Illegal Migration Bill

(Limited Text - Ministerial Extracts only)

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Alison Thewliss Portrait Alison Thewliss
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The hon. Lady—I am a member of that all-party parliamentary group—is absolutely correct to make that point. We have a responsibility here, but the way in which the Bill is drafted takes no account of people’s health circumstances. It could put people at severe risk if they are sent back or denied treatment.

Alison Thewliss Portrait Alison Thewliss
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The Minister shakes his head, but the Home Office has form in denying people who receive medication to manage their condition the treatment they are entitled to in detention, which is where it wishes to place people. The National AIDS Trust highlighted for me a case of a person detained at Harmondsworth immigration removal centre who was denied access to the care that would meet clinical guidelines. He could not get his medication and then it was not given at the appropriate times—with food, as prescribed—because the staff had no experience of that and were not able to support him adequately. If the Government are going to deny people entry and detain them, what is the guidance? What guarantees can the Minister give that those with HIV/AIDS will be able to access the treatment that is keeping them alive?

Amendment 194 exempts people who have family members in the United Kingdom. There are many cases I could attribute to this amendment, but I will call it Ibrahim’s amendment. He is here in the UK, but his wife, son and daughter are in Iran. They have been patiently waiting for over six months for a family reunion visa to be processed. In the meantime, his family are in danger. His daughter was followed home from school and raped by the Islamic Revolutionary Guard Corps. This is why people do not wait in-country for the Government to process their visas. They do not wait because they are at risk of persecution, rape, danger and torture. That is why people flee. People come here to join family because they are in danger. They are not prepared to wait for safe and legal routes, because in many cases they do not exist. Family reunion, in many cases that I see, is just too slow and not available to everybody who needs it.

Amendment 195 exempts people for whom there are reasonable grounds to suspect that they are victims of trafficking or slavery. I will call this Eva’s amendment. Eva is a 28-year-old woman from south-eastern Europe who was referred to the TARA—Trafficking Awareness Raising Alliance—service in Glasgow by Police Scotland over the 2016 festive period. Through a relationship she believed was real, she ended up being assaulted, drugged, trapped in sex work and trafficked. She was later placed on a lorry and moved for three days. Eventually, she came to be in Scotland, where she was kept in a flat, isolated from the other women who were also being held. She was raped multiple times by men every day. She was able to escape and find her way to the police. Under the Bill, she would now get no support. Her trafficker will now threaten her: if she goes to the authorities, they will send her to Rwanda. They will keep her under control with the measures the Government are bringing forward in the Bill. In addition, she will not get the expert support that TARA provides in Glasgow. She will be at risk of re-trafficking and further exploitation. This is the reality of the Bill for Eva and many like her: a trafficker’s charter.

Amendment 196 exempts people who meet the definition of an “adult at risk” in paragraph 7 of the 2016 Home Office guidance on adults at risk in immigration detention, 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. Let us call this Mohammed’s amendment, after the experience of young people described by Freedom from Torture in its report “Fleeing A Burning House”, which I commend to all Members on the Conservative Benches. Mohammed arrived in the UK via Libya. The report states:

“In Libya, the treatment is so cruel. We have quite a few young people who were really traumatised...Smugglers were basically killing people on the journeys...I think that one of the most traumatic experiences is being raped or seeing the brutality of people.”

The UK Government in this Bill are seeking not to assess the trauma that people arrive with, but to remove them without asking any questions. Putting people into immigration detention re-traumatises people. I visited Napier barracks. There is no privacy and no dignity. Diseases such as covid and scabies run rife. This model dehumanises. I have heard some people say that if it was good enough for troops it is good enough for refugees, but the reality is that these facilities have been abandoned by the Ministry of Defence for good reason: they were inadequate. For many fleeing trauma, it is that militaristic experience they are running from. It is entirely inappropriate for vulnerable people. We know from the Brook House inquiry that the Home Office has a sketchy history of supporting those who meet the definition of adults at risk. It should be reducing immigration detention, not expanding it.

Our list of exemptions is not exhaustive. We accept Labour’s amendment 2, which mentions gender. It is not possible to detail every single possible category of person who should be exempt from the duty to remove, because every person who comes has their own story and their own circumstances. A Bill that treats all of them as a problem to be removed is not fit for purpose. The duty to remove is far too broad and currently has only minimal narrow exemptions. By including people such as victims of trafficking in the duty to remove, the Home Secretary is creating circumstances where traffickers have even more power over the people they are trafficking.

