Partner and Spousal Visas: Minimum Income

Debate between Paul Blomfield and Tom Pursglove

Tuesday 23rd April 2024 Westminster Hall

[Paul Blomfield (Sheffield Central) (Lab)]

I beg to move,

That this House has considered minimum income thresholds for partner and spousal visas.

I am pleased to speak with you in the Chair, Sir George. I want to express my gratitude to the Backbench Business Committee for providing me with this opportunity, as well as to Members across the House who supported the application. I am pleased to have the opportunity to raise the issue because insufficient attention has been given to the threshold changes in the wider debate on migration. Constituents whose lives have been turned upside down by December’s announcement have written to me; I know people have written to many colleagues, too. They are victims of the chaos in Government migration policy, which does not seem to extend beyond the mantra of stopping the boats.

[The Minister for Legal Migration and the Border (Tom Pursglove)]

indicated dissent.

[Paul Blomfield]

I see the Minister shaking his head, so I will put my points to him. The Government have talked about migration as a problem, but have failed to come up with a solution that addresses the real challenges. When faced with the rising net migration figures in November, the Government seemed to hit out in all directions, looking to headlines but without regard to the consequences; removing the rights of care workers to bring dependants without regard for the impact on those needing care; increasing the salary threshold for the skilled worker visa without regard to the needs of critical sectors; reviewing the graduate visa without regard to the impact on universities whose funding model has been designed by the Government to be dependent on international students; and, in relation to this debate, introducing new thresholds for family visas without regard to the consequences for families.

Let me be absolutely clear: nobody wants uncontrolled migration. What people want is a comprehensive plan that is fair and works in the interests of our country. The announcement of family visas fails that benchmark. It had all the feel of a policy developed on the back of a fag packet, as we used to say. First, the Government announced that they were more than doubling the threshold to £38,700 by spring 2024. Within days they changed course and said there would be a phased approach starting at £29,000 in spring ’24, rising to £34,500 at an unspecified date later in ’24, and then £38,700. Only later, in response to a petition, did they confirm that the £38,700 would be delayed until early 2025.

Originally a spokesperson said the threshold would apply to visa extensions, but, thankfully, later contradicted that and confirmed that that would not be the case. What is left from the original announcement remains a big change so, as required, the Home Office carried out an impact assessment. However, it has refused to publish it, which was highlighted by the recent House of Lords Scrutiny Committee report, presumably, as with previous Home Office impact assessments, because the results were not favourable to its arguments.

I will share the impact that my constituents have told me the policy would have on their marriages, family life and future. The first constituent to write to me was a charity worker and, as such, was willing to accept a low income, but his willingness to make that salary sacrifice would prevent him having the opportunity to settle here with his fiancée from Argentina. Another told me that he had met his Chinese girlfriend while studying at university. They had planned to start their graduate life together in the United Kingdom, but will now not be able to do so. A midwife told me that she cannot bring her husband over so they could start their family here.

One man wrote to me to say that he had recently got engaged to his partner in Qatar and planned to have a civil partnership here in the UK, but those plans were off. Others told me that they were considering dropping out of degrees to fund full-time employment to meet income requirements, and one told me of the devastating choice between leaving the UK or leaving the person they love.

--- Later in debate ---

[Tom Pursglove]

I have already given way to the hon. Gentleman. I am conscious that I want to allow the hon. Member for Sheffield Central the time to say a few words at the end.

The MIR was introduced in July 2012 to ensure that family migrants could be supported at a reasonable level, so that they do not unreasonably become a burden on the British taxpayer, and to help to ensure that they can participate sufficiently in everyday life to facilitate their integration into British society.

[Paul Blomfield]

Given that the Minister has heard from many Members that spouses coming to the UK have no recourse to public funds and pay the health surcharge, in what specific way are they a burden?

[Tom Pursglove]

I wanted to come to that point in the course of my response. On access to public funds, our position is that the MIR will prevent migrant partners from accessing public funds until they achieve settlement, when they would be entitled to access public funds should they be needed. They are not entitled to public funds on arrival, as has been said and acknowledged, but if they are destitute or at risk of destitution, if there are reasons relating to the welfare of a child, or if there are exceptional circumstances, that dynamic changes. Where we allow access, the applicant is likely to move to the 10-year route to settlement. That is where access to public funds is relevant.

The minimum income requirement has not been increased in line with inflation or real wages since its introduction, nor has it been adjusted in the light of rising numbers of migrants using the route. In that context, we have reviewed the threshold and taken the decision to raise it to match the level of income needed for someone to come here as a skilled worker—as Members will be aware, that is £38,700 per year—which ensures that migration policy is supportive of our wider ambition for the UK to be a high-wage, high-productivity, high-skill economy. That is the basis on which the level has been determined.

On the issue of consultation with the Migration Advisory Committee, we considered previous advice and evidence provided by the MAC regarding net fiscal contributions and access to benefits when we made the decision. We did not seek further advice from the MAC before making the decision to increase the MIR.

Foreign National Offender Removal Flights

Debate between Paul Blomfield and Tom Pursglove

Wednesday 18th May 2022 Commons Chamber

[Tom Pursglove]

It is fair to say that the Chairman of the Public Administration and Constitutional Affairs Committee always asks incisive questions of his witnesses, and he asks an incisive question of me. There is a public interest in explaining to the House the situation that we have seen overnight. I can confirm that the manifest originally had 112 individuals on it; in the end, only seven left our country on the flight.

[Paul Blomfield (Sheffield Central) (Lab)]

The Minister will know that in November 2020 the Home Secretary and her team negotiated an agreement with the Government of Jamaica not to remove people who came to the UK under the age of 12, because they believed that we had some responsibility for those whose lives were shaped here. Will the Minister confirm whether that agreement is still in place?

[Tom Pursglove]

We debated these matters in the Nationality and Borders Public Bill Committee. A person’s age upon arrival to the UK is not an exception to deportation. The length of time that a person has lived in the UK as well as the strength of their social, cultural and family ties are factors that are considered under the article 8 requirements of the immigration rules. Of course, there is ongoing dialogue with all our returns partners and all such matters are discussed as part of those deliberations and discussions.

Nationality and Borders Bill

Debate between Paul Blomfield and Tom Pursglove

Consideration of Lords message
Tuesday 26th April 2022 Commons Chamber

[Tom Pursglove]

I am afraid that we often hear long and convoluted explanations of why we should just accept the status quo, why we should do nothing and why all the interventions are wrong. We hear no credible alternative for putting right the problems in the system. Reform is required and is overdue. That is why we are determined to get on with delivering it.

