Illegal Migration Bill

Baroness Stroud Excerpts

2nd reading
Wednesday 10th May 2023 Lords Chamber

[Baroness Stroud (Con)]

My Lords, it is a privilege to speak following the noble Lord, Lord Bilimoria, particularly on this issue of illegal migration which cuts right to the core of who we are as a nation. I want to use my time to ask three questions. First, will the stated objective of this Bill be achieved? Secondly, do we have the right target in our sights? Thirdly, are there things that could be done to ensure the new system reflects the values of our nation?

First, will the stated objective of this Bill be achieved? As we have heard over and again, the purpose of this Bill is

“to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes”.

The fact that this Bill has very similar objectives to the previous one requires us to take a hard look at what we are doing and ask ourselves whether it will be effective.

I agree with the premise—as do most of us in this House—of both last year’s Bill and this year’s Illegal Migration Bill that we must take back control of our borders and break the business model of people-smuggling networks. However, my concern is whether a focus on deterrence will in fact achieve these objectives. The Government themselves have admitted that the evidence of the efficacy of deterrence measures is limited. So, presuming that this legislation has only limited efficacy and that channel crossings continue in some form or another after this Bill has been passed, I ask my noble friend the Minister to outline how His Majesty’s Government intend to implement the mass detention of irregular arrivals that will continue and how they will support those who are not able to be removed after 28 days of detention because of a lack of returns agreements.

In international terms, we are taking an unorthodox approach to our asylum system. It is clear that we are not confident this approach will be effective, so I also ask my noble friend the Minister whether he would include a review mechanism in this Bill so that Parliament has a chance to evaluate the success of this novel approach and, if it proves to be ineffective, to disapply it.

The second question is whether we have the right target in our sights. With this piece of legislation, our sights are firmly set on the asylum seeker and the trafficked, not the trafficker. If we were to put as much energy into targeting the real criminals, into imprisoning the criminal gangs, we would be standing on firmer ground. It is not illegal to cross a border and claim asylum —this is a protection set out in the refugee convention of 1951—we are choosing to make it illegal. Over 70% of the people who come via these routes are granted asylum by our own system and our own definitions.

But we are also dismantling much of the modern day slavery legislation by going after those being trafficked rather than the traffickers. The removal and exclusion from support of those victims who have been exploited in the UK will drive victims underground, making them less likely to come forward. This will not only hinder victims’ recovery but damage the chances for prosecutions. Without support and if removed to another country, most victims will be unable to co-operate with investigations. I believe that this House will want to pick up the amendments tabled by the right honourable Iain Duncan Smith and Theresa May in the other place.

But I also want to engage constructively with this Bill, so I ask whether there are things that could be done to ensure the new system reflects the values of our nation. We have always been a place that welcomes those who are genuinely in need. Our commitment to the refugee is founded on our Christian heritage. There has been much said during the passage of this Bill about safe and legal routes. In this Chamber, during the passing of the Nationality and Borders Bill, I supported an amendment that would make provision for 10,000 to come to the UK through safe and legal routes as a way of ensuring we created the infrastructure that would care for people properly rather than us lurching from one emergency situation to another. The Government have indicated they are willing to do this, but there are some factors that it would be worth us exploring together as part of this.

We will need assurance that these safe and legal routes will be set up to welcome those who need protection whatever country they come from, and will not just be country-specific schemes, be they for Afghanistan, Yemen and most recently Sudan. We need to work with the grain of local communities, not against them. A recent study from More in Common showed that, when community sponsorship of refugees is an option, a majority of people are in favour of accepting more refugees into the UK. I therefore encourage the Minister to explore safe routes that include schemes such as Homes for Ukraine that would save the taxpayer millions while also allowing refugees to integrate into British society.

Finally, as we have heard from others tonight, this is all part of a much bigger picture that will be resolved only as we reach for diplomatic solutions. Ultimately, stopping channel crossings and taking back control of our borders can be achieved only through diplomacy, not through domestic legislation. Therefore, I urge the Government to negotiate a returns agreement with France and the European Union and to lead the way in instigating a global solidarity pact with likeminded states that would update the international refugee system and make it fit for the 21st century.

I look forward to working as a House to support the Government to achieve their stated objective of stopping the boats, but doing so in a way that balances control with compassion. I believe we can find a way to put people smugglers out of business and end the exploitation of vulnerable people, while also ensuring that this new chapter in the story of the United Kingdom is founded on international responsibility and human dignity.