Amendment 197 removes the backdated element of the legislation. Many people who had already started their journeys will not have been aware of the legislation when they began. The legislation will impact people who have already accessed support arrangements here in the UK and who are, to all intents and purposes, in the asylum system. They could not have known the detail of the Bill, which had not been published when they made their journey, and it is particularly egregious that they should be punished for that.

Clause 3, on unaccompanied children regulations, gives power to the Home Secretary to remove unaccompanied children. There is no duty to do so, but it remains at her discretion. On Second Reading, the Home Secretary said that the duty to remove will not apply to unaccompanied asylum-seeking children and that “only in limited circumstances” would the power to remove unaccompanied children be used, such as for family reunion. However, there is no detail in the Bill itself of when such a power would be used. Given all I know about the Home Office, I certainly would not trust them as far as I could throw them.

The Children’s Commissioner for England team told me that they recently met a boy who believes that his family were killed in Iran. He was brought to the UK by people smugglers. They stated:

“He had no idea which country he was coming to and no choice in the matter. The Bill sets out that children like this boy who arrive in this country irregularly, whether alone or with their families, will essentially be denied the right to claim asylum in the UK. These are children who are fleeing persecution and then further exploited and abused by people smugglers. Any child arriving in the UK after these experiences must first and foremost be viewed as vulnerable, and in need of love and care. Many of these children will have been trafficked here against their will and must not be held accountable for the crimes of their adult exploiters.”

Clause 4 makes applications under clause 2 inadmissible, so the UK Government will not consider the application at all, no matter how strong an application may be. Separated children will also have any claims deemed inadmissible.

Clause 5 details the Home Secretary’s duty to remove people, which we would amend by including safeguarding clauses so that people cannot be removed to dangerous countries. Research for the Refugee Council has shown that around half the people who made the journey last year came from just five countries with high asylum grant rates. Those people cannot be sent back home. It is not possible to send an Afghan back to Afghanistan or a Syrian back to Syria—they are not included on the safe countries list.

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Alistair Carmichael Portrait Mr Carmichael
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And the evidence. The lack of evidence and impact assessments runs like a silver thread through the Bill. Have the impact assessments been done? Will they ever be done? If they have been done, will they be published? The hon. Member for Aberavon (Stephen Kinnock) made much of that in his speech, and he was absolutely right to do so. I was tempted to intervene on him to say, “Hold on a second here, man. You shouldn’t be going so fast; you should allow the Minister to get to his feet and tell us the position.” But the Minister did not do so then, and I suspect that he will not do so now, either. There have been times when I have seen Ministers on the Treasury Bench look more uncomfortable than the Minister for Immigration did when listening to the speeches of his right hon. Friends, but I am struggling to think of when that might have been.

The points that I will focus on relate to the question of detention and, in particular, the detention of children. The detention of children is something that I thought we had seen the back of. Although that initiative was driven by my former colleague, Sarah Teather, when she was the Minister with responsibility for young people, I again pay tribute to the right hon. Member for Maidenhead, who did so much to support it in the Home Office. It was an absolute stain on our country that we kept children locked up in immigration removal centres such as Dungavel in Scotland.

I remember visiting Dungavel—it must have been in 2007 or 2008. I also remember, I have to say, successive Home Office and Immigration Ministers in the then Labour Government standing up at the Dispatch Box and saying that I was a bleeding-heart liberal, and that this was just something that we had to live with and nothing could be done. Of course, as we know, there were things that could be done, and they ultimately were done—we did them five years later.

I think it tells us quite a lot about the journey that the Conservative party has been on since those years in 2011 and 2012 that the Government feel it necessary to reintroduce detention for children. We have had 10 years without it now, and what have the bad consequences of that been? I do not see any. Nobody is saying that it has caused a massive increase or spike in any particular problems, but now, for the sake of sheer political positioning, we are going to return to a situation in which children will be placed behind razor wire in places such as Dungavel.

Robert Jenrick Portrait Robert Jenrick
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indicated dissent.

Alistair Carmichael Portrait Mr Carmichael
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The Minister is sitting there shaking his head. If he wants to intervene and tell me I am wrong about this, I am more than happy to take his intervention.

