Illegal Migration Bill

Alison Thewliss Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

I rise to support the more than 50 amendments in my name and the names of my hon. Friends. We do not believe that this Bill, which is abhorrent in how it rips up people’s human rights, is fixable. Contrary to what the hon. Member for Penistone and Stocksbridge (Miriam Cates) suggested earlier, human rights are not a luxury. They are for everybody, everywhere, all at once. We should not try to remove them from anyone, particularly those who have suffered serious trauma.

We tabled our amendments to highlight the Bill’s many and varied deficiencies. I pay tribute to my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who has been incredibly diligent in going through the Bill to see what we could take out to try to reverse some of its more harmful aspects.

In clause 37(7), for example, we aim to set tighter rules for the kinds of countries to which we might want to return people, because not all third countries are particularly safe. We should be much tighter about where we return people, which is a point to which I will return tomorrow.

Clauses 40(4)(a) and (b) outline the assurances the Government claim they will take into account in considering a serious harm suspensive claim:

“the Secretary of State must take into account the following factors—

(a) any assurances given by the government of the…territory specified in the removal notice; “

I guess the Government will just take it on trust when another Government say they will not do any harm to a person who might be a critic of that Government. They will just have to say, “Oh, no, it will be fine. Just return that person, and we will look after them.” We will not find out whether they will actually be looked after until after they have been returned.

Clause 40(4)(b) lists

“any support and services (including in particular medical services) provided by that government”.

I have had constituency cases of people receiving HIV/AIDS treatment in this country that has got their condition under control, but the Government cannot guarantee that they will be able to continue their treatment if they are returned to another country. In some cases, returning to a country where that condition cannot be managed is tantamount to a death sentence. A constituent of mine who is waiting for a decision on her case is in renal failure, but she cannot make progress with her treatment because the Home Office will not get its finger out and give her a decision. This is a very pressing issue. The Minister squints at me, but if he actually turned to any of the cases that I raise with him, we would make some progress.

--- Later in debate ---

[Robert Jenrick]

It is for Parliament.

[Alison Thewliss]

As the Minister well knows, it is to be set in regulations, which this Parliament cannot amend, so it is not for Parliament but for the Secretary of State. He knows how statutory instruments work in this place, as do we, and he knows that this is not something that this House can amend. He is being a bit economical with the truth if he is suggesting that the House can amend it; it cannot. He knows that.

What we are looking to do in amendment 179 and in the amendments in the name of my hon. Friend the Member for Glasgow North (Patrick Grady) is to expand the list of those who should be consulted on this and to set a target, not a cap. It is not enough to set a cap. I ask Members to imagine that they are the 101st person with a cap set at 100. It could separate a family, separate siblings or separate a husband and wife who do not meet the threshold; they could just fall on the wrong side of the cap threshold. The Government need to do a whole lot more to make sure that we are actively doing our bit in the world, and setting a cap is nowhere near doing our bit in the world.

I do not wish to detain the House for much longer, because I will be speaking again tomorrow, but I wish to mention the issue around documents. It has been raised by several Members, including the right hon. Member for South Holland and The Deepings (Sir John Hayes), who is no longer in his place. When Afghanistan fell, I was contacted by constituents who were terrified for their family members still in the country. Some 80 families in my constituency had relatives in Afghanistan, but I am aware of only two of them who were able to be reunited with their families. Clearly, the Government did not do enough. These are people who have family in this country, who could be safe and who could be out of Afghanistan, and they are not.

People in Afghanistan had documents. If the Taliban had found those documents on them, they would have seen that they had worked for British forces and that would have been a death sentence, so people in Afghanistan burned those documents. That is why people turn up here with no documents—those documents would have been their death sentence had they been found in their possession. Members on the Conservative Benches who seem to think that not having documents is some kind of admission of guilt fail to understand the very real pressures that asylum seekers face when they make these dangerous journeys, and when they try to seek sanctuary here to regain the relationships with the people whom they know. They will run and run and keep running until they find safety. That is the reality, and that is what the Bill denies people.

--- Later in debate ---

[Robert Jenrick]

No, I am not going to give way again. The hon. Member has had his moment. I am pleased to say that, as a result of the work that the Home Secretary, the Prime Minister and I have already done, the legacy backlog is falling rapidly, and we intend to meet our commitment to clear it over the course of the year.

[Alison Thewliss]

Will the Minister give way?