[Paul Blomfield (Sheffield Central) (Lab)]

The Minister will recognise that, when we last debated the Bill, the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), pointed out that one alternative for dealing with the asylum backlog is investing in the current system.

The central premise of this Bill is that, as an alternative to irregular routes, there should be safe and legal routes. Aside from the specific programmes for Ukraine, Afghanistan and Hong Kong, will the Minister spell out clearly to the House what legal routes are available to asylum seekers?

[Tom Pursglove]

I will not repeat the many, many occasions on which I have set out on the Floor of the House and in Committee during the Bill’s passage the many and varied safe and legal routes that exist. My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chair of the Justice Committee, has rightly touched on the need to reform the casework situation, which is precisely what we are doing through the new plan for immigration. I encourage him to be in the right Lobby this evening to help us get on with delivering on that priority, which is one priority among a number as we reform the system.

It is simply unnecessary, inappropriate and unconstitutional for the courts to have a duty to make declarations of incompatibility in circumstances where questions of compliance have already been determined by Parliament, so we cannot accept Lords amendment 5D.

On differentiation, Lords amendments 6D to 6F would make it harder to differentiate by placing significant evidential burdens on the Secretary of State. They would also set out our existing legal obligations on the face of the Bill, such as our duties under the refugee convention and the European convention on human rights, especially the article 8 right to family life. All of this is either unnecessary or unacceptable. We therefore do not accept these amendments.

Finally, the arguments on the right to work have been well rehearsed at several points in the passage of the Bill. In principle, we are concerned about the way in which this would undercut the points-based system, which we believe is the right system for facilitating lawful migration into our country—that skills-based approach, exactly as the British people voted for in the referendum in 2016. I go back to this point: our objective is to speed up caseworking, which then, of itself, ensures that we do not need to go down the route—

Nationality and Borders Bill

Debate between Paul Blomfield and Tom Pursglove

Consideration of Lords amendments
Wednesday 20th April 2022 Commons Chamber

[Tom Pursglove]

The hon. Lady is absolutely right to raise this point. I can give her the reassurance that at all times a trauma-based approach is taken when dealing with these matters, and rightly so, because the horrendous experiences that people have had are unthinkable and unimaginable. We have only to speak to survivors to realise the enormous impact that these events have on them. It is right that we respond in a way that is appropriate and sensitive to people’s circumstances. That principle will continue to underpin all the work we do. On the late provision of information, good reasons will apply at all times and proper account will be taken of individual circumstances and the reasons why individuals have not been able to provide timely information.

Let me conclude by addressing Lords amendments 53B, 53C and 53D. As colleagues will be aware, last week my right hon. Friend the Prime Minister announced a world-first deal with Rwanda. The UK and Rwanda migration and economic development partnership addresses the shared international challenge of illegal migration and will help to break the business model of evil people-smuggling gangs. Those who make dangerous, illegal or unnecessary journeys to claim asylum in the UK may now be relocated to Rwanda, which will take responsibility for processing their claims and, if they are recognised as refugees, building their lives there.

[Paul Blomfield (Sheffield Central) (Lab)]

The Minister says the proposal is to break the business model of people smugglers; he will know that his Department’s own impact assessment said that

“evidence supporting the effectiveness of this approach is limited”,

and went on to say that it was potentially counterproductive. Where is his evidence for the policy?

[Tom Pursglove]

I profoundly disagree with the hon. Gentleman. He and I debated these matters many times in Committee and it is fair to say that the approach he advocates is in essence a charter to do nothing. I do not think it is acceptable to stand back, throw our hands in the air and say that this is all too difficult. We have to take action. The new plan for immigration is delivering meaningful change and I genuinely believe it will make a difference. Of course, such considerations often require consideration of the number of people who come here, the flow and all the pertinent and relevant issues. It is difficult to predict the number of people who will come at any given point in time. I believe we are introducing meaningful changes that will dramatically shift the dial and, ultimately, help to preserve lives.

Nationality and Borders Bill (Sixteenth sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Thursday 4th November 2021 Public Bill Committees

[Paul Blomfield]

The hon. Member endorses my comments, I am pleased to hear.

If the Government are serious about their words, they need to be honest about where our ambition lies in this area and how we will provide sanctuary for those who need it. As I say, that leadership and transparency on resettlement targets would not only allow safe and legal routes to ensure that those in great need can come to the UK for protection; it would also, taken alongside the discussion we had earlier about more equitable arrangements for distribution, inform local councils, our healthcare system, schools and social services how they can plan effectively to receive and welcome and integrate into our country those seeking refuge. I hope that the Government will accept the new clause.

[Tom Pursglove]

I thank the hon. Member for Sheffield Central for tabling new clause 23, which would require the Government to publish an annual summary of safe and legal routes to refuge in the UK, including eligibility criteria and application process, and to report on their resettlement targets for each year. The UK has a long history of supporting refugees in need of protection and we are a global leader in resettlement.

[Paul Blomfield]

I am curious to know how the Minister sustains that line about the UK’s being a global leader when all the statistics published by the Home Office and others demonstrate that we are not—we are a laggard.

[Tom Pursglove]

I am afraid that the hon. Gentleman and I simply do not concur on this point. The simple truth is that this country is generous in the opportunities that it provides for people seeking sanctuary, and that will continue to be the case. We have had many debates on that point in this Committee, and I personally believe that that is beyond any doubt whatever.

Our resettlement schemes have provided safe and legal routes for tens of thousands of people to start new lives in the UK. Overall, since 2015, we have resettled more than 25,000 refugees direct from regions of conflict and instability, more than any EU member state. We can be proud as a country of our ambitious commitments and achievements.

On 25 February 2021, we completed our commitment to resettle 20,000 refugees under the vulnerable persons resettlement scheme. That achievement was made possible because of the outstanding commitment of local authorities, the devolved Administrations, non-governmental organisations, our international partners, community and faith groups, and individual members of the public.

The UK continues to welcome refugees through the global UK resettlement scheme, as well as through the community sponsorship and mandate resettlement schemes. That commitment, alongside a fair and firm asylum system, will ensure that we continue to offer safe and legal routes to the UK for vulnerable refugees in need of protection.

Through the new plan for immigration, we have been clear that this Government will continue to provide safe refuge to those in need, ensuring that our resettlement schemes are accessible, fair and responsive to international crises. This has been evident with the Home Office being at the heart of the UK’s response to the Afghanistan crisis, including supporting, under intense pressure, the biggest humanitarian airlift in the history of this country.