Robert Jenrick Portrait Robert Jenrick
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I would be happy to do so, or to answer more fully later when I make my remarks. It is undoubtedly true that we face a serious situation today where the number of unaccompanied minors coming into the country over the channel has increased fourfold since 2019. That places a great strain on our system, and we need ways to ensure that where those people are age-assessed and may ultimately be decided not to be minors, they are held in appropriate detained accommodation. That is one of the issues we are seeking to tackle with this part of the Bill.

Alistair Carmichael Portrait Mr Carmichael
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I hope that the Minister gets a hold of Hansard tomorrow, reads what he has just said and, as my mother used to say to me, takes a long, hard look at himself, because the idea that that is a justification for locking up children is absolutely disgraceful. For him to try to draw and to invent a causal link where none exists is a consistent line of the way this Government act. It is the same way that they tried to draw a causal link between the Modern Slavery Act and those coming in small boats—it just does not exist.

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Stella Creasy Portrait Stella Creasy
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When the Immigration Minister was dismissing concerns about locking children up, suggesting that they probably were not children because of concerns about age verification, the right hon. Member for Orkney and Shetland (Mr Carmichael)—I am sorry that he is no longer in his place—used a gentle phrase that his mother might say: “Have a long look in the mirror.” Well, I suggest that the hon. Member for Stoke-on-Trent North gives his head a wobble for what he has just said about children who have gone missing; 16 and 17-year-olds are children—[Interruption.] He is chuntering from a sedentary position. If those children turn up, I hope to goodness that they all turn up safe and well, because if they do not, what the hon. Member has just said will come back to haunt him—[Interruption.] He can keep shouting all he likes, but the vast majority of the British public are horrified by the idea that 200-plus children have gone missing from hotels that the Home Office was supposed to be overseeing.

There is due to be a public inquiry into the Manston centre. The Government have accepted that because of possible article 3 breaches—basically, concerns about how we were treating pregnant women and young children going into Manston—but that investigation has not yet happened and cannot yet inform this legislation. Clause 11 extends detention for families and pregnant women, and clause 14 removes the duty to consult the independent family returns panel about the treatment of children. Children are under the age of 18; we accept that in law.

We have provisions in law—on, for example, the use of bed and breakfasts—that have not been mirrored to date in our treatment of children who have come in through this system. I can hear why in the callous disregard of the hon. Member for Stoke-on-Trent North, but I go back to this simple principle: whatever we think of the parents of these children, we should not be punishing children by agreeing in law that they have second-class citizenship. That is what this legislation will do to refugee children.

Robert Jenrick Portrait Robert Jenrick
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indicated dissent.

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Roger Gale Portrait The Second Deputy Chairman of Ways and Means (Sir Roger Gale)
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The shadow Leader of the House has been in the House long enough to know that it is the responsibility of the Government, not the Chair, to publish or not publish Government papers. However, she asked me a question and has placed her point on the record. I am about to call the Minister of State to reply, and he has heard what the hon. Lady has said.

Robert Jenrick Portrait Robert Jenrick
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It has been a wide-ranging and interesting debate. I am grateful to all right hon. and hon. Members for their contributions. I will not detain the Committee by dwelling on the Government amendments as they are all, essentially, technical in nature. I will instead set out to respond to as many of the amendments and new clauses that have been debated as possible. I take issue with those who said that the Government provided insufficient time to debate. I note that both today and yesterday, the debates have concluded almost an hour before the allocated time.

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Theresa May Portrait Mrs May
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I wonder if my right hon. Friend would clarify one point. He just said that the Government will act to deal with all people who have come here illegally. That is not what the Bill does. It has caveats—it deals only with those who have come here illegally through a third safe country. Could he just clarify that?

Robert Jenrick Portrait Robert Jenrick
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My right hon. Friend is correct that the Bill does not seek to change the arrangements for those who come here directly and claim asylum from a place of danger. That is an important point and a principle of our long-standing asylum obligations. Let us be honest: the reason we are here today is because of those who pass through safe countries such as France. Last year, 45,000 people crossed the channel in small boats from a place of safety with a fully functioning asylum system. This scheme applies to those individuals, with certain carefully thought through mechanisms to protect those who would be placed in serious or irreversible harm should they be taken to a safe third country. It is essential that we pass this scheme as it is, rather than as the leaky sieve that the hon. Member for Glasgow Central wishes so that she can undermine the intent of this policy.