[Robert Jenrick]

I will not give way to the hon. Lady.

I do not want to detain the Committee for too long, so let me turn to the key points that have been raised tonight. First, with respect to the powerful speeches from my hon. Friend the Member for Devizes (Danny Kruger), my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke), my hon. Friend the Member for Stone (Sir William Cash), my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) and others relating to the important question of injunctive relief, rule 39, and how we as a sovereign Parliament handle ourselves and ensure that we secure our borders, I thank my right hon. and hon. Friends for their contributions and I recognise the positive intention of the amendments they have tabled. I am keen to give them an undertaking that I will engage with them and other colleagues who are interested in these points ahead of Report.

We are united in our determination that the Bill will be robust, that it will be able to survive the kind of egregious and vexatious legal challenges we have seen in the past, and that it will enable us to do the job and remove illegal immigrants to safe third countries such as Rwanda. I would add that the Bill has been carefully drafted in collaboration with some of the finest legal minds, and we do believe that it enables us to do the job while complying with our international law obligations. However, we are going to engage closely with colleagues and ensure that the final Bill meets the requirements of all those on our side of the Chamber.

Antisocial Behaviour Action Plan

Alison Thewliss Excerpts

Monday 27th March 2023 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

Most of this statement does not apply in Scotland because, thankfully, justice is devolved. The Scottish Government take a public health approach to criminality—the violence reduction unit’s approach, which has been emulated by the UK Government. I gently suggest that criminalising young people in this way will not help—[Interruption.] If the antisocial behaviour from the Government Benches could stop, that would be helpful.

The independent Advisory Council on the Misuse of Drugs recently concluded that the evidence shows that the health and social harms of nitrous oxide were not commensurate with a ban. Why has the Home Secretary overruled her advisers? The Misuse of Drugs Act has completely failed to prevent people from taking heroin, cocaine and cannabis. Why does the Home Secretary believe that it will stop people from taking nitrous oxide?

[Suella Braverman]

The overall legislative framework on illicit drugs continues to strike a balance between controlling harmful substances and enabling appropriate access to those drugs for legitimate medicinal research and, in exceptional cases, for industrial purposes. But with respect, I am not going to take any lectures from someone from the SNP, which has overseen in Scotland a total collapse of confidence in policing and, more devastatingly, a record high in Europe when it comes to the number of drug-related deaths.

Oral Answers to Questions

Alison Thewliss Excerpts

Monday 20th March 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

Freedom from Torture has talked about the impact on torture survivors of the anti-asylum Bill, calling it

“a betrayal of the commitments made following the Shaw Review”.

Seven babies born to mothers in Home Office accommodation since 2020 have died, so it is no surprise that Women for Refugee Women and the Royal College of Midwives have opposed the Home Office’s plans. Scotland’s Children and Young People’s Commissioner has warned that the plans to detain and remove children breach this Government’s obligations under the UN convention on the rights of the child. There is nothing about protecting asylum seekers’ welfare that the Bill will fix, so does the Home Secretary accept the harm that she is causing?

[Suella Braverman]

We take very seriously our duties to everybody who is within our care. Our measures will always, of course, ensure that proper wellbeing and welfare provision is available to those who are vulnerable, but let me say this: the hon. Lady has absolutely no right to lecture this Government on how to support asylum seekers when her own nation royally fails to take any or sufficient numbers into Scotland.

[Alison Thewliss]

That is simply not correct. The Bill is not about helping asylum seekers; it is about banning asylum seekers. What does it say about the Home Secretary’s morals that she believes that Rwanda would be “a blessing” for asylum seekers, but when they come here she calls them a swarm and an invasion?

[Suella Braverman]

The problem that the hon. Lady is labouring under is that in opposing our plans, she sides with the people-smuggling gangs. She actively encourages, in effect, co-operation with the evil practice of exploitation of vulnerable people coming into this country. Vote for our measures, stop the people-smuggling gangs and stop the boats!

Illegal Migration Bill

Alison Thewliss Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

This refugee ban Bill is nothing but an abhorrent dog whistle, and my colleagues and I on the SNP Benches do not support it. We do support, however, the refugee convention, the European convention on human rights and the Human Rights Act 1998, and a functioning and fair immigration system, which is a million miles away from what we have just now.

A mosaic based on a Norman Rockwell painting hangs at the United Nations. It features the faces of people of all backgrounds and is inscribed with the caption:

“Do unto others as you would have them do unto you.”