On 18 August, the Prime Minister announced a new and bespoke resettlement scheme to relocate 5,000 people at risk in its first year, rising to up to 20,000 over the long term—one of the most generous schemes in our history. Ultimately, the number of refugees that we resettle every year depends on a variety of factors, including local authorities’ capacity for supporting refugees, the extent to which the community sponsorship approach continues to thrive, and funding. We work closely with our partners to assess the capacity for resettlement and will continue to welcome those in need of protection in the years to come. Committing to an annual public target would remove the flexibility that this approach provides.

Additionally, we have announced plans for a pilot to support access to work visas for highly-skilled displaced people that will run in addition to existing safe and legal routes. Furthermore, the Government also provide a safe and legal route to bring families together through the family reunion policy, which allows a partner and children aged under 18 of those granted protection in the UK to join them here, if they formed part of the family unit before the sponsor fled their country, and can demonstrate a genuine and subsisting relationship.

[Tom Pursglove]

As I have said, it is very important that those established relationships exist. As we have debated on many occasions in the course of this Committee, we do not want anybody to place themselves in the hands of evil people smugglers and criminal gangs. We should all be very concerned about that particular issue, as I know colleagues on the Government Benches are.

[Paul Blomfield]

It is welcome for the Minister to reference the importance of family reunion visas, as they are clearly a vital safe route. He will be aware that more than 90% of visas are given to women and children. Will he, then, explain why in clause 10 the Government are taking away reunion rights from the majority of refugees?

[Tom Pursglove]

On the issue of safe routes for children, unaccompanied asylum-seeking children in Europe with family members in the UK are able to apply to join eligible sponsors, such as those with refugee leave or British settled status. The immigration rules make provision for children to be reunited with their parents. Paragraphs 319 and 297 of the immigration rules are extremely flexible and allow for children to apply to join adult family members if requirements are met, and if there are serious or compelling reasons that make the exclusion of a child undesirable and suitable arrangements are needed for a child’s care. Again, these matters are considered on a case-by-case basis, taking proper account of all the circumstances at play.

Let me finish the point that I was making before I took the interventions. Under the family reunion policy, we have granted reunion to over 37,000 partners and children of those granted protection in the UK since 2015; that is more than 5,000 a year. Our policy makes it clear that there is discretion to grant visas outside the immigration rules that caters for extended family members in exceptional and compassionate circumstances—for example, young adult sons or daughters who are dependent on family here and who are living in dangerous situations. Refugees can also sponsor adult dependent relatives living overseas to join them, when, due to age, illness or disability, that person requires long-term personal care that can only be provided by relatives in the UK.

--- Later in debate ---

[Tom Pursglove]

I hear the hon Member’s point, which again I will take away and reflect on with colleagues in the Department.

In the light of the Government’s track record and commitment to safe and legal routes, I hope that the hon. Member for Sheffield Central agrees that the new clause is unnecessary. In particular, I highlight that information on our safe and legal routes is readily available on gov.uk including, where relevant, details about eligibility and the referral or application process.

The Home Office is committed to publishing data on arrivals in an orderly and transparent way as part of the regular quarterly immigration statistics, in line with the code of practice for official statistics. We already publish statistics on the numbers arriving through safe and legal routes. A statutory requirement to publish targets would therefore be unnecessary and unhelpfully limit the flexibility of future Governments in responding to emerging situations.

For all those reasons, I invite the hon. Member not to move the new clause. Given what has been said on family reunion, it might be helpful if I write to the Committee with more information to address some of those points, having reflected on Hansard.

[Paul Blomfield]

I would certainly welcome a letter on family reunion. However, I must disappoint the Minister, because he has failed to convince me about the balance in the Bill, which is central, on the Government’s commitment to develop safe and legal routes as an alternative to dangerous channel crossings. I must therefore press the new clause.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Tom Pursglove]

I am grateful to the shadow Minister for his proposed new clause. He will appreciate that there is always a balance to be struck in these matters, and I should add that we have published joint statements that set out the nature of our work with France following arrangements made in July 2021 and November 2020. The content of the Sandhurst treaty, which underpins our illegal migration relationship with France, is also published.

Those arrangements are underpinned by additional administrative and operational documentation. However, it is not possible to publish that material where it includes sensitive details relating to the UK and our international partners. To disclose that information would hinder our operational response and our ability to target criminals driving illegal migration and ultimately protect the public. We must do nothing that aids their evil work—we simply must not entertain that, and that is something I am exceptionally mindful of in responding to the proposed new clause.

[Paul Blomfield]

Will the Minister give way?

[Tom Pursglove]

I will, but I am conscious of the need to make progress.

[Paul Blomfield]

If the Minister is concerned to see that we do nothing to aid the evil work of people smugglers, what consideration has he given to the impact assessment by his own Department, which said:

“There is a risk that increased security and deterrence could encourage these cohorts to attempt riskier means of entering the UK.”?

According to his own Department, these proposals are counterproductive.

[Tom Pursglove]

What is being sought is further detail on the relationship that we have with France in particular to tackle these dangerous channel crossings. As I say, we must put nothing in the public domain that risks undermining that constructive collaboration through the arrangement that we have with the French, which is vital to stopping these dangerous crossings and protecting lives at sea. To do so would also result in a betrayal of trust with our international partners, who own some of this information, and could prevent us from reaching future agreements with international partners, impacting our ability to prevent illegal migration and small boat crossings. That is why the Government feel unable to support the new clause and I encourage the hon. Member for Enfield, Southgate to withdraw it.

Nationality and Borders Bill (Fifteenth sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Thursday 4th November 2021 Public Bill Committees

[Tom Pursglove]

I thank the hon. Members for Enfield, Southgate and for Halifax for tabling new clause 1 and providing the Committee with this opportunity to consider placing the Afghan citizens resettlement scheme on a statutory footing and lifting the 5,000 person limit for the first year.

The UK has a proud history of supporting those in need of protection, and I understand the concerns that Members of the House have about the plight of people from Afghanistan. During Operation Pitting, the Government and military worked around the clock to airlift about 15,000 people out of Afghanistan—the biggest airlift from a single country for a generation. The Government have relocated thousands of people who loyally served our military in Afghanistan, and we continue to help more.

In addition, the Afghan citizens resettlement scheme is one of the most ambitious resettlement schemes in our country’s history. It will give up to 20,000 people at risk a new life in the UK. Our current schemes are non-legislative, operating outside the immigration rules and on a discretionary basis. Operating in this way has seen us resettle over 25,000 vulnerable people since 2015. Placing the Afghan citizens resettlement scheme on a statutory footing would make it less flexible and less able to respond to changing circumstances internationally.

