Rosie Winterton
Main Page: Rosie Winterton (Labour - Doncaster Central)Department Debates - View all Rosie Winterton's debates with the Home Office
Wednesday 26th April 2023
(1 year ago)
Commons ChamberRead Full debate Illegal Migration Act 2023 View all Illegal Migration Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 26 April 2023 - large print - (26 Apr 2023)
The Minister for Immigration (Robert Jenrick)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Dame Rosie Winterton)
With this it will be convenient to discuss the following:
Government new clause 19—Credibility of claimant: concealment of information etc.
Government new clause 20—Legal aid.
Government new clause 23—Electronic devices etc.
Government new clause 24—Decisions relating to a person’s age.
Government new clause 25—Age assessments: power to make provision about refusal to consent to scientific methods.
Government new clause 26—Interim measures of the European Court of Human Rights.
Government new clause 22—Interim remedies.
Government new clause 8—Report on safe and legal routes.
New clause 1—Detainees: permission to work after six months—
“(1) Within six months of the date of Royal Assent to this Act the Secretary of State must make regulations providing that persons detained under this Act may apply to the Secretary of State for permission to take up employment, including self-employment and voluntary work.
(2) Permission to take up employment under regulations made under subsection (1)—
(a) must be granted if the applicant has been detained for a period of six months or more, and
(b) shall be on terms no less favourable than those upon which permission is granted to a person recognised as a refugee to take up employment.”
This new clause would require the Secretary of State to make regulations within 6 months of the passing of the Act allowing those detained under measures in the Act to request permission to work after 6 months.
New clause 2—Arrangements for removal: pregnancy—
“The duty in section 2(1) and the power in section 3(2) do not apply in relation to a person who the Secretary of State is satisfied is pregnant.”
This new clause would exempt pregnant women and girls from the provisions about removals.
New clause 3—Effect of this Act on pregnant migrants: independent review—
“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on pregnant migrants.
(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”
New clause 4—Independent child trafficking guardian—
“(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable an independent child trafficking guardian to be appointed to assist, support and represent a child to whom subsection (2) applies.
(2) This subsection applies to a child if a relevant authority determines that—
(a) there are reasonable grounds to believe that the child—
(i) is, or may be, a victim of the offence of human trafficking, or
(ii) is vulnerable to becoming a victim of that offence, and
(b) no person in the United Kingdom is a person with parental rights or responsibilities in relation to the child.”
Based on a Home Affairs Select Committee recommendation (1st Report: Channel crossings, migration and asylum, HC 199, 18 July 2022), this amendment would establish an Independent Child Trafficking Guardian to support every asylum seeker under the age of 18 in their interactions with immigration and asylum processes.
New clause 5—Immigration rules since December 2020: human rights of migrants—
“(1) Regulations bringing any provisions of this Act into force may not be made before publication of a report under subsection (2).
(2) The Secretary of State must commission and lay before Parliament an independent report on the effects of the immigration rules on the human rights of migrants since December 2020.
(3) The report under subsection (2) must include, but is not limited to, an analysis of the following areas—
(a) safe and legal routes,
(b) relocation of asylum seekers,
(c) detention,
(d) electronic tagging,
(e) legal aid, accommodation, and subsistence,
(f) the right to work, and
(g) modern slavery.”
New clause 6—Effect of this Act on victims of modern slavery: independent review—
“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on victims of modern slavery.
(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”
New clause 7—Effect of this Act on the health of migrants: independent review—
“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on the physical and mental health of migrants.
(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”
New clause 9—Accommodation: duty to consult—
“(1) Section 97 of the Immigration and Asylum Act 1999 (supplemental) is amended as follows.
(2) After subsection (3A) insert—
‘(3B) When making arrangements for the provision of accommodation under section 95 or section 4 of this Act, the Secretary of State must consult with representatives of the local authority or local authorities, for the area in which the accommodation is located.
(3C) The duty to consult in subsection (3B) applies to accommodation including hotel accommodation, military sites, and sea vessels.
(3D) The duty to consult in subsection (3B) also applies to any third party provider operating within the terms of a contract with the Secretary of State.’”
This new clause would add to the current law on provision of accommodation to asylum seekers a requirement to consult with the relevant local authorities when making the necessary arrangements.
New clause 10—Expedited asylum processing—
“(1) Within 60 days of this Act coming into force, the Secretary of State must issue regulations establishing an expedited asylum process for applicants from specified countries who have arrived in the UK without permission.
(2) Within this section, “specified countries” are defined as those countries or territories to which a person may be removed under the Schedule to this Act.”
This new clause requires the Secretary of State to establish a process to fast-track asylum claims from specified countries.
New clause 11—Accommodation: value for money—
“(1) Within 90 days of this Act coming into force, the Secretary of State must lay before Parliament—
(a) all procurement and contractual documents connected with the provision of asylum accommodation and support provided by third-party suppliers under sections 4 and 95 of the Immigration and Asylum Act 1999;
(b) an updated value for money assessment for all asylum accommodation and support contracts currently in force.