It is called “the golden rule”. Britain fails completely and utterly in the application of that golden rule.

I ask hon. Members and everyone listening to close their eyes. Place yourself in the shoes of a person so terrified that they must flee for their lives—a person of faith who finds themself in the wrong country, perhaps; or a woman activist facing repression in Iran; a mother desperate to protect her daughter from female genital mutilation; a boy hiding after seeing his family murdered, and facing forcible recruitment or death. You leave the world you know, travelling across mountain and desert, in trucks and cars, or on feet bleeding and sore. You face setbacks, abuse and exploitation, and use every resource you have.

Finally, you step into a flimsy dinghy, because it is the only way to cross the English channel to get to the uncle who you know lives in the UK. He is your only family member who is still alive. There is no other route. When you arrive—so close to him—what happens? You are seized, imprisoned, not permitted access to a lawyer or given the chance to plead your case. You are whisked away from sanctuary so close that you can almost touch it. This Tory Government are prepared to ignore the plight of that persecuted person of faith, those women, that child, and so many others in circumstances such as theirs. Those people will have no chance of ever finding sanctuary in the UK. The door will be closed permanently. Do unto others as you would have them do unto you.

The Bill is being rushed through with no proper impact assessment, on the back of legislation that is barely even in place—barely even cold—brought in last year. The Home Secretary clearly declares on the front page of this Bill:

“I am unable to make a statement that, in my view, the provisions of the Illegal Migration Bill are compatible with the Convention rights, but the Government nevertheless wishes the House to proceed with the Bill.”

This is the illegal Illegal Migration Bill. It is not legal, not just, and not compatible with the Human Rights Act 1998, which gives effect to the European convention on human rights.

As much as the Government would have us believe it, the ECHR is not a Eurocratic creation but a system championed by Winston Churchill. One of its key drafters was David Maxwell Fyfe, a former Conservative Home Secretary and one of the prosecutors at Nuremburg. The Bill is bang on form for a UK Government who have previously sought to break international law in “specific and limited ways”, but it is even more dangerous than that. The Bill undermines the fundamental international obligations that the Government’s predecessors established under the 1951 refugee convention following the horrors of world war two. The United Nations High Commissioner for Refugees has condemned the Bill, stating:

“The legislation, if passed, would amount to an asylum ban—extinguishing the right to seek refugee protection in the United Kingdom for those who arrive irregularly, no matter how genuine and compelling their claim may be, and with no consideration of their individual circumstances.”

I am sure that we have all been inundated with briefings and contacts from constituents and organisations on this despicable piece of legislation. I will try my best to reflect the many concerns that have been raised with me. Overwhelmingly, I thank the constituents of Glasgow Central, who—as one would expect from the city that gave us the Glasgow Girls, the Glasgow Grannies and the neighbourhood solidarity of Kenmure Street—are resolutely opposed to this cruel Bill.

The Bill is unfair in many respects, but particularly in having retrospective effect. Parliament has only just begun the process of debating this hideous legislation, yet it will impact on people who arrived from 7 March, when the Bill was introduced. People cannot yet know for certain what the Bill will look like, yet they are already severely impacted by it.

The provisions affecting children are among the more disturbing parts of a very bad piece of legislation. Clause 3(2) states:

“The Secretary of State may make arrangements for the removal of a person from the United Kingdom at a time when the person is an unaccompanied child.”

An unaccompanied child. Do unto others as you would have them do unto you. Children and Young People’s Commissioner Bruce Adamson has stated his clear opposition to this Bill. He said:

“The UK is required to ensure that children seeking refugee status receive appropriate protection and humanitarian assistance, under Article 22 of UN Convention on the Rights of the Child. The UNCRC also requires the UK to ensure that children are protected from exploitation and abuse, and afforded support for recovery. This Bill violates those obligations and many others. Its enactment would place the UK in clear breach of its international law obligations under a range of human rights treaties.”

The Bill reaches into Scotland, Wales and Northern Ireland. Clauses 15 to 18 seize powers and undermine the clear protections that Scotland’s devolved institutions have established to protect all our weans.

