any situation in which any life is in danger in any way, their first duty is to protect life. However, that is not their sole duty; they also have a duty to protect the border. In this case, they are working with the technology and equipment they have, with the support of aerial surveillance and the co-operation of the French navy and French vessels, to protect the border. That includes returning people, in many cases to the French coast, with the help of the French authorities.
The hon. Gentleman mentioned my comments last week about genuine asylum seekers. I absolutely stand by those comments. Our job is to protect and help genuine asylum seekers. It should not be a shock to him that, sometimes, people who claim asylum are not genuine asylum seekers. If we are to do more to protect those who really deserve it, we should absolutely focus our resources on them. Those who could claim asylum in another safe country and have every opportunity to do so should be encouraged to do so.
My right hon. Friend has prised an offshore patrol vessel from the Royal Navy. The Navy has a lot of very underused assets called URNUs—university royal naval units—which have grossly underused Archer-class patrol vessels. May I suggest that if he needed more boats, he could easily have those vessels equipped with regular naval staff and used to great effect?
For example, articles 25 and 26 of the 2005 asylum procedures directive cover the principles of first safe country and inadmissibility of claims where people have travelled through safe countries. Indeed, the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, which is domestic legislation, clearly sets out that failure
“to take advantage of a reasonable opportunity”
to claim asylum in a safe country shall be taken into account in assessing an individual’s credibility. That is an Act that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) voted for.
I very much welcome the two additional cutters, which are coming from Gibraltar and Greece. When will they arrive and do what they need to do? Will their place be taken by our international counterparts? They, too, have a responsibility to ensure that those who would come in from north Africa and the Gulf are deterred from doing so in the first place.
The hon. Lady has raised a specific case. From what she has said, I am not sure whether it is a Home Office or Foreign Office case, but we are happy to take a further look.
The Home Secretary has not been shy in trying to make their mark over the Christmas recess. Before the announcement of this migration emergency, they made headlines by commenting on the Government’s intention of protecting the rights of persecuted Christians abroad. Many of those who are now taking to the boats and are in peril on the sea appear to be Christians from Iran. Does the Home Secretary see no contradiction between a commitment to protect those persecuted Christians abroad and telling them that there is no room at the inn in the UK?
Just a couple of months ago, alongside Canada and unlike many other countries, we were the first to help the former White Helmets who were facing certain death under Assad in Syria. We took more than 25 of them, along with their families—nearly 100 people—and gave them our protection, because that is in accordance with our values and the kind of country that we are.
Would it not be a much better use of the Government’s resources to be engaged on the French mainland, looking after some of the terribly abandoned unaccompanied minors? We promised to take in 3,000. What resources are being devoted to disrupting the incentive to cross the channel in an unsafe way by processing those people on the French coast and understanding their needs?
The hon. Gentleman asked me whether I was aware of the convention. I wonder whether he is aware of the UK’s own domestic laws and regulations of 2004, which represent the will of the House and which clearly underline the importance of claiming asylum in the first safe country.
The Home Secretary pointed out earlier that there are diverse reasons why people might be attempting this treacherous journey across the channel, yet he refuses to acknowledge that some of them might be trying to be reunited with their families. What progress has been made in supporting the family reunion Bill brought forward by my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil)?
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