(2) Any redactions to the documents provided under subsection (1) should only relate to material that is commercially sensitive.”
This new clause seeks to require the publication of key documents relating to asylum accommodation and support contracts held by private companies.
New clause 12—Border security checks—
“(1) The Secretary of State must appoint a named individual to conduct an investigation into the effectiveness of security checks undertaken at the UK border for the purposes of enforcing the provisions of this Act.
(2) This individual may be—
(a) the Independent Chief Inspector of Borders and Immigration, or
(b) another individual nominated by the Secretary of State.
(3) The first investigation conducted under this section must be completed one year after the date on which this Act is passed, with subsequent investigations completed every year thereafter.
(4) Findings of investigations conducted under this section must be published within three months of completion of the investigation.”
This new clause seeks to require an annual investigation into the effectiveness of security checks undertaken at the UK border for the purposes of enforcing the provisions of this Act.
New clause 13—Asylum backlog: reporting requirements—
“(1) The Secretary of State must, within three months of the date on which this Bill was published, and at intervals of once every three months thereafter, publish and lay before Parliament a report on the steps taken and progress made toward clearing the backlog of outstanding asylum claims, within the preceding three-month period.
(2) For the purposes of subsection (1) above, “the backlog of outstanding asylum claims” means the total number of asylum applications on which an initial decision had not yet been made as of 13 December 2022.
(3) In preparing the reports required by subsection (1) above, ‘progress toward clearing the backlog of outstanding asylum claims’ may be measured with reference to—
(a) the number and proportion of applications on which an initial decision is made within six months of the submission of the application;
(b) changes to guidance for asylum caseworkers on fast-track procedures for straightforward applications;
(c) measures to improve levels of recruitment and retention of specialist asylum caseworking staff; and
(d) any other measures which the Secretary of State may see fit to refer to in the reports.”
This new clause would require regular reports from the Secretary of State on progress toward eliminating the asylum backlog.
New clause 14—Safe and legal routes: family reunion for children—
“(1) The Secretary of State must, within three months of the date on which this Act enters into force, lay before Parliament a statement of changes in the rules (the “immigration rules”) undersection 3(2) of the Immigration Act 1971 (general provision for regulation and control) to make provision for the admission of unaccompanied asylum-seeking children from European Union member states to the United Kingdom for the purposes of family reunion.
(2) The rules must, as far as is practicable, include provisions in line with the rules formerly in force in the United Kingdom under the Dublin III Regulation relating to unaccompanied asylum-seeking children.”
This new clause seeks to add a requirement for the Secretary of State to provide safe and legal routes for unaccompanied asylum-seeking children with close family members in the UK, in line with rules previously observed by the UK as part of the Dublin system.
New clause 15—Border security: terrorism—
“(1) The Secretary of State must make arrangements for the removal of a person from the United Kingdom if the following conditions are met—
(a) the person meets the first condition in section 2 of this Act; and
(b) the Secretary of State is satisfied that the person has been involved in terrorism-related activity, as defined by section 4 of the Terrorism Prevention and Investigation Measures Act 2011.
(2) If the Secretary of State cannot proceed with removal due to legal proceedings, they must consider the imposition of terrorism prevention and investigation measures in accordance with the Terrorism Prevention and Investigation Measures Act 2011.
(3) The Secretary of State must lay a report before this House on activity under this section every 90 days.”
This new clause places on the Secretary of State a duty to remove suspected terrorists who have entered the country illegally, or consider the imposition of TPIMs for such individuals where removal is not possible.
New clause 16—International pilot cooperation agreement: asylum and removals—
“(1) The Secretary of State must, within three months of this Act coming into force, publish and lay before Parliament a framework for a 12-month pilot cooperation agreement with the governments of neighbouring countries, EU Member States and relevant international organisations on—
(a) the removal from the United Kingdom of persons who have made protection claims declared inadmissible by the Secretary of State;
(b) the prosecution and conviction of persons involved in facilitating illegal entry to the United Kingdom from neighbouring countries, including with regards to data-sharing; and
(c) establishing capped controlled and managed safe and legal routes, including—
(i) family reunion for unaccompanied asylum-seeking children with close family members settled in the United Kingdom; and
(ii) other resettlement schemes.
(2) In subsection (1)—
(a) “neighbouring countries” means countries which share a maritime border with the United Kingdom;
(b) “relevant international organisations” means—
(i) Europol;
(ii) Interpol;
(iii) Frontex;
(iv) the European Union; and
(v) any other organisation which the Secretary of State may see fit to consult with.”
This new clause would require the Secretary of State to lay before Parliament a framework for a new pilot co-operation agreement with the governments of neighbouring countries and relevant international organisations on asylum and removals.