Barnardo’s has rightly queried why the Bill gives the Home Office the power to accommodate children when hundreds of children are currently missing from Home Office accommodation and unaccounted for. It also wants to know whether an unaccompanied child who has arrived in the UK irregularly will be routinely placed into specialist foster care as a matter of policy or whether they will be eligible for adoption. If two siblings are trafficked into the UK when one is 12 and the other is 18, will both be detained and removed from the UK and denied any protection? If an unaccompanied child is trafficked into the UK and granted protection through the national referral mechanism, and a family member who they may not even have met arrives in the UK irregularly at a later point, will that disqualify the child from modern slavery protection? This whole area is deeply problematic, and even more so as the Bill allows for removal as soon as an unaccompanied child turns 18.

It is clear that the inadmissibility rules in the Nationality and Borders Act 2022 do not work. Expanding inadmissibility creates a situation where there is no right of appeal: “Do not pass Go. Do not collect a meagre £8 a week in an overcrowded hotel. Go directly to immigration jail and await removal.” There are some very tight grounds for a technical appeal, but the potential for people to be removed to places where they will be at risk of persecution is real. I would love to know how the Home Secretary will know the details of a person’s claim if it is not going to be fully assessed.

The Bill talks in clause 6 about the potential for a person to be at risk of persecution due to their sex, their language, their race, their religion, their nationality, their membership of a social or other group, their political opinion or

“any other attribute or circumstance that the Secretary of State thinks appropriate.”

Yet if there is no application, declaration or assessment, no ability to seek legal advice, and a presumption of inadmissibility, how will she know?

The former Prime Minister, the right hon. Member for Maidenhead (Mrs May), who I often disagreed with when she was Home Secretary and Prime Minister, is correct to be concerned about many of the mechanisms in the Bill. It is beyond all logic and reason that the Home Secretary should rip up these important protections. The Bill will also override the Human Trafficking and Exploitation (Scotland) Act 2015, against our will.

The Immigration Law Practitioners Association says that clauses 21 to 28, concerning modern slavery and trafficking, clearly breach the UK’s obligations to victims of trafficking under article 4 of the ECHR and the European convention on action against trafficking. The provisions will deprive victims of their right to recovery, expose them to re-exploitation and facilitate the work of trafficking gangs. I have met people who have been supported through TARA—the Trafficking Awareness Raising Alliance—in Glasgow, and I have seen how damaged some of them have been. It breaks my heart to think that this Government would lock them up and give them no support whatsoever.

Amnesty International has stated that the Bill creates a “charter for human exploitation”, placing many of the most marginalised people firmly in the hands of human traffickers, modern-day slavers and other abusers. The Bill widens the power imbalance between those being abused and their abusers, and it makes it far more difficult for people ever to break free. In so doing, they would risk being removed from the UK permanently, and you can bet that their abusers will use that threat over them. Why on earth would the Home Secretary consider this a sensible idea?

The clauses on entry into and settlement in the United Kingdom are brutal. There is no entry and no chance of settlement, permanently—forever. A person can never enter the UK if they once met the four conditions the Home Secretary is setting for illegal entry, or if they are a family member of that person. Talk about holding the child accountable for the sins of the father. I understand that that applies even if the child was born here. That will surely have the wider impact of hitting people well into the future who may wish to come as tourists, to work or to study. They may have no knowledge of the previous banning order. Why would the Home Secretary wish to deny them that opportunity? What message does she thinks this pulling up of the drawbridge sends out to the world?

Clause 51 outlines the capping of safe and legal routes. These proposed routes are to be brought forward in regulations. The Home Secretary is dangling a carrot that that may happen at some point in the future—maybe, perhaps, in the fullness of time, when parliamentary time allows. Aye, right. We need those safe and legal routes now. They are part of the solution to the small boats crisis. People who come by that route do so because there is no other option. People cannot claim asylum from abroad; they literally need to place their feet on this island. It is not by some coincidence that there are no Ukrainians paying people to come by dinghy; they can get on a plane from Poland and fly to the UK without the risk of being returned there. It is cheaper. It is safer. It is humane.

The Glasgow solicitors firm McGlashan MacKay mentioned that it was dealing with some people from El Salvador, for which there was a visa waiver scheme, so those people could get here safely. The Home Office shut it down.

Afghans do not have the privilege of getting on a plane and coming here. Just 22 people, including eight children, have been resettled in the UK under the Afghan citizens resettlement scheme, via referral from the UNHCR. Pathway 2 is the only route open for resettlement for Afghans who are not already in the UK.