A huge programme of work, called Operation Warm Welcome, is under way across the whole of Government to ensure that Afghans evacuated to the UK receive the vital support they need. This work, overseen by the Minister for Afghan Resettlement, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), spans different Government Departments, charities, non-governmental organisations, local authorities and communities. The aim is to ensure that Afghans can be properly supported as they rebuild their lives in the UK, while also ensuring that local services are not put under undue strain. The support being provided is similar to that of the vulnerable persons resettlement scheme in response to the conflict in Syria, to ensure that people get the vital healthcare, education, support into employment and accommodation they need to fully integrate into society.

There are many who need our protection, and the UK plays a leading role as one of the world’s largest refugee resettlement states. However, regrettably the UK is not able to provide protection to everyone, and it is essential that any decisions regarding the number of people we resettle take into consideration our capacity to support people to rebuild their lives in the UK. We are clear that the number of people we can resettle depends on a variety of factors, including local authorities’ capacity.

[Paul Blomfield (Sheffield Central) (Lab)]

I just want to pick up on the Minister’ point, which he has made time and again, about the UK leading on resettlement. Does he accept the figures that show that since the start of 2020, the UK has resettled 1,991 refugees, according to the United Nations High Commissioner for Refugees? That is less than France, less than half the number for Germany, and about a quarter of the number for Sweden. In what way is that a leading role?

[Tom Pursglove]

I think it is fair to say that this country historically has had a leading role in resettling refugees, and the hon. Gentleman will recognise that we have debated this many times during the course of this Committee’s proceedings, and I have referred to the figure of 25,000 people on several occasions. I am confident that that proud tradition will continue. I am not privy to the figures that he has just cited, but I make the point that we have also been in a pandemic, which clearly has had knock-on effects across life and society in our country and in the international environment.

Nationality and Borders Bill (Eleventh sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Thursday 28th October 2021 Public Bill Committees

[Tom Pursglove]

Clearly, any such cases would be referred to the Crown Prosecution Service or the relevant prosecuting authorities. They must make a judgment as to whether it is in the public interest to pursue such a prosecution. I will say more about that in due course, but it is important to highlight that point.

[Paul Blomfield (Sheffield Central) (Lab)]

Will the Minister give way?

[Tom Pursglove]

I will, but I will say more on this in due course.

[Paul Blomfield]

I am grateful to the Minister for giving way, but he may want to reflect on this now, although he might have been about to do so in due course. He referred to the CPS, but in July the CPS confirmed that, following an agreement made by prosecutors, police, Border Force, the National Crime Agency and the Home Office, it will no longer prosecute illegal entry.

[Tom Pursglove]

As I said—I will come on to this in more detail—it is for the prosecuting authorities to decide whether it is in the public interest to pursue a particular case.

On amendment 188, I reassure the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East that consideration of the issues he has listed is already taking place. I fully recognise that, while immigration offences are a reserved matter, the devolved Administrations in Scotland and Northern Ireland have responsibility for their criminal justice systems, and decisions on prosecutions are independently taken by the Crown Office and Procurator Fiscal Service in Scotland and the Public Prosecution Service in Northern Ireland.

My officials have been in contact with the Scottish Government criminal justice division, the Crown Office and Procurator Fiscal Service and the Department of Justice Northern Ireland, and have shared information about potential impacts and costings. The amendment would add an extra and unnecessary layer of parliamentary scrutiny to a process that is under way at official level. It would also have a critical impact on the commencement of the clause; it would add delay, but we need the measures in place to respond to the expected surge in dangerous small boat crossings when the weather improves in spring next year. I urge the hon. Member not to press his amendment.

On clause 37, the UK is experiencing a very serious problem of small boat arrivals; illegal migrants are crossing from the continent in small craft that are often equipped with only an outboard motor. They are unseaworthy and wholly unsuitable for a crossing of a minimum of 21 miles across some of the busiest sea lanes in the world. Many of the vessels break down and are intercepted by UK personnel on the grounds of safety of life at sea. The rescued migrants, including pregnant women and children, are generally brought to Dover.

The maximum sentence of six months does not reflect the seriousness of the offence of entering in breach of a deportation order. Increasing the maximum sentence to five years will disrupt the activities of foreign national offenders involved in criminal networks, including organised immigration crime.

The current offence of knowingly entering the UK without leave is ineffective and does not provide a sufficient deterrent to those wishing to enter the UK illegally by small boat. We accordingly propose increasing the maximum sentence from six months’ to four years’ imprisonment.

We also intend to create a new offence of arriving in the UK without an entry clearance where that is required. While some migrants seek to evade immigration control, for example by landing on a deserted beach, many more now arrive in the UK after being rescued at sea. It would not be right, and would be perverse, to have to let migrants take the risk of completing their journey without assistance, and of landing at a small beach, rather than rescuing them at sea, just because under current legislation, the act of intercepting them and bringing them to the UK could cast doubt on whether the migrants entered unlawfully.

It is worth repeating that we are not seeking to criminalise those who come to the UK genuinely to seek asylum, and who use safe and legal routes to do so. We will be targeting for prosecution those migrants in cases where there are aggravating factors—where they caused danger to themselves or others, including rescuers; where they caused severe disruption to services such as shipping routes, or the closure of the channel tunnel; or where they are criminals who have previously been deported from the UK or persons who have been repeatedly removed as failed asylum seekers. The increased prison penalty will allow appropriate sentences to be given to reflect the seriousness of this behaviour.

Nationality and Borders Bill (Twelfth sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Thursday 28th October 2021 Public Bill Committees

[Tom Pursglove]

I apologise if that is so, Ms McDonagh. The groupings on the selection list are not clear, because they are talking about schedule 5. I am happy to leave that there and return to it separately in a moment.

[Paul Blomfield (Sheffield Central) (Lab)]

Despite the Minister’s request, I would like to speak to amendments 144 to 149, which seek to address a couple of pretty serious issues: the immorality and the impracticality of the Government’s approach to the policy of pushback.

As regards Australia, the United Nations special rapporteur expressed real concern that the policy could intentionally put lives at risk. We have also seen the reports on those who lost their lives as a result of pushbacks in the Mediterranean. Clearly, the Government do not want to risk death or injury. Ministers have told us repeatedly that the objective of the legislation is to prevent drowning in the channel. Amendment 144 therefore seeks simply to put that commitment in the Bill.