New clause 18—Suspensive claims and related appeals: legal aid and legal advice—
“(1) The Secretary of State must make arrangements for legal aid to be available for the making of suspensive claims and related appeals under this Act.
(2) The Secretary of State must make arrangements to ensure that legal advice is available to support persons making suspensive claims under this Act.”
This new clause seeks to ensure legal aid and legal advice are available to persons for making suspensive claims and related appeals.
New clause 21—Afghan Citizens Resettlement Scheme: reporting requirements—
The Secretary of State must, no later than 7 June 2023 and at intervals of once every three months thereafter, publish and lay before Parliament a report on the operation of the Afghan Citizens Resettlement Scheme safe and legal route to the United Kingdom and on progress towards the Scheme’s resettlement targets for Afghan citizens.”
This new clause would require reports from the Secretary of State for each quarter since the publication of this Bill on the Afghan Citizens Resettlement Scheme, including Pathways 2 and 3.
Amendment 44, in clause 1, page 2, line 14, leave out subsection (3).
This amendment and Amendment 45 would require the courts to interpret the Act, so far as possible, in accordance with the UK’s international obligations contained in several international treaties.
Government amendments 111 to 113, and 77.
Amendment 45, page 2, line 28, leave out subsection (5) and insert—
“(5) So far as it is possible to do so, provision made by or by virtue of this Act must be read and given effect in a way which is compatible with—
(a) the Convention rights,
(b) the Refugee Convention,
(c) the European Convention on Action Against Trafficking,
(d) the UN Convention on the Rights of the Child, and
(e) the UN Convention relating to the Status of Stateless Persons.”
This amendment and Amendment 44 would require the courts to interpret the Act, so far as possible, in accordance with the UK’s international obligations contained in several international treaties.
Amendment 46, page 2, line 31, leave out clause 2.
Government amendment 89.
Amendment 17, in clause 2, page 3, line 9, at end insert “, and—
(a) was aged 18 years or older on the date on which they entered or arrived in the United Kingdom, and
(b) is not—
(i) part of the immediate family of,
(ii) a family member as defined by section 8(2) of this Act of, or
(iii) a person who otherwise had care of,
an individual who was under the age of 18 on the date on which they entered or arrived in the United Kingdom where that individual is physically present in the United Kingdom.”
This amendment would exempt children and, where they are accompanied, their immediate families from removal duty contained in clause 2 and other related duties or powers, ensuring the existing safeguarding regime in relation to these children is retained.
Amendment 47, page 3, line 38, at end insert—
“(10A) The duty under subsection (1) does not apply in relation to—
(a) a person who was under the age of 18 when they arrived in the UK;
(b) a person (“A”) who is an Afghan national where there is a real risk of persecution or serious harm to A if returned to that country;
(c) a person who is a refugee under the Refugee Convention or in need of humanitarian protection;
(d) a person (L) where there is a real risk of persecution or serious harm on grounds of sexual orientation if L were to be removed in accordance with this section;
(e) a person who, there are reasonable grounds to suspect, is a victim of torture;
(f) a Ukrainian citizen;
(g) a person who, there are reasonable grounds to suspect, is a victim of trafficking or modern slavery;
(h) a person who has family members in the United Kingdom;
(i) an person who meets the definition of an “adult at risk” in paragraph 7 of the Home Office Guidance on adults at risk in immigration detention (2016), including in particular people suffering from a condition, or who have experienced a traumatic event (such as trafficking, torture or sexual violence), that would be likely to render them particularly vulnerable to harm.”
This amendment would exempt certain persons from the Secretary of State’s duty to remove, including children, refugees, victims of modern slavery and other vulnerable people.
Government amendment 185.
Amendment 1, page 4, line 4, at end insert—
“(d) the person enters the United Kingdom from Ireland across the land border with Northern Ireland.”
This probing amendment would provide an exemption from the duty to remove for people who arrive in the UK from the Republic of Ireland via the land border with Northern Ireland.
Amendment 5, in clause 3, page 4, line 8, leave out
“at a time when the person is an unaccompanied child”
and insert
“where the person is an unaccompanied child or is a person who arrived in the United Kingdom as an unaccompanied child”.
This amendment seeks to remove the obligation on the Secretary of State to remove a person where the person has ceased to be an unaccompanied child.
Amendment 181, page 4, line 9, leave out subsections (2) to (4).
This amendment removes the power for the Secretary of State to remove an unaccompanied child before they turn 18.
Government amendments 174, 106 to 110, and 175.
Amendment 48, in clause 4, page 4, line 35, leave out paragraph (d).
This amendment would ensure the duty to remove under clause 2 did not apply “regardless” of a person making an application for judicial review in relation to their removal.
Amendment 49, page 5, line 2, leave out from “(2)” to end of line 2 and insert
“must be considered under the immigration rules if the person who made the claim has not been removed from the United Kingdom within a period of six months starting on the day the claim is deemed inadmissible.”