[Tim Loughton (East Worthing and Shoreham) (Con)]

The hon. Lady mentions safe and legal routes. I am very keen that we need greater definition in the Bill, and I am also keen that we need greater safeguards for vulnerable children. Like the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the hon. Lady has focused exclusively on extreme cases of people who may fall foul of the Bill, and that is why we need those additional criteria. However—again, just like the shadow Home Secretary—the hon. Lady has made no mention of people who come across the channel who are not genuine asylum seekers and have no genuine, credible claim to come to the United Kingdom. She seems to assume that everybody coming across the channel is one of those vulnerable people. They are not, so what would she do about those people genuinely abusing our hospitality?

[Alison Thewliss]

The hon. Gentleman knows that the vast majority of people who come over are accepted as asylum seekers and get their refugee status. He also knows that without those safe and legal routes, the question that he asked the Home Secretary at the Home Affairs Committee remains unanswered. Under the Bill, the Home Secretary will not even ask to find out whether these people are genuine; everybody is deemed to be some kind of fake.

Returning to the Afghan scheme, which does not work, I spoke on Friday to my constituent Zakia, who has been trying to reunite with her sister since the fall of Afghanistan. Her sister has had the Taliban enter her home and beat her. She has played by the rules—as the Home Secretary set out and says that people should—and she has made an expression of interest, yet still nothing. If the Home Secretary was in that woman’s shoes, would she really sit tight in Afghanistan and wait for the Taliban to murder her? Because that is what happens to women in Afghanistan. Do unto others as you would have them do unto you.

Capping safe and legal routes—routes that do not even exist right now—would suggest that if you are person x+1, well that is just too bad for you. It is not based on need. A few years ago, I was made aware that the visitor visa scheme for Iranians was essentially being run as a lottery, with the names being drawn of lucky winners. This Government could not run a raffle, and I do not trust them to establish this scheme in a timely or fair manner.

[Scott Benton (Blackpool South) (Con)]

Will the hon. Lady give way?

[Alison Thewliss]

If the hon. Gentleman would like to give me some experience from his constituents of how difficult it is to come from Afghanistan, I would be glad to hear it.

[Scott Benton]

The hon. Lady is speaking of safe and legal routes. Given that there are more than 100 million displaced people globally, I wonder whether she will be kind enough to confirm how many of those people an independent Scotland would take, what tax rises she would make to fund their public services, and how many additional people she is willing to accept in central Glasgow.

[Alison Thewliss]

If the hon. Gentleman knew anything at all, he would know that my Glasgow Central constituency has the highest immigration case load of any constituency in Scotland, and we are proud that that is so. I would like to know how many are being housed in his constituency. I will say, too, that Scotland has taken the highest proportion of Ukrainian refugees and the highest proportion of Syrian refugees. We have a proud history in Scotland, and we would do much, much better than this pathetic excuse for a Government.

Let me turn to the practicalities of the Bill. There is no proof that it will work any more than the Nationality and Borders Act or the hostile environment worked. We were told at the time that those things were the solution to the problems that we had, but they have evidently failed, because the Government are back here legislating again.

There is no return agreement with the EU or anywhere else. Ironically for the Brexiteers on the Conservative Benches, leaving the EU has made this much more difficult. The Bill lists European economic area countries and Albania, but a deal does not exist. There are already countries around the world where the UK Government will not return people, and others where there are no flights and no means of return. The Bill will create an underclass of people stuck in immigration limbo indefinitely.

The Bill will detain everybody arriving in a small boat for 28 days. The UK’s current detention capacity is 2,286 beds. The number of people crossing in small boats last year was 45,755. For context, the prison population in England and Wales in 2022 was just over 81,000 people.

Where on earth does the Home Secretary suggest that the number of people she wishes to detain are kept, as well as those who are deemed inadmissible but unreturnable? Will they be in facilities such as Manston, with children sleeping on the floor; in dilapidated and crumbling facilities such as Napier barracks, where covid and scabies were rife; or in hotels, which is lining the pockets of companies such as Serco and Mears but costing the Government a fortune and putting vulnerable asylum seekers at risk, such as those being housed in Erskine in Scotland, where they are being targeted by far-right groups?

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

My hon. Friend is indeed right. The Erskine Bridge hotel is potentially the largest such hotel in the UK, and we have another hotel in Renfrewshire, unlike the hon. Member for Gloucester (Richard Graham). This Government and Conservative Members assert that Scotland does not play its part, but that is clearly not the case. Meanwhile, Patriotic Alternative, the neo-fascist group, is blaming the SNP for these hotels being used in the first place, leading to security threats against my staff. Does my hon. Friend agree with me that any Conservative Members who support anything Patriotic Alternative has said should be thoroughly ashamed of themselves?