Alison Thewliss Portrait Alison Thewliss
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The Minister says that people should come here directly. Will he tell me how many direct flights there are to Heathrow from Yemen, Afghanistan or Syria?

Robert Jenrick Portrait Robert Jenrick
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People do come here directly from places of danger. The hon. Lady is incorrect. We have long-standing arrangements for those people who transit through other countries to come here, so her point is wrong.

The wider issue, which she and I have debated on many occasions, is that we have heard continuously from her and her SNP colleagues a kind of humanitarian nimbyism. They come to this Chamber to say how concerned they are for those in danger around the world, yet they take disproportionately fewer of those very people into their care in Scotland.

Let me turn to the serious questions that have been raised about children. We approach these issues with the seriousness that they deserve and from the point of view that the UK should be caring and compassionate to any minor who steps foot on these shores. These are not easy choices, but the challenge we face today is that large numbers of minors are coming to the United Kingdom at the behest of human traffickers or people smugglers, and we have to deter that. We must break the cycle of that business model.

Since 2019, the number of unaccompanied minors coming to the UK has quadrupled, meaning that thousands of unaccompanied minors have been placed in grave danger in dinghies and then brought to the UK, in some cases to enter the black economy and in others for even more pernicious reasons. I have met those children. I have seen them at Western Jet Foil, and I can tell the House that there is no dignity in that situation. As a parent, seeing children in dinghies risking their lives is one of the most appalling things one could see. I want to stop that. The measures we are bringing forward today intend to stop that.

We are going to do this in the most sensitive manner we can, and the powers that we are bringing forward under the Bill do just that. The duty to make arrangements for removal does not apply to unaccompanied children until they become adults. There is a power, not a duty, to remove unaccompanied children. As a matter of policy, the power to remove will be exercised only in very limited circumstances, such as for the purposes of family reunion, or if they are nationals of a safe country identified in clause 50 and can be safely returned to their home country. It is important to stress at this point that that power is already in law and is used on occasion when an unaccompanied child arrives and we are able to establish arrangements for their safe return. The Illegal Migration Bill simply expands the number of countries deemed safe for that removal.

Stella Creasy Portrait Stella Creasy
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The Government have accepted that they will be subject to an article 3 investigation to see whether there have been breaches of the Human Rights Act at Manston—basically the treatment of people in inhumane and degrading ways. The Government are resisting that being an independent inquiry. Why not wait until that inquiry happens? Why not learn the lessons of how they got into the mess at Manston before moving forward with this legislation, so that we do not risk again seeing pregnant women and unaccompanied children in the dinghies and in the devastation that the Minister just set out? Why press ahead without learning the lessons of his previous failures?

Robert Jenrick Portrait Robert Jenrick
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Nobody could dispute the seriousness with which I took the situation at Manston in the autumn, or dispute that the situation we are in today is incomparably different. Manston is a well-run facility, led by a superb former Army officer, Major General Capps, and we are ensuring that the site is both decent and legal. Responsibility for the failures at Manston in the autumn of last year does not rest with the Government. It does not rest with the people who work at Manston. It rests with the people smugglers and the human traffickers. It was a direct result of tens of thousands of people coming into our country illegally in a short period of time.

I can tell the hon. Lady that the same thing will happen again if we do not break the cycle and stop the boats. More people will come later this year. She knows that the numbers are estimated to rise this year unless we take robust action. That is what this Bill sets out to achieve. If we take this action, fewer people will put themselves in danger and fewer children will be in this situation. That is what I want to see, and I think that is what the British public want to see as well.

Edward Timpson Portrait Edward Timpson
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On unaccompanied children, may I ask the Minister to address the point I raised about the power in clause 16 for the Secretary of State to remove a child from local authority care, when the Secretary of State does not have powers under the Children Act and the responsibilities that follow? Will he set out the reasons behind that—if not in full now, certainly before Report?

Robert Jenrick Portrait Robert Jenrick
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I thank my hon. and learned Friend for that comment. As an important aside that relates to other issues he has raised, nothing in the Bill disapplies the Children Act, which will continue to apply in all respects with regard to the children we deal with in this situation. In answer to his particular point, we are taking this power so that in the very small number of judicious cases in which we set out to remove a child, we can take them from the care of the local authority into the responsibility of the Home Office for the short period before they are removed from the country. I have given two examples of situations in which we would use that power, and I will happily give them again. I know that my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) is concerned about this point.