This amendment would require the Secretary of State to consider protection and human rights claims if removal had not been completed within 6 months of the declaration of inadmissibility.
Amendment 184, page 5, line 8, after “if” insert—
“the Secretary of State considers that there are reasonable grounds for regarding the claimant as a danger to national security or a threat to public safety, or”.
This amendment would prevent a person who meets the four conditions for removal in clause 2 and who is considered a threat to national security or public safety from making a protection claim or human rights claim.
Government amendment 176.
Amendment 182, in clause 5, page 5, line 36, after “child” insert—
“and where a best interest and welfare assessment carried out in the three months prior to that person turning 18 concluded it was appropriate for them to be removed”.
This amendment would add an additional requirement that a best interest and welfare assessment would need to have been carried out before the duty to remove applies to someone who was previously an unaccompanied child.
Government amendment 177.
Amendment 132, in clause 7, page 8, line 24, at end insert—
“(1A) P may not be removed from the United Kingdom unless the Secretary of State or an immigration officer has given a notice in writing to P stating—
(a) that P meets the four conditions set out in section 2;
(b) that a safe and legal route to the United Kingdom from P’s country of origin existed which P could have followed but did not follow;
(c) that the safe and legal route specified in paragraph (b) has been approved by both Houses of Parliament in the previous 12 months as safe, legal and accessible to persons originating in the relevant country; and
(d) the number of successful applications for asylum in each of the previous five years by persons following the safe and legal route specified in paragraph (b).
(1B) Any determination by the Secretary of State to remove P from the United Kingdom based on information provided by the notice referred to in subsection (1A) may be subject to judicial review on the basis that the information was flawed, and the Secretary of State may not remove P from the United Kingdom while any such judicial review is ongoing.”
This amendment would prevent the Home Secretary removing a person from the United Kingdom unless and until the Secretary of State has confirmed that a safe and legal route existed but that the person nevertheless chose to follow an alternative route which resulted in them arriving in the United Kingdom without leave.
Government amendments 79 to 83.
Amendment 50, in clause 8, page 9, line 36, after “family” insert “who arrives with P and”.
This amendment would limit the power to issue removal directions to family members, to those family members who arrived with the person being removed.
Government amendments 90, 91 and 139.
Amendment 51, page 13, line 10, leave out clause 11.
Government amendments 140, 134, 141, 142 and 135.
Amendment 2, in clause 11, page 14, line 46, at end insert—
“(2H) Sub-paragraphs (2C) to (2G) above do not apply to any person who—
(a) entered the United Kingdom as an unaccompanied child;
(b) has at least one dependant child; or
(c) is a pregnant woman.”
This amendment would prevent an immigration officer’s detention powers from being used to detain unaccompanied children, families with dependant children or pregnant women.
Government amendments 143 to 145, 136, 146, 147, 137 and 148.
Amendment 3, page 17, line 15, leave out subsection (11) and insert—
“(11) Subsections (5) to (10) above do not apply to any person who—
(a) entered the United Kingdom as an unaccompanied child;
(b) has at least one dependant child; or
(c) is a pregnant woman.”
This amendment would prevent the Secretary of State’s detention powers from being used to detain unaccompanied children, families with dependant children or pregnant women.
Amendment 52, page 17, line 18, leave out clause 12.
Government amendments 149, 86, 150, 87, 151 to 157, 85, 88, 84, and 158 to 160.
Amendment 53, page 22, line 30, leave out clause 15.
Amendment 183, in clause 15, page 22, line 39, at end insert—
“(5) Subject to subsections (6) to (8), an unaccompanied child may not be placed in, or once placed in, may not be kept in, accommodation provided or arranged under subsection (1) that has the purpose of restricting liberty (“secure accommodation”) unless it appears—
(a) that the child is likely to abscond from any other description of accommodation; and
(b) if they abscond, they are likely to suffer significant harm.
(6) A child may not be kept in secure accommodation for a period of more than 72 hours without the authority of the court.
(7) Subject to subsection (8), a court may authorise that a child may be kept in secure accommodation for a maximum period of 3 months.
(8) A court may from time to time authorise that a child may be kept in secure accommodation for a further period not exceeding six months at any one time.
(9) In this section, “significant harm” includes, but is not limited to, a high likelihood that the child will be at risk of trafficking or exploitation.”
This amendment would clarify the circumstances under which an unaccompanied child accommodated by the Home Office, rather than a local authority, can be accommodated in secure accommodation. It would require the child to be at risk of harm if they absconded, including at risk of being trafficked or exploited.
Amendment 7, page 23, line 1, leave out clause 16.
Government amendments 124 to 131.
Amendment 54, in clause 19, page 24, line 27, at end insert—
“(a) in the case of Wales, with the consent of Senedd Cymru,
(b) in the case of Scotland, with the consent of the Scottish Parliament, and
(c) in the case of Northern Ireland, the consent of the Northern Ireland Assembly is only required if the Northern Ireland Executive has been formed.”