[Alison Thewliss]

I absolutely agree with my hon. Friend’s sentiments. We should all be very worried about the rise of these groups and how they are being fed by the rhetoric of leaders and MPs across the way. [Interruption.] Conservative Members are laughing over there at the suggestion. It is terrifying, and it is scary. People will get hurt, and they should know much better.

Perhaps if the Home Secretary cannot fit people into more asylum hotels or shabby barracks, she will place those who have survived war and persecution on the streets and just let them wander the streets, because they will not be allowed to do anything else. The Home Secretary seems to envisage this as some kind of deterrent, but she fails completely to recognise the reasons why people flee, and the ties of family and English language that people have. Afghan interpreters have said to me, “We’re here, because you were there.” As Enver Solomon, chief executive officer of the Refugee Council has said:

“The plans won’t stop the crossings but will simply leave traumatised people locked up in a state of misery being treated as criminals and suspected terrorists without a fair hearing on our soil.”

All of this comes at a financial cost, as well as a humanitarian one, and we would have imagined that the Conservatives at least cared about that. This includes about £6 million per day on hotels—including for one of my constituents who contacted me today, who has been in a B&B for 20 months waiting on a decision from the Home Office—which is exacerbated all the way by the Home Office incompetence that I see, week in and week out, at my surgeries. It includes £12.7 million to compensate the 572 people the Home Office detained unlawfully last year, at least £120 million on the failed Rwanda deal, and £480 million to France over the next three years on top of the £250 million already given since 2014. The Refugee Council estimates that it will cost in the region of £980 million to detain people under the scheme proposed in the Bill. It is chucking good money after bad policy, and it is sickening that it costs so much to treat our fellow human beings so badly.

My constituent Patricia put it to me so clearly on Saturday. She said:

“I am not ‘asylum’, I have a name, I’m a human being and every human being has a right”.

People do not need to be an exceptional athlete like Mo Farah, the chief executive of the Scottish Refugee Council like Sabir Zazai, a councillor like Roza Salih or Abdul Bostani, or even an Oscar-winning actor like Ke Huy Quan. Refugees are entitled to the right to lead an unremarkable life in peace and safety, to get an education and to provide for their family. It is not asking too much; it is the least anyone could expect. Do unto others as you would have them do unto you.

The SNP wholeheartedly and unequivocally condemns this cruel, shoddy, tawdry Bill. We urge the Government to scrap it, to focus instead on tackling the asylum backlog that leaves so many of our constituents in a costly and damaging limbo, and to lift the ban and let refugees work and contribute, as they so wish to do. It has been telling that the Labour party has been so weak in its opposition to this Bill as to be played off the park by football pundits, commentators and actresses such as Cate Blanchett. My credit to the principled stance taken by Gary Lineker and his colleagues in thoroughly Kenmuring the BBC, and I bet if he had tweeted in favour of the Bill, he would not have faced the red-card worthy simulation of outrage from the Tory Benches. It seems that if you are a Tory donor, you can run the BBC, but if you oppose this pathetic excuse for a Government, they do not want you to work there.

Scotland stands against this Bill. We would not have such cruel provisions in an independent Scotland. We wish to be known for our kindness, our hospitality and our compassion, not our hard-heartedness and our cruelty. We would do unto others as we would have them do unto us. Say it loud, say it clear, refugees are welcome here!

[Several hon. Members rose—]

Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023

Alison Thewliss Excerpts

Wednesday 1st March 2023 General Committees

[Alison Thewliss (Glasgow Central) (SNP)]

Happy St David’s Day to all who are celebrating today.

I thank the Minister for setting out his reasoning. I am mainly concerned about a point in the explanatory memorandum, which says:

“No public consultation was undertaken on this instrument but the Home Office has consulted the SIAC Chairperson on the drafting of the amendments to the procedure rules.”

In that context, there has been no wider scrutiny of the statutory instrument. Quite late in the day, I received some information from the Immigration Law Practitioners Association, which believes the rules to be problematic because they do not do anything to secure an extension of the time to appeal for the pre-commencement deprivation orders; they introduce a non-adversarial fast-track paper process that was not stipulated in the Nationality and Borders Act 2022; and there is no provision for a special advocate to be appointed.