The first situation is where we are seeking to return a young person to their relatives in another country. I think it is incredibly important that we keep the ability to do so, because that does happen occasionally. It is obviously the right thing to do to return somebody to their mother, their father, their uncle or the support network that they have in another country.

The other situation is where we are removing somebody who has arrived as an unaccompanied minor to another safe country, where we are confident that they will be met on arrival by social services and provided with all the support that one would expect. That happens all the time here with unaccompanied minors; I think the right hon. Member for Hayes and Harlington (John McDonnell) mentioned, drawing on his experience as a local Member of Parliament around Heathrow, that it happens regularly. It is important that we continue to have that option, because we should not be bringing people into local authority care for long periods in the UK when we can safely return them home, either to their relatives or to their home country, where they can be safeguarded appropriately.

Debbie Abrahams Portrait Debbie Abrahams (Oldham East and Saddleworth) (Lab)
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Will the Minister respond to the point raised by my hon. Friend the Member for Bristol West (Thangam Debbonaire)? Where is the impact assessment for the Bill?

Robert Jenrick Portrait Robert Jenrick
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The impact assessment will be published in due course.

Let me continue with the points I was making. I return to a question that has been raised on several occasions about our policy on the detention of minors. Let me say, speaking as a parent, that of course we take this incredibly seriously. We do not want to detain children. We have to apply the highest moral standards when we take this decision.

The circumstance in which we would use that power is where there is an age assessment dispute about an unaccompanied minor. It is easy to dismiss that, but it happens all the time. My hon. Friend the Member for Mansfield (Ben Bradley) was correct to raise his experience as a local authority leader. There are a very large number of such disputes: between 2016 and December of last year, there were 7,900 asylum cases in which age was disputed and subsequently resolved. In almost half of those cases —49%—the people in question were found to be adults.

Where there is a live age assessment dispute, it would be wrong for the Government to place those people in the same accommodation as minors who are clearly children, creating safeguarding risks for them. I am not willing to do that. I want to ensure that those children are properly protected. When I visited our facilities at Western Jet Foil recently, I asked a member of staff who was the oldest person they had encountered who had posed as a minor. They said that that person was 41 years of age! Does anyone in this House seriously want to see a 41-year-old man placed with their children? I do not want to see it, and that is the circumstance in which we are going to take and use these very judicious powers.

My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) raised a number of important points in respect of his amendment on mandatory scientific age assessments. I can say to him that not only are those valid points, but the Government are considering carefully how we should proceed in this regard. The UK is one of the very few European countries that do not currently employ scientific methods of age assessment. In January, the Age Estimation Science Advisory Committee published a report on the issue. The Home Secretary and I are giving careful consideration to its recommendations, and I hope to be in a position to say more on Report.

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Alison Thewliss Portrait Alison Thewliss
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Will the Minister give way?

Robert Jenrick Portrait Robert Jenrick
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I will give way one last time, but I want to bring my remarks to a close as soon as possible.

Alison Thewliss Portrait Alison Thewliss
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I have constituents who have been waiting for 20 months in a hotel for the Home Office to conduct a substantive interview. Others have been waiting for 16 months, 18 months, two years or 40 months. If the Home Office processed those people, they would have no need to be in hotels.

Robert Jenrick Portrait Robert Jenrick
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We are doing that. That is the plan that the Prime Minister set out in December, on which we are already making good progress.

Let me say two further things to the hon. Lady. First, the only way to reduce the number of people in the system is to stop the boats. No system, even the most efficient system in the world, could cope with 45,000 people breaking into our country against our laws and then seeking asylum. Secondly, the hon. Lady knows that the way to get people out of hotels is for all parts of the United Kingdom to step up and provide the accommodation that is required, but she and her SNP colleagues consistently decline to do that.

My right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright) made a thoughtful and important point in his amendment 283, relating to the citizenship provisions in the Bill. I note his concerns, and we will reflect on them and come back to him. I look forward to engaging with him, but let me make this point. There is a route towards entering the United Kingdom, even for someone who, at some earlier stage, had entered illegally and been caught by the provisions of the Bill. We specifically included that to ensure that we continue to meet our international law obligations.

My right hon. and learned Friend was right to say that there is a different route and standard with respect to achieving citizenship. The reason that we did that was our belief that British citizenship is a special privilege which is not something that should be given lightly, but that if someone breaks into our country and breaches our laws, there should be a higher standard to be applied before that person gains citizenship of our country.