I heard the Minister’s comments earlier, but a constant theme throughout our debate over the past few days has been that we identify real problems with the Bill and the Minister says, “Oh, don’t worry, we’ll sort it out.” We are trying to say, “If we’re in the same place on the issue, let’s sort it out by putting something on the face of the Bill.” Amendment 144 would do that by requiring officers not to act under powers granted by proposed new paragraph B1(2) if they risked the welfare of those on board. It would simply ensure that an officer who wants to stop a ship, board it or require it to be taken elsewhere in the UK or internationally and detained or to leave UK waters must first consider the implications for those on board. Given that we are in the same place in our intentions, I hope the Minister can accept amendment 144.

Amendment 145 addresses the issue of practicality. Clause 41 is disturbing enough in itself, but it also reflects a wider problem with the Bill. The Government are trying to talk tough and grab headlines but with proposals that are actually undeliverable and that will not solve the problem of people smuggling that we all agree needs to be tackled. We have discussed offshoring and third country returns on previous clauses, and here we are again. Amendment 145 seeks to press the Govt on the issue.

In schedule 5, proposed new paragraph B1(7) makes it clear that the Government can proceed with the policy of pushback only where the relevant territory

“is willing to receive the ship.”

So where are the agreements? Amendment 145 would require the Home Secretary simply to publish a list of states with which she has secured agreement under sub-paragraph (7) to send ships with asylum seekers to, and to do so within 30 days of Royal Assent. That is not 30 days from today; that is 30 days from Royal Assent. That is a considerable amount of time. The Government have put a lot of thought into the Bill apparently, although there seem to be a lot of last-minute amendments. The Minister has said repeatedly that he does not want to provide a running commentary on negotiations. Let me reassure him: we do not want a running commentary. We just want some indication that there are agreements, or agreements in the pipeline, but there absolutely do not seem to be any. That is key.

The Government have so far failed to secure any agreements for returning asylum seekers. Instead, they encourage rumours that they are so close to securing an agreement with one country or another, but every country that has been mentioned has slammed those rumours. Rwanda said it had no agreement with Denmark, whose Government have been condemned by the African Union —an entire continent—in the strongest terms possible. The African Union said that offshore processing amounted to “responsibility and burden shifting” and criticised European attempts to extend border control to African shores as “xenophobic and completely unacceptable.” As my hon. Friend the Member for Bermondsey and Old Southwark pointed out, the UK Government were rebuffed by Albania. The Albanian Foreign Minister told the press:

“Albania will proudly host 4,000 Afghan refugees based on its good will, but will never be a hub of anti-immigration policies of bigger and richer countries. We have instructed our Embassy in the UK to demand the retraction of this fake news.”

There are not just no agreements, but the Government are managing to offend countries around the world by implying that they are prepared to enter into agreements when they are clearly not. How many other countries are the Government deciding to burn bridges with over this issue? When will they come clean on this empty rhetoric?

Amendment 145 is intended to be helpful. We want to see transparency and, at the end of this process, to give the Government the opportunity, which they have so far failed to take, to publish the agreements they have secured. I hope that by accepting the amendment the Minister can prove us wrong in our doubts about the Government’s work in this area, and that he will agree that this information should be published well before the Bill takes effect.

Amendments 146 to 149 seek to ensure that officers adhere to the Human Rights Act 1998 and have completed relevant training before searching asylum seekers. These amendments relate to officials carrying out searches of people during maritime enforcement for documents, evidence of crime and other purposes. They seek to ensure that those officials have received training that is relevant to the task, and at all times are adhering to the Human Rights Act 1998.

As we have discussed many times in Committee, those fleeing persecution and danger to build new lives in the UK are likely to be victims of violence and trauma. They are vulnerable, and personal searches in particular could be extremely difficult or upsetting. Schedule 5 allows for officials to search a person, but forbids them to

“remove any clothing in public other than an outer coat, jacket or gloves.”

That is welcome as a bare minimum, but there is no stipulation or description of what can be done in searches in private, so this amendment seeks to ensure that the Home Office designs and delivers training to officers to ensure they are sensitive to the needs of the vulnerable people they may search. Additionally, it would ensure that all those searches are conducted with consideration given to the Human Rights Act and the right to a private life, to encourage the use of these powers only in extreme circumstances and when absolutely necessary.

Again, I draw the Minister’s attention to the lived experience of those who have come to our shores. In 2015, Women for Refugee Women published a report, “I Am Human”, which details the impact of searches on those who have experienced sexual violence. The searches triggered mental health problems, flashbacks and traumatic memories because people felt handled and scared by the process. When addressing my earlier amendments, the Minister sought to reassure me on these points too, saying that the Government would of course be compliant with the Human Rights Act and would take account of all the issues I am raising—fine. So why not put that commitment on the face of the Bill?

Nationality and Borders Bill (Ninth sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Tom Pursglove]

The provisions, as drafted, define safe countries as states where people would not be at risk of persecution or a breach of their article 3 ECHR rights. The provisions are considered and consistent with our obligations under the refugee convention. An individual will have an opportunity to raise specific ECHR claims against removal under schedule 3 provisions.

I am confident that the measures in place are appropriate and sufficiently robust. We know it may not always be appropriate to apply inadmissibility to all claimants. Any oral or written representations from a claimant about why inadmissibility processes should not be applied in their case, including any connections they may have to the UK, will be considered ahead of any removal to a safe third country. However, if an individual has family in the UK, there are family reunion routes available. These amendments should not be used to circumnavigate those provisions. For those reasons, I do not support the suggested addition of proposed new section 80D in the Nationality, Immigration and Asylum Act 2002, under amendment 26, and I invite hon. Members not to press it to a Division.

Turning to the clause overall, an increasing number of people are risking their lives to get to the UK, using unseaworthy vessels, putting at risk not only their lives but those of the UK Border Force and rescue services. Those routes are often facilitated by criminal gangs, seeking to arrange those dangerous journeys for profit. We are determined to make the use of small boats to cross the channel an unviable option for reaching the UK. We are determined to send a clear signal that it is unacceptable for individuals to travel through multiple safe countries to then claim asylum in the UK.

To stop people risking their lives on those dangerous crossings, reduce the unsustainable pressure on the asylum system and protect those most in need, we must be clear that many of those coming to the UK by irregular means will not be admitted into our asylum system. Inadmissibility is a long-standing process, designed to prevent secondary movements across Europe, and these measures are being introduced to support that. People should claim asylum in the first safe country they reach, rather than make dangerous journeys to the UK to claim asylum here.