I would also query the part about determinations on paper. Proposed new section 25E states:

“The Commission must determine the application on paper without a hearing before the Commission.”

Does that give adequate scrutiny of such decisions on paper? I am not certain how that process will work in detail, so I would be grateful for a fuller explanation from the Minister.

Security Threat to UK-Based Journalists

Alison Thewliss Excerpts

Monday 20th February 2023 Commons Chamber

[Mr Deputy Speaker]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

I thank the Minister for his statement and for advance sight of it, as well as for the way in which he has approached this very serious issue this afternoon.

We in the SNP are alarmed and deeply disturbed by the serious threats to UK-based journalists by the Iranian regime, and we condemn in the strongest possible terms the horrifying threats to journalists, their family members and all others involved. We owe a great debt of gratitude to the brave independent Iranian journalists, particularly those from Iran International, who have shone a light on the recent protest movements and shown the world the continuous and shocking human rights abuses by the Iranian security forces and the Iranian regime. We commend their courage in continuing to do so in the face of threats that have come in a place where they should expect to feel safe.

It is very welcome that the Minister is talking about more sanctions today, and I appreciate what he said about not announcing the proscription of organisations such as the IRGC on the Floor of the House, but I would strongly urge him to consider doing so and to consider doing so quickly. This is the source of great uncertainty and great fear for many Iranians who are living in the UK, including those who have come to visit my surgeries, and he may remember that I raised the case of a constituent a few weeks ago. Those Iranians I have spoken to in Glasgow are scared. They do not know where they are safe, and that should not be the situation for anybody who has come to live in these islands. They should be able to go about their lives in Glasgow or anywhere else without fearing who might be coming to get them, and without having to look over their shoulder whether out in the streets or even in universities, where they do not feel as though they can be quite as safe as they should be.

Could I also ask the Minister what approach he is taking with colleagues in the Home Office to the issuing of visas for those who fear that if they return to Iran they will be persecuted, for those—perhaps if they are on a student visa that may run out—who are in limbo at the moment and are not certain as to what their future will be, and for visitors? What is the further approach to those who may actually pose a risk to people in the UK in getting visas for here?

[Tom Tugendhat]

I thank the hon. Member for the tone in which she has approached this. She is absolutely right, of course, that anybody in the United Kingdom—whether they are in Gloucester or in Glasgow—should be absolutely as safe as any UK citizen. She is right that, sadly, some are being targeted. While I hear her words on proscription, it is worth noting that the National Security Bill we have brought in does allow us to exercise almost all the powers of proscription against state threats, which will be enormously helpful. I know that she has in the past been very supportive of various elements of that, so I hope we will be able to continue enjoying the support of her and her party.

The hon. Member raises the question of visas, and she is absolutely right to do so. I will not comment on individual cases for obvious reasons, but as she knows, the UK Government and the British people have been exceptionally generous to those in need of sanctuary in the United Kingdom, and I am absolutely certain that that policy will continue.

Knowsley Incident

Alison Thewliss Excerpts

Monday 20th February 2023 Commons Chamber

[Robert Jenrick]

I agree that we need to ensure that the operational side of the Home Office performs, but there is no easy way to build our way out of this problem; we have to stop people crossing the channel illegally in the first place, because the numbers crossing the channel today are of an order that will always place our asylum and immigration system under enormous strain.

We are working very closely with the police and the National Crime Agency to bear down on organised immigration crime. We have doubled the budget of the NCA in that regard, and are working with it across Europe and beyond to tackle the gangs upstream in every respect. Here in the UK, we are increasing the number of immigration enforcement visits, including raids on illegal employers, by 50%. That activity started at the beginning of the year.

I do not agree with my hon. Friend’s premise that if we pursue a policy like Rwanda, we will see people escaping into the broader community, although I understand where she is coming from. In fact, almost 99% of people crossing the channel in small boats are apprehended by British law enforcement authorities—mostly when we save them at sea and bring them to Western Jet Foil and Manston—so we do meet people who arrive on our shores. The key thing is to stop them arriving in the first place.

[Alison Thewliss (Glasgow Central) (SNP)]

It is clear that putting people in hotels in this large-scale way has allowed right-wing extremist groups to target groups of vulnerable people. It is Home Office policy, therefore, that is putting people at risk—not just vulnerable asylum seekers, but our police, who have to protect everybody in such situations. Does the Minister agree that a lot more needs to be done with social media companies? He said that there is some kind of monitoring and conversations with the police regarding social media companies, but what meetings has he had directly with social media companies? It is very clear that these right-wing extremist groups are organising on social media platforms. I saw some of it myself—was offered it by an algorithm—at the weekend; I do not want to see that kind of hatred on any social media site.