Robert Jenrick Portrait Robert Jenrick
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I am not going to give way again. [Interruption.] I am not going to give way to the hon. and learned Lady. Let me turn to—[Interruption.] Let me turn—

Roger Gale Portrait The Second Deputy Chairman of Ways and Means (Sir Roger Gale)
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Order. Twenty-seven Members have taken part in the debate this afternoon, and there are rather more Members present who are speaking but who did not take part in the debate. The 27 who were here, taking part in the debate, have a right to hear what the Minister has to say, and it would be good if they could do it without interruption. That means without interruption from either side of the House.

Robert Jenrick Portrait Robert Jenrick
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Thank you, Sir Roger. The hon. and learned Member for Edinburgh South West (Joanna Cherry) does not like the Bill. She is going to vote against the Bill and she does not want to stop the boats. She has tabled a whole raft of amendments with her colleagues, and we all know what the purpose of those amendments really is.

Joanna Cherry Portrait Joanna Cherry
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On a point of order, Sir Roger. Is it in order for the Minister to so misrepresent my position? I tabled my amendments as the Chair of the Joint Committee on Human Rights, not on behalf of the Scottish National party, and the point I wish to make is that he has not answered a single point raised by anyone who spoke from the Opposition Benches. It is a farce—a farce!

Roger Gale Portrait The Second Deputy Chairman of Ways and Means (Sir Roger Gale)
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Order. That is an observation, not a point of order. The hon. and learned Lady is fully aware that Members are responsible for their own remarks on the record. They have to take responsibility for that.

Robert Jenrick Portrait Robert Jenrick
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Sir Roger, it is an observation but it is also incorrect, because I have already spoken about the many questions around children that have been raised.

Before I wind up my remarks, I want to address the issues regarding modern slavery that have been raised by my right hon. Friends the Members for Maidenhead (Mrs May) and for Chingford and Woodford Green (Sir Iain Duncan Smith). All of us in Government look forward to engaging with them and learning from their unrivalled expertise and experience in this field as we ensure that the Bill meets the standards that we want it to meet. A number of hon. and right hon. Members said there was no evidential basis for taking action with regard to modern slavery. I do not think that that is fair. Let me just raise a few points of clarification. When the Modern Slavery Act was passed in 2015, the impact assessment envisaged 3,500 referrals a year, but last year there were 17,000 referrals. The most referred nationality in 2022 was citizens of Albania, a safe and developed European country, a NATO ally and, above all, a signatory to the European convention against trafficking.

Jess Phillips Portrait Jess Phillips
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Will the Minister give way?

Robert Jenrick Portrait Robert Jenrick
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I am not going to give way on this occasion.

In 2021, 73% of people who arrived on small boats and were detained for removal put forward a modern slavery claim.

Theresa May Portrait Mrs May
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Will my right hon. Friend give way?

Robert Jenrick Portrait Robert Jenrick
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I would be pleased to give way to my right hon. Friend.

Theresa May Portrait Mrs May
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I am grateful to my right hon. Friend for giving way and for repeating the figures that have been set out previously. The fact that the number of referrals to the national referral mechanism has increased does not mean that there is abuse of the system. It means, actually, that we may just be recognising more people who are in slavery in our country. That 73% was 294 people, and of those who have had their cases looked at by the NRM, nearly 90% are found to be correct cases of slavery.

Robert Jenrick Portrait Robert Jenrick
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With great respect to my right hon. Friend, I do not think it is correct to denigrate the concern that 73% of those people who arrived on small boats and were detained for removal put forward a modern slavery claim. I think that figure suggests that, were we to implement the scheme in the Bill—and it is absolutely essential that we do—a very large number would claim modern slavery. That would make it almost impossible for us to proceed with the scheme. The evidence, I am afraid—

Jess Phillips Portrait Jess Phillips
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Will the Minister give way?

Robert Jenrick Portrait Robert Jenrick
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I am not going to give way. I am going to bring my remarks to a close, because I think I have spoken long enough.

Robert Jenrick Portrait Robert Jenrick
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But I will give way to my right hon. Friend.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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Can I gently suggest to my right hon. Friend that the whole purpose of raising this issue was not to bandy the figures? There is a real disregard for some of the real figures here. He is quite right to say that the Government are concerned that there will be an exponential rise, as an alternative to coming across illegally. We should bear in mind that these people are trafficked; that is the key difference. All we are asking the Government to do is to look carefully at this and not take the power until they can see and show the evidence. After all, we have yet to see the impact of the Nationality and Borders Act 2022. All I am asking of him, gently, is please just to accept that the Government will think about that before the Bill comes back on Report.