[Paul Blomfield (Sheffield Central) (Lab)]

What consideration has the Minister given to the impact on the system of international protection for those fleeing conflict and persecution if the entire world adopted that principle, so that the responsibility only ever fell on the countries on the frontline of conflict and persecution?

[Tom Pursglove]

I have heard the point that the hon. Gentleman has raised. I would make the point that this country has and will continue to make a significant contribution to the global effort to tackle the challenges that we face around displacement. We would argue that that must be achieved through safe and legal routes. That is the cornerstone of our policy, and I think that is the right approach. We must render these dangerous channel crossings unviable.

[Paul Blomfield]

I thank the Minister for giving way again. I want to press the issue, because it is helpful to have an answer that reflects the question. The question did not ask him to reiterate his belief, but to articulate what the Government feel would be the consequences for the international protection system if every country adopted the same approach.

[Tom Pursglove]

The point that I would make is that we need to establish a clear principle that people should come to this country through safe and legal routes. We would argue that the best and most effective contribution that we can make as part of the global effort is to establish those safe and legal routes—there are many past and current examples. We think that is the right approach; we cannot in any way support or endorse people making dangerous and unacceptable crossings.

As a result, we strongly believe that the approach that we are taking in the Bill is right and builds on our proud traditions in this country of providing sanctuary to those who require it. That gets to the heart of the hon. Gentleman’s question. It is not about this country refusing to participate in the global effort, but about establishing clear expectations around how we intend to do that. We will continue to build on the proud traditions that we have in this country.

Nationality and Borders Bill (Tenth sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Tuesday 26th October 2021 Public Bill Committees

[Paul Blomfield]

rose—

[Tom Pursglove]

I will take an intervention from the hon. Member for Sheffield Central.

[Paul Blomfield]

I am trying to explore the contradiction in what the Minister has just said. He said that the Government intended to produce guidance that set out what good reasons were subsequent to the legislation, but he cautioned against requiring good reasons, because that would exclude some people from justice. Would he square that circle for me?

[Tom Pursglove]

We think that the appropriate place to be clear about these matters is in the guidance, rather than the Bill. As I say, I would expect decision makers to take into account all the relevant factors at play in an individual case when making decisions relating to it. Rather as we have discussed in relation to other clauses and amendments, there is flexibility in certain circumstances, where good reasons can be shown as to why evidence would not be produced sooner. We recognise that people may be in difficult circumstances and that issues arise in their lives. We want the system to be responsive to that and to take proper account of it, which is why we are proposing to proceed as we are doing.

To return to the point that I was making on amendment 139, it would perpetuate the issues that the clauses are designed to address to the detriment of genuine claimants, undermining their usefulness. Amendment 139 would also introduce a requirement to publish guidance on good reasons within 30 days of the Bill receiving Royal Assent. That is an arbitrary deadline and it is not necessary to include it on the face of the Bill. As I have indicated, good reasons will be set out in published guidance for decision makers and will be made available when the measures come into force.

--- Later in debate ---

[Tom Pursglove]

I can confirm that it will refer to children. To conclude my remarks, I respectfully invite the hon. Member for Sheffield Central to withdraw the amendment.

On clause 20, the unnecessary provision of late evidence, statements and information delays justice for those with genuine claims, and wastes valuable resources. Clause 20 will work in parallel with clauses 18 and 19 to support the new priority removal notice. Its focus is on encouraging persons liable to removal or deportation to provide at the earliest opportunity any information or evidence in support of their protection or human rights claim, or, for potential victims of modern slavery, in relation to a decision by the competent authority. Where information or evidence is provided on or after the cut-off date, as set out in the priority removal notice and without good reason, it is right that that should be taken into account as damaging to the person’s credibility. I hope that the Committee will agree to the clause standing part of the Bill.

[Paul Blomfield]

I am afraid that I am unconvinced by the Minister’s response, so I wish to press amendment 139 to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Paul Blomfield]

Similarly, I want to ask a couple of questions of the Minister on why the opportunity has not been taken to go beyond the provisions in the clause, because there is a real problem with access to legal aid. Research by Refugee Action has shown that, since the changes introduced in 2012, it has been much more difficult to secure legal aid. There is also a vast difference in provision across the country, with provision concentrated in metropolitan areas such as London and Birmingham, and not in dispersal areas, where it is particularly difficult to access legal aid. Refugee Action’s report recommended that the Government should commit to ensuring that everybody in the asylum system who is eligible for legal aid representation has access to it. What are the Government proposing in respect of that?

If the clause is about ensuring that issues are resolved at the appropriate stage, why are the Government not extending legal aid to all stages of the process? If cases are successfully resolved at an earlier stage, surely it is to everybody’s benefit.

[Tom Pursglove]

I will try to respond to the various points that have been raised as best as I am able. I will, of course, happily feed through the views that have been expressed to Ministry of Justice colleagues who have direct responsibility for legal aid within their portfolio.

On the initial point about the seven hours, it is worth saying that the power we are proposing will allow the Lord Chancellor to amend the number of hours of advice available under the clause. The Lord Chancellor will have to lay affirmative legislation to ensure that Members of this House and the other place have full sight of the proposed changes. That power is necessary because the priority removal notice is a new process and, as with all new operational processes, it will take time to bed in. We must be able to change the number of hours to ensure that the purpose of the clause works how we intend in practice. Providing individuals with access to free legal advice ahead of their potential removal from the UK is clearly important. That is why we are making that commitment in the Bill.

I was asked what this extension of legal aid will cost. The estimates are in the region of £4 million to £6 million, so it is a significant increase to meet the need resulting from the new measures we are introducing. If, at the end of the seven hours, more advice is needed—and there are circumstances which dictate that—there is legal advice available for asylum claims and appeals.

[Tom Pursglove]

Yes. That provision is made precisely for those in receipt of a PRN. I was making a point about the extension. It is worth making the point that, if people find that they require further advice at the end of the seven hours, any individual needing more legal advice on an immigration matter can apply for in-scope legal aid, such as for asylum advice or through the exceptional case funding scheme, subject to passing the relevant means and merits tests. I will make sure that colleagues in the Ministry of Justice are aware of the points raised today on legal aid more generally within the immigration and asylum system.

There was a question about access to justice in dispersal areas. The hon. Member for Bermondsey and Old Southwark asked where information about legal aid provision is provided. My understanding is that it is published online, so it is readily accessible to people. As hon. Members would expect on the issue of dispersal areas, the MOJ monitors the market capacity and works with the Home Office to ensure supply in dispersal areas. If the hon. Member for Sheffield Central wants to write to me with specific concerns on that matter in his community, I would be glad to look at those and make sure that they are considered by Ministers appropriately.