This amendment would ensure provisions in relation to unaccompanied migrant children could not be extended to devolved nations without the consent of the devolved legislatures, as appropriate.
Amendment 55, in clause 21, page 25, line 17, leave out paragraphs (a) and (b) and insert—
“grounds of public order prevent observation of the reflection and recovery period, or if it is found that victim status is being claimed improperly.”
This amendment seeks to align provisions in clause 21 relating to exclusion from trafficking protections (a reflection period and leave to remain) to those in article 13 of the European Convention on Action Against Trafficking.
Amendment 12, page 25, line 22, after “decision”” insert—
“, unless the decision relates to the person being a victim of sexual exploitation”.
Amendment 4, page 25, line 32, at end insert “either—
(aa) the relevant exploitation took place in the United Kingdom; or”
This amendment is intended to exempt people who have been unlawfully exploited in the UK from provisions which would otherwise require their removal during the statutory recovery period and prohibit them being granted limited leave to remain.
Amendment 16, page 26, line 2, at end insert—
“(3A) Subsections (1) and (2) do not apply in relation to any person who is a national of a state which—
(a) has not ratified the relevant international legal agreements; or
(b) the Secretary of State has reasonable grounds to believe may not be effectively enforcing its obligations under the relevant international legal agreements; or
(c) the Secretary of State has reasonable grounds to believe may not be able or willing to prevent the person from becoming a victim of slavery and human trafficking upon their return to that country.
(3B) For the purposes of subsection (3A), “relevant international legal agreements” means—
(a) ILO Conventions 29 and 105 on Forced Labour;
(b) the European Convention on Human Rights;
(c) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime;
(d) the Council of Europe Convention on Action Against Trafficking;
(e) any other relevant agreement to which the United Kingdom is a party.
(3C) In determining whether paragraphs (b) and (c) of subsection (3A) apply, the Secretary of State must consult with, and pay due regard to the views of, the Independent Anti-Slavery Commissioner.”
This amendment stipulates that the duty to remove victims of modern slavery does not apply to nationals of countries which have not ratified international agreements relating to human trafficking, or which the Secretary of State has reason to believe may not be effectively enforcing its obligations under those agreements.
Government amendment 95.
Amendment 56, page 26, line 25, leave out subsections (7) to (9).
This amendment seeks to protect those victims of trafficking and slavery granted leave to remain under s65(2) of the Nationality and Borders Act from the power of the Secretary of State to revoke that in certain circumstances.
Amendment 57, in clause 22, page 27, line 11, leave out paragraphs (a) to (c) and insert—
“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”
This amendment seeks to align provisions in clause 22 relating to provision of support to trafficking victims in England and Wales to those in article 13 of the European Convention on Action Against Trafficking.
Amendment 13, page 27, line 14, after “person” insert—
“, unless the decision relates to the person being a victim of sexual exploitation”.
Amendment 58, in clause 23, page 27, line 24, leave out paragraphs (a) and (b) and insert—
“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”
This amendment seeks to align provisions in clause 23 relating to provision of support to trafficking victims in Scotland to those in article 13 of the European Convention on Action Against Trafficking.
Amendment 14, page 27, line 28, at end insert—
“unless the person is a victim of sexual exploitation”.
Government amendment 96.
Amendment 59, in clause 24, page 29, line 6, leave out paragraphs (a) and (b) and insert—
“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”
This amendment seeks to align provisions in clause 24 relating to provision of support to trafficking victims in Northern Ireland to those in article 13 of the European Convention on Action Against Trafficking.
Amendment 15, page 29, line 11, at end insert—
“unless the person is a victim of sexual exploitation”.
Government amendments 97, 114 to 119, 161, 162, 104, 105, 122, 92 and 163.
Amendment 8, in clause 30, page 35, line 31, leave out “has ever met” and insert— “is aged 18 or over at the time of entry into the United Kingdom and meets”.
This amendment seeks to provide an exemption from the ban on obtaining citizenship for family members of people who are subject to the “duty to remove” if they were either born in the UK or arrived in the UK as a child.
Government amendments 164 to 166.
Amendment 62, in clause 31, page 36, line 31, leave out paragraphs (a) to (d).
This amendment and amendments 63 to 65 seek to remove provisions which would prevent persons accessing British citizenship.
Government amendment 167.
Amendment 63, page 37, line 3, leave out sub-paragraphs (i) and (ii).
This amendment and amendments 62, 64 and 65 seek to remove provisions which would prevent persons accessing British citizenship.
Government amendment 168.
Amendment 64, in clause 32, page 37, line 17, leave out paragraphs (a) and (b).
This amendment and amendments 62, 63 and 65 seek to remove provisions which would prevent persons accessing British citizenship.
Government amendment 169.