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Robert Jenrick Portrait Robert Jenrick
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As I have previously said to my right hon. Friend, I look forward to listening and engaging with him and like-minded colleagues. However, we come to this issue with a serious concern that there is mounting evidence of abuse of the system, and we want to ensure that the scheme we bring forward works and does the job.

Jess Phillips Portrait Jess Phillips
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Will the Minister give way?

Robert Jenrick Portrait Robert Jenrick
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I will not give way, because I am about to bring my remarks to a close.

Jess Phillips Portrait Jess Phillips
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He’s scared of me!

Robert Jenrick Portrait Robert Jenrick
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I will happily give way, then. I am certainly not scared of the hon. Lady.

Jess Phillips Portrait Jess Phillips
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The Immigration Minister says there is mounting evidence. Which agency does it come from? Is it Border Force? Is it the National Crime Agency? Is it local authorities? Which of the agencies that make modern slavery referrals is responsible for the most fraudulent referrals? Is it one that the Home Office manages, or is it somebody else?

Robert Jenrick Portrait Robert Jenrick
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I gave way to the hon. Lady against my better judgment, and what she says is not the point. The point is that three quarters of people on the verge of being removed from this country claim modern slavery. I am afraid that is wrong, and we need to bring it to a close.

With that, I fear I have run out of time. I look forward to engaging with colleagues, particularly those I have referenced this evening. I encourage colleagues on both sides of the House to continue supporting this incredibly important piece of legislation.

Alison Thewliss Portrait Alison Thewliss
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If you will allow, Sir Roger, I understand that Members can speak twice in Committee of the whole House.

What we have heard from the Minister is utterly disgraceful. He has not presented any evidence to back up his claims or to back up this legislation. We have no evidence. There is no evidence. He has not presented any evidence. He has not presented even so much as an impact assessment of this legislation, yet he and his Conservative colleagues are about to vote against all our worthy amendments without a shred of evidence to support them. [Interruption.] He did not give the evidence. With the greatest of respect to the Minister, the hon. Member for Birmingham, Yardley (Jess Phillips) asked for evidence and he was unable, or unwilling, to present that evidence to the Committee. Which is it—unable or unwilling?

The Committee will vote to demonise, to stigmatise and to remove victims of modern slavery and trafficking from this country, on the basis of no evidence whatsoever.

--- Later in debate ---
Robert Jenrick Portrait Robert Jenrick
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indicated dissent.

Roger Gale Portrait The Second Deputy Chairman
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Does the hon. Lady wish to press the amendment to a Division?

--- Later in debate ---
19:46

Division 203

Ayes: 242


Labour: 176
Scottish National Party: 41
Liberal Democrat: 12
Independent: 6
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1
Alba Party: 1

Noes: 309


Conservative: 298
Democratic Unionist Party: 7
Independent: 3

Clause 2 ordered to stand part of the Bill.
--- Later in debate ---
20:01

Division 204

Ayes: 302


Conservative: 297
Independent: 3

Noes: 242


Labour: 172
Scottish National Party: 43
Liberal Democrat: 12
Independent: 7
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1
Alba Party: 1

Clause 11, as amended, ordered to stand part of the Bill.
--- Later in debate ---
20:14

Division 205

Ayes: 248


Labour: 170
Scottish National Party: 42
Liberal Democrat: 12
Democratic Unionist Party: 8
Independent: 6
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1
Alba Party: 1

Noes: 299


Conservative: 295
Independent: 3

Clause 22 ordered to stand part of the Bill.
--- Later in debate ---
20:25

Division 206

Ayes: 249


Labour: 173
Scottish National Party: 42
Liberal Democrat: 12
Democratic Unionist Party: 8
Independent: 6
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1
Alba Party: 1

Noes: 301


Conservative: 296
Independent: 3

New Clause 27
--- Later in debate ---
20:37

Division 207

Ayes: 248


Labour: 173
Scottish National Party: 43
Liberal Democrat: 12
Democratic Unionist Party: 7
Independent: 6
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1
Alba Party: 1

Noes: 301


Conservative: 296
Independent: 3

Clause 1 ordered to stand part of the Bill.