[Paul Blomfield]

I will take the Minister up on his offer, but I want to press him on another point. He talks about legal aid being made available for the new provision for a priority removal notice. However, the Home Secretary has the opportunity to issue a priority removal notice, but is not required to do so—it might not be done in all cases. There will potentially be people who are served with a notice of removal who have never received a priority removal notice. They will not have the opportunity to access the seven hours of free legal aid. What is the justification for that?

[Tom Pursglove]

The hon. Member is seeking to extend the provision we are proposing in the Bill. We are very clear that the clause makes the legal advice available to those who have been served with priority removal notices. We do not propose to extend the offer beyond that. However, I will make sure that his concerns are flagged with ministerial colleagues in the Ministry of Justice.

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Clause 23

Late provision of evidence in asylum or human rights claim: weight

Nationality and Borders Bill (Eighth sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Paul Blomfield (Sheffield Central) (Lab)]

I congratulate my hon. Friend the Member for Enfield, Southgate on his comprehensive critique of clause 10. I want to add only a few points on what is clearly at the heart of the Government’s approach in this Bill: seeking to create a hostile environment for refugees and splitting them into the two groups of which my hon. Friend spoke.

I was interested to hear the Minister talk earlier about the Bill as just one part of a multifaceted approach to tackling the problem, of which international diplomacy was at the core. I would welcome his reflections, when he comes to make his remarks, on how far he thinks our position in international diplomacy is strengthened by a Bill that the UNHCR, the guardian of the 1951 convention, denounces in clear terms as

“The creation of an unlawful two-tier system in which most refugees are denied rights guaranteed by the Refugee Convention and essential to their integration”.

I think that our position in terms of how we play our cards in international diplomacy will be weakened by setting ourselves against the international community. This proposal appals all organisations that have worked with those coming to our country to flee war, terror and persecution, and Labour shares their view. However, I appreciate that this Government, in contrast with previous Conservative Administrations, revel in setting themselves against the international consensus and are happy tearing up treaties to which they have been signatories.



We should examine the clause in the context of the Government’s own objectives. They say it is part of a deterrent to break the business model of people smugglers by dissuading those seeking asylum from taking what the Government consider to be irregular routes. We are all agreed on the objective of breaking the appalling business model of people smuggling and we all agree that we want to end the situation that leads people to take the most desperate journeys across the channel. As I said earlier, and clearly the Minister struggled to respond to that point, even the Government’s own impact assessment says,

“evidence supporting the effectiveness of this approach is limited.”

I know that he had a problem with evidence when we were talking about clause 9 under part 1.

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

The hon. Gentleman will get a very nice long letter.

--- Later in debate ---

[Tom Pursglove]

The hon. Gentleman will appreciate that I have not been in post for long—for just over a month—and the accommodation element of the Government’s work on immigration does not fall directly within my brief. However, I want to visit Napier, to see the situation myself and to understand the nature of the accommodation, and my officials are in the process of organising that. I might have done it sooner had we not had the Bill Committee proceedings over the next few weeks. I assure hon. Gentleman that that is something I very much want and intend to do, and I will certainly do it.

On the bishop visiting, I am not aware of any restrictions that would prevent that from happening. I hate to do this to the hon. Gentleman again, but if he furnishes me with the details of issues that have arisen, I will gladly ensure that that is looked at. As far as I can see, there is no good reason why those sorts of external visits cannot take place, but I would appreciate a little more detail.

[Paul Blomfield]

May I push the Minister a little further on the issue? He has been at pains to say that the Government’s plan is not for the centres to be where people are detained. Will he therefore put on the record that people are free to come and go as they wish, and to receive visitors as they wish in the centres?

[Tom Pursglove]

As I have said repeatedly now, my understanding is that people are under no obligation to remain within the accommodation facilities if they do not wish to do so. Of course, one of the reasons why people may be in an accommodation centre is that they are destitute. In such circumstances, we want to ensure that appropriate accommodation is in place for them to be accommodated and properly cared for in the centres. That is the intention behind the policy.

It is worth saying something about future oversight of accommodation centres, which has been alluded to. We will establish advisory groups for each centre. The group will visit the site, hear complaints and report any findings to the Secretary of State. I value the input that the advisory groups will have. It is important that we are responsive to the issues that arise and that where improvements can be made, they are made.

Nationality and Borders Bill (Seventh sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Tom Pursglove]

I am keen to do just that. I have made the point about safe and legal routes. There are many examples in the past and that are still active.

[Paul Blomfield]

Will the Minister give way?

[Tom Pursglove]

I will give way, but I am keen to move on to answer some of the questions.

[Paul Blomfield]

I am grateful to the Minister for giving way. He talked again about the UK’s leading role in accepting refugees. Does he not accept that the most recent data from the UNHCR on refugees in Europe—from 2019—has Germany resettling more than three times as many refugees as the UK, or 9,640 compared with 3,507? Also, smaller countries such as Sweden and Norway accepted more than the UK.

[Tom Pursglove]

I refer the hon. Gentleman to my earlier point.

I want to move on to the points made by various members of the Committee about a number of areas related to the amendments. In answer to the question about section 95 asylum support, those who are already in receipt of such support will not face any condition restricting access to public funds. The power to differentiate in respect of public funds is flexible and there is no obligation to use it in inappropriate cases. Again, detail will be set out in the guidance and rules to follow. The House will have the opportunity to scrutinise those in the normal way.

A number of points were made about family reunion. It is wrong to say that the Bill will remove family reunion rights. Family reunion will be protected in line with article 8 of the European convention on human rights. The Bill will allow us to take steps to disincentivise people from taking risky, life-threatening journeys. There is, I suppose, a philosophical debate about this: I think we all agree that we need to end those dangerous journeys, but how we achieve that is the area of dispute.

[Paul Blomfield]

The Minister is right to say that we all agree on the objective and that the dispute is about the effectiveness of the Government strategy. Is he not even a little unsettled by the fact that the Government’s own impact assessment states that their strategy is unlikely to work? It states that

“evidence supporting the effectiveness of this approach is limited.”

[Tom Pursglove]

It is right that we break the business model of these evil criminal gangs and take steps that help to achieve that endeavour. The point the hon. Gentleman has made, which runs through the Bill, is that people should come here by safe and legal routes and that we should take steps as appropriate to break that business model. I am confident that the steps we are taking in the Bill will achieve exactly that.