Amendment 65, page 37, line 29, leave out sub-paragraph (i).
This amendment and amendments 62 to 64 seek to remove provisions which would prevent persons accessing British citizenship.
Amendment 66, page 37, line 39, leave out clause 33.
Amendment 67, page 38, line 1, leave out clause 34.
Government amendments 123, 170, 171, and 33 to 35.
Amendment 68, in clause 37, page 40, line 8, leave out from “means” to the end of line 12 and insert “—
(a) a protection claim
(b) a human rights claim, or
(c) a claim to be a victim of slavery or a victim of human trafficking.”
This amendment seeks to ensure that consideration of protection claims, human rights claims and slavery and trafficking cases would suspend removal under clause 45.
Government amendments 172, 173, and 36 to 43.
Amendment 69, in clause 43, page 45, line 30, leave out subsection (7).
This amendment seeks to reinstate onward rights of appeal against a decision of the Upper Tribunal under this clause.
Amendment 70, in clause 44, page 46, line 22, leave out subsection (7).
This amendment seeks to reinstate onward rights of appeal against a decision of the Upper Tribunal under this clause.
Government amendments 18 to 32, and 186.
Amendment 71, in clause 52, page 53, line 11, leave out sub-paragraph (i).
This amendment would ensure rules on inadmissibility of certain asylum claims were not extended to human rights claims.
Amendment 72, page 53, leave out line 33.
Amendment 75, in clause 53, page 55, line 11, leave out from “must” to the end of subsection (1) and insert—
“within six months of this Act coming into force, secure a resolution from both Houses of Parliament on a target for the number of people entering the United Kingdom each year over the next three years using safe and legal routes, and further resolutions for future years no later than 18 months before the relevant years begin.”
This amendment seeks to enhance Parliament’s role in determining a target number of entrants using safe and legal routes.
Amendment 76, page 55, line 15, after “authorities” insert—
“(aa) the United Nations High Commission for Refugees,
(ab) the devolved governments,
(ac) the Home Affairs Select Committee of the House of Commons,”
The purpose of this amendment is to broaden the scope of consultees on setting the target for the number of entrants using safe and legal routes.
Government amendment 11.
Amendment 9, page 55, line 37, at end insert—
““persons” means only individuals aged 18 or over on the day of entry into the United Kingdom;”
This amendment would exclude children from the annual cap on number of entrants.
Government amendments 178, 98 to 100, 120, 187, 133, 179, 180, 93 and 94.
Amendment 10, in clause 59, page 58, line 27, at end insert—
“but see section (Immigration rules since December 2020: human rights of migrants).”
This amendment is consequential on NC5.
Government amendments 103, 138, 101, 102, 121 and 188.
Amendment 73, page 59, line 19, at end insert—
“(4A) Section 23 comes into force on such day as the Secretary of State may by regulations appoint, provided that the Scottish Parliament has indicated its consent to the section coming into force.”
This amendment would require Scottish Parliament consent before disapplication of its legislation making provision for support for modern slavery and trafficking victims in Scotland could come into force.
Amendment 74, page 59, line 19, at end insert—
“(4A) Section 24 comes into force on such day as the Secretary of State may by regulations appoint, provided that, if a Northern Ireland Executive has been formed, the Northern Ireland Assembly has previously indicated its consent to the section coming into force.”
This amendment would require Northern Ireland Assembly consent before disapplication of its legislation making provision for support for modern slavery and trafficking victims in Northern Ireland could come into force.
Government amendment 189.
Government new schedule 1—Electronic devices etc.
Government amendment 78.
Robert Jenrick
On behalf of the Home Office, I pay tribute to those Border Force officers who nobly volunteered to serve in Sudan this week, to support British nationals and others as they are processed and swiftly returned to the United Kingdom. The Home Secretary and I praise their professionalism and their sense of service and duty.
Before I address the key Government amendments, it is worth reminding the House of why the Government introduced this vital Bill. A sovereign state must have control of its borders. Quite properly, we have an immigration system that determines who can come to the UK lawfully, whether to visit, to study, to work or for other legitimate reasons. Our immigration and asylum system also makes generous provision in providing sanctuary for people seeking protection. Indeed, we have offered such protection, in different ways, to nearly half a million people since 2015.
But the people of this country are rightly frustrated if a self-selected group of individuals can circumvent those controls by paying people smugglers to ferry them across the channel on a small boat. Why would someone apply to come to this country for employment if they can instead arrive on a small boat, claim asylum and then, as one amendment suggests, acquire the right to work here after 12 months?
Illegal migration undermines the integrity of our immigration system. It puts unsustainable pressure on our housing, health, education and welfare services, and it undermines public confidence in our democratic processes and the rule of law. That is why we want to stop the boats and secure our borders, and this Bill is dedicated to that goal. It will send a clear message that people who enter the United Kingdom illegally will not be able to build a life here. Instead, they are liable to be detained, and they will be removed either back to their home country, if it is safe to do so, or to a safe third country, such as Rwanda.