Will any asylum seekers who have been badly impacted by the attack on the hotel, or who still feel at risk, have the option to be moved somewhere else where they feel safer, and will they get additional support if that is required? Will the Minister tell me what additional security measures have been put in place at all sites where asylum seekers are being held in such accommodation, and does he agree with the statement from Merseyside police that,

“Social media speculation, misinformation and rumour can actually damage the outcome of investigations and cause unnecessary fear and consequent behaviour”?

[Robert Jenrick]

We are working closely with the social media companies, and in fact are stepping up that activity. We supported a recent proposal to amend the Online Safety Bill by putting extra duties on the social media companies in respect of tackling organised immigration crime and abuse of this kind. We monitor social media content closely and the police will raise that with the social media companies through the appropriate channels.

I am afraid that the hon. Lady’s accusation that the Home Office has stoked far right activities is both wrong and deeply offensive; the issue here is the number of people crossing the channel illegally.

[Alison Thewliss]

No, it is the backlog.

[Robert Jenrick]

It is not the backlog; that is a fantasy. The way to tackle this issue is not by making the UK a more attractive destination, but by tackling the illegal gangs and changing the incentives. We will only do that through having the most robust approach to illegal migration, including by ensuring those who come here in this manner are removed to a safe third country.

Oral Answers to Questions

Alison Thewliss Excerpts

Monday 6th February 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

Home Office accommodation provider Mears has made significant profits providing substandard facilities for asylum seekers. Community InfoSource in Glasgow has found that Mears’ practices are retraumatising and causing unnecessary stress and suffering. Mears is now back to using hotels such as the Muthu in Erskine, which the Park Inn incident in Glasgow proved to be entirely unsuitable for vulnerable people. Why are the UK Government encouraging rapacious companies to profit from misery, rather than investing in community-based alternatives and more effective decision making?

[Robert Jenrick]

If the hon. Lady has specific allegations, will she please bring them to me and I will be happy to investigate them?

The answer to this issue, in Scotland as across the country, is for local authorities to step up and make more accommodation available. As I have said many times at the Dispatch Box, including to the hon. Lady, the Scottish Government are taking fewer asylum seekers and refugees than any other comparable part of the United Kingdom. The SNP’s record on this issue is frankly shameful. It was, after all, the Scottish Government whose failed Ukrainian scheme meant that they had to house Ukrainian refugees in cruise ships.

--- Later in debate ---

[Mr Speaker]

I call the Scottish National party spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

Delays even when decisions have been made are all too common. To give an example, a constituent had his appeal allowed but is still waiting for the tribunal’s decision to be implemented nine months later. He cannot get on with his life. In a written answer to me, the Minister for Immigration was unable to provide my constituent with a timescale, or to establish the longest time that people have been waiting, or even how many appeals are still in Home Office limbo. Can he tell me what is the longest time that people like my constituent will have to wait, or is Home Office bureaucracy now completely out of his control?

[Robert Jenrick]

The hon. Lady does not want us to tackle this issue because she believes in open borders. We want to take action to ensure that this country is not somewhere where economic migrants and asylum shoppers seek to come. That means suffusing deterrents throughout the system. She should support plans such as Rwanda and our efforts to bear down on illegal migrants. We will bear down on the backlog of cases. As I said in answer to an earlier question, we will clear it over the course of this year. We are ensuing that productivity rises every week.

Economic Crime and Corporate Transparency Bill

Alison Thewliss Excerpts

Report stage
Wednesday 25th January 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

It is a pleasure to follow the expertise of the right hon. and learned Member for South Swindon (Sir Robert Buckland), who outlined in great detail the significance and importance of the new clauses. Yet again, the House has the opportunity to get it right, and to get it right now, today, rather than at some point or when parliamentary time allows or after consultation or in due course. Why not do it today?

I have heard no arguments from Ministers in Committee, on Second Reading or here this afternoon to excuse why it cannot be done today, now, with the new clauses that have been so diligently and expertly proposed by right hon. and hon. Members. As I said yesterday, these are cross-party new clauses. They are the most widely supported new clauses I have seen