[Paul Blomfield]

So the Minister is saying that the Government’s impact assessment is wrong.

[Tom Pursglove]

I genuinely believe that the policy we are pursuing through the Bill will make a significant difference in deterring dangerous channel crossings, where people pay evil people smugglers to try and get to the United Kingdom. It is right that we prioritise safe and legal routes and make it very clear that they are the way to arrive in this country, and that we deter people from making those very dangerous, irregular journeys. I am confident that the Bill will make a significant difference in tackling that challenge.

Nationality and Borders Bill (Sixth sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[Tom Pursglove]

The direct answer to the hon. Gentleman’s question is that we can provide details of the number of applications, but we cannot confirm the specific number of cases in the way he is requesting. We know this is happening, and we believe that there is a perverse incentive for people to choose not to acquire a nationality, so that the family as a whole can jump the queue.

[Paul Blomfield (Sheffield Central) (Lab)]

May I confirm that I heard the Minister right? Did he say that the Government and Home Office are clear that this is happening, but they cannot give any indication of the extent?

[Tom Pursglove]

As I have said, we are aware that this is happening. We think it is right to take steps through the Bill, so that those going through the process are not disadvantaged relative to those who are seeking to make use of this loophole.

--- Later in debate ---

[Paul Blomfield]

I thank the Minister for giving way, because it is important that he addresses the question that has been raised successively. The clause goes against the drift of the rest of part 1, which is rectifying anomalies. This potentially creates one, and one that will come to land heavily on the Home Office in the future, as well as those who will be affected by it. It is incumbent on him, before we vote on it, to explain clearly the extent of the problem. He has given only one anecdote as the justification for it. Will he use the opportunity to do that now?

[Tom Pursglove]

I am grateful to the hon. Member for his intervention. As Opposition Members will know, the way that I go about my work is to always try to be as constructive and helpful as possible. With that in mind, I will gladly write to the Committee setting out in greater detail our rationale for taking this approach, and as much information as I can to justify it.

As I say, there is a fairness issue here that we believe needs to be addressed. The MK case was cited, and it is worth recognising that in his conclusion Judge Ockelton made the comment that it opens an obvious route to abuse. We are satisfied that what we are proposing complies with our obligations under the statelessness conventions, and all our obligations that flow from that. I commend that the clause stand part of the Bill, with the very clear undertaking that I will provide the information that I have promised.

Question put, That the clause stand part of the Bill.

Nationality and Borders Bill (Fifth sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Tuesday 19th October 2021 Public Bill Committees

[Tom Pursglove]

Thank you, Sir Roger. I appreciate that. I also appreciate the hon. Gentleman’s strength of feeling on this matter. I was Parliamentary Private Secretary, several years ago, to my right hon. Friend the Member for Scarborough and Whitby who was Immigration Minister, and I learned a lot from him. He got to the nub of the issue of fees. The truth is that there is a level of fee that is set. There is constant parliamentary scrutiny of those fees, as I have described. There is a level of cost associated with that. Any fee level that is incurred over and above that is actually invested into the wider nationality and borders system and helps to pay for the services that are provided.

[Paul Blomfield (Sheffield Central) (Lab)]

The Minister refers to the contribution of the right hon. Member for Scarborough and Whitby. That was a challenge to give a commitment that fees should not be set at a level that does other than reflect cost. I hope the Minister will take advantage of that opportunity. As he is beginning to develop his argument, he is suggesting that fees are set at a higher level in order to reinvest in the Home Office. That is what other people have described and The Times reported in 2019 as profit of quite significant proportion.

[Tom Pursglove]

I will gladly take away the Committee’s feedback on fees. As I have said, fees are kept under constant review and are subject to parliamentary scrutiny. I have no doubt that members of the Committee, and indeed Members across the House, will want to scrutinise any fees orders and fees regulations that are brought forward, express views on them and, as they see fit, either support them or take issue with them.

To return to the focus of the amendments and the clause, removing these fees during the passage of the Bill would undermine the existing legal framework without proper consideration of sustainability and fairness for the UK taxpayer. It would also reduce clarity in the fees structure by creating an alternative mechanism for controlling fees.

Beginning with amendments 8, 9, 10, 11 and 12, the aim of which is to limit the Secretary of State’s power to charge a fee for applying for British overseas territories citizenship, I can reassure the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East that I am sympathetic to the view that a fee should not be charged in cases where a person missed out on becoming a British citizen automatically due to historical anomalies. The provisions in the Bill are about righting historical wrongs, and I can give the Committee my assurance that we will look carefully at where fees should be waived via the fees regulations. However, as I have outlined, that is not a matter for this Bill and it should be remedied through secondary legislation, in line with other changes to immigration and nationality fees.

Nationality and Borders Bill (Fourth sitting)

Debate between Paul Blomfield and Tom Pursglove

Committee stage
Thursday 23rd September 2021 Public Bill Committees

[Paul Blomfield (Sheffield Central) (Lab)]

Q Of course, Chair, I will be very quick. You mentioned that in your view the Bill will be counterproductive to its own objectives. I think I heard you right in saying that it would hamper returns. Could you develop that point?

Rossella Pagliuchi-Lor: I will. One of the important elements is that if you have a system, there have to be consequences to that system. It does not make any sense to have a system that determines who is a refugee and who is not, and then the results go nowhere. I know that it is difficult to arrange for returns—there are a number of issues and they need a great deal of partnerships internationally—but it is a fact that if somebody is properly looked at in a proper procedure and then found not in need of international protection, it is a lot easier if that happens closer to the time than after a few years, when they have had time to establish a family and when perhaps the whole question of identification is getting a little more vague. It is a fact that good case management increases the chances of people returning, and it increases the chances of people returning voluntarily, too.

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

Q Clearly, one of the fundamental cornerstones of the policy is prioritising safe and legal routes, and I am sure that you would strongly support that. Presumably you also think it is right to try to deter and dissuade people from making those very dangerous crossings across the channel, which pose a grave risk to life. What do you suggest, if not the approach we are suggesting?

Rossella Pagliuchi-Lor: Granted, you will never have a silver bullet that solves all of your issues until and unless people no longer feel the need to seek asylum elsewhere. However, as I said, I think that a fast and fair procedure is your best defence, alongside strong agreements with the European Union on the allocation of responsibility for asylum seekers. That is by far the best way of dissuading people who might sometimes be hopping around countries to choose a jurisdiction or who are just giving it a shot—people whom your colleague referred to as illegal immigrants. There are some who could masquerade as asylum seekers; there is no question about that.