Mr Peter Bone (Wellingborough) (Con)
The Minister has rightly singled out two of my colleagues with flattery to try to help him—but he did not single me out, so he is going to get it in the neck. Suppose a 16-year-old in Moldova is told that she has a job in a restaurant in Belfast. She is provided with a Romanian passport. She comes across here on an aeroplane, with false documents, but when she gets to Belfast, she does not get a job. She is put in a terraced house and forced into prostitution; the lock is on the outside of the bedroom and she is effectively repeatedly raped. The police break that ring and rescue her. What happens then? At the moment, she gets protection, she is looked after and she helps with the prosecution. This Bill changes that. Can the Minister please tell me why? This person has been trafficked, not on a small boat, and exploited here. Why can he not accept the amendment in the name of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith)? It seems to me that there is no risk. I want his Bill to succeed, but this is—
Robert Jenrick
I apologise to my hon. Friend for not praising his long-standing interest in this issue and the very good conversation that he and I had recently, in which he made exactly the point that he has just made on the Floor of the House. We are concerned about those kinds of cases and about those individuals who are exploited within the United Kingdom, but we are keen to ensure that that is not inadvertently turned into a loophole that would undermine the broader scheme.
One of the existing protections within the Bill for an individual such as the one my hon. Friend mentions is the provision that, if someone is co-operating with a police investigation, the duty to remove will be suspended. Therefore, if somebody was in exactly the position he described, they should of course go to the law enforcement authorities. At that point, the safeguard that we put in the Bill would apply and they would not be removed from the country.
Robert Jenrick
I am not giving way, because time is very limited.
I have summarised the other Government amendments, which are more detailed and technical in nature, in a letter to the hon. Member for Aberavon (Stephen Kinnock), and placed a copy of it in the Library of the House. I stand ready to address any particular points in my winding-up speech, if necessary. For now, I commend all the Government amendments to the House and look forward to the contributions of other Members. I will respond to as many of those as I can at the end of the debate.
Stephen Kinnock (Aberavon) (Lab)
I start by associating myself with the comments of the Immigration Minister about the outstanding work that our armed forces have done in Sudan. I wish all who are there a speedy return home.
I want to make one thing absolutely clear, and it is a point with which I am sure every Member of this House agrees: the dangerous channel crossings must be stopped. Those extremely perilous journeys have tragically led to lives being lost, and the only people who benefit from that trade in human misery are the criminal smuggler gangs and people traffickers, who are laughing all the way to the bank at this Government’s failure to arrest and prosecute them. Labour has a comprehensive and workable five-point plan that will defeat the people smugglers and fix our broken asylum system. Our plan is expressed through the amendments and new clauses to this Bill that we have tabled, which I will speak to in due course.
Government Members repeatedly state that they wish to stop the dangerous channel crossings, but the fact is that they are completely and utterly failing to do so. Every single measure that Ministers announce turns out to be either an expensive and unworkable headline-chasing gimmick or a policy that succeeds only in making things worse, or indeed both. In the case of this legislative sham that we are debating today—this bigger backlog Bill—it is definitely both. Under the Conservatives, channel crossings have skyrocketed from 299 in 2018 to 46,000 in 2022. Throughout that period, Ministers have subjected the country to a seemingly endless stream of nonsensical proposals that have all been given pride of place on the front pages of the Daily Mail and The Daily Telegraph, only to be swiftly consigned to the dustbin of history where they belong.
For a deterrent to be effective, it has to be credible, and of course, our credibility is severely diminished every time we fail to follow through on a commitment that we have made. Let us take a quick canter through some of the posturing and empty threats that this shambles of a Government have engaged in over the past few years. They told us that the British coastguard would be instructed to push back dinghies in the channel, which would have breached the law of the sea and potentially led to further deaths of refugees and innocent children. Then they said they were going to build a giant wave machine in the English channel—I do not know where they would find a wave machine around here, given that the Conservatives have closed down most of England’s swimming pools, although I suppose it is possible that the Prime Minister might have a spare one back at his place.
The Government then said that they were going to fly asylum seekers to Ascension Island, 4,000 miles away, and they even fantasised about sending them to Papua New Guinea, which is literally on the other side of the planet. That brings us to the Government’s latest cunning plan: they went to Kigali and paid £140 million for a press release, and 12 months later they have managed to send more Home Secretaries to Rwanda than they have asylum seekers. One could be forgiven for finding all of this quite comical, but the fact is that it is deadly serious, because a vast amount of taxpayers’ money is being squandered on a profoundly unethical policy that is designed to fail on its own terms.
Even if the Rwanda scheme does get up and running, which the Government admit is unlikely to happen until at least March 2024, the Rwandan Government have refused to commit to taking more than around 1% or 2% of those who arrive here on small boats. We are talking hundreds of removals, rather than the thousands per year that might have a chance of deterring asylum seekers from crossing the channel. It will fail to stop the small boat channel crossings, because if a person has experienced personal tragedy, fought their way across continents and handed their life savings to a people smuggler so that they can endanger their own life crossing the channel, a 1% chance of being sent to Rwanda is simply not going to represent a level of risk that they might be averse to.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. We have had some very long opening speeches, and I have over 20 people wishing to contribute to the debate. That means that, in order to get everybody in, everybody would need to take about six minutes, if not less. We will prioritise those who have tabled amendments. That is just my guidance for the moment, because we also have the SNP spokesperson to come in.
Sir Iain Duncan Smith
I rise to speak to amendment 4, in my name and those of my right hon. and hon. Friends. It is essentially about clause 21. Since tabling it, I have realised that the Government have a new amendment—amendment 95—which I am afraid makes quite a lot of what we are trying to achieve with our amendment 4 almost impossible to deliver. However, I will go through the purpose of our amendment and then deal with the new Government amendment.
First, a lot of this is foreshadowed by the already existing Nationality and Borders Act 2022, and we still wait to see what its impact is on a lot of this. There is some clear evidence already that it is tightening up the areas that the Government want to tighten up when it comes to those suffering from modern slavery. Therefore, first and foremost, I question the necessity of these provisions about modern slavery in the Bill at all. Frankly, I do not want to be too broad; I want to focus on this problem quite carefully.
I think, and I hope, that the Government may recognise—my right hon. Friend the Minister mentioned that that is the general direction of his thinking at the moment, and I really hope that is the case—that there are unintended consequences of what they have to tried to do with the changes they are making in clause 21, and that the clause would be damaged without our amendment. It is interesting that my right hon. Friend the Member for Maidenhead (Mrs May) intervened with some very new evidence that the police are now saying that the effect of this, even though it is not in the Bill, is to concern people who might well give evidence that would lead to the prosecution and conviction of those guilty of trafficking. Can I just say that I think the whole purpose of this is to get the traffickers, prosecute them and put them inside? That is one of the deterrents against other traffickers doing such business, and I understand that the purpose of the Bill is to stop the business model of the traffickers, so this fits with that. The problem, as a counterpoint to that, is that clause 21 seems to move in the opposite direction and is actually now beginning to discourage people from the idea of giving evidence.
It is very important to remind everybody, because they get confused, that human trafficking is distinct from people smuggling. We tend to blur the edges of this, but human trafficking is about people who, against their will—when brought to this location or while in the UK—are themselves abused. All the issues were talked about earlier, but the reality is that this is against their will. They do not wish to do it, and we need categorical evidence of that. It is because this is dealing with the trafficking side rather than the people smuggling side that I am really concerned about it.
Remember that a majority of the potential victims referred through the national referral mechanism are exploited in the UK in full or in part. Mostly, those are non-UK nationals, but UK nationals are caught up in it as well. The majority of these cases are not relevant to those coming across on the boats; they are here. They have been trafficked, they are here and they are now involved in modern slavery, and they are possibly prepared to give evidence to the police in that regard. It could be sexual exploitation, or it could be criminal exploitation. When I was the Secretary of State for Work and Pensions, we saw evidence of that with people brought over to stake their claims to benefits, and then they would disappear off, trafficked into brothels and various other places. I want to say that it is important that we distinguish between that and the issue of the boats.
Many of those people are likely to have arrived in the UK illegally under the terms of this Bill, whether by small boat or lorry, or with leave obtained through deception such as false documents, including deception by their exploiter. Instead of being given temporary protection in the UK, these victims—under clause 21, as now amended by amendment 95—will be subjected to removal and detention under this Bill and denied access to the statutory 30-day recovery period of support for modern slavery victims. Victims will be driven even further underground—this is our fear and the fear of those who deal with them—by the fear of deportation and trapped in the arms of their abusers. Why would that be the case? The answer is simple. If one looks at the wording of clause 21, we see straightaway a clear shift in balance: it is left to the Secretary of State to judge whether victims are going to give evidence or are giving evidence that is relevant.
Then there is Government amendment 95, which I am really concerned about. It shifts the whole rationale in the opposite direction. Instead of there being a judgment about that, under clause 21, it is clear that the premise of the Secretary of State’s decision making is now reversed:
“The Secretary of State must assume for the purposes of subsection 3(b) that it is not necessary for the person to be present in the United Kingdom to provide the cooperation in question unless the Secretary of State considers that there are compelling circumstances which require the person to be present in the United Kingdom for that purpose.”
I raised this point earlier. In doing that,
“the Secretary of State must have regard to guidance issued by the Secretary of State.”
That looks to me like a bit of a closed advice section, which will come up with the same decision at the end of the day. Government amendment 95 amends clause 21, which we already had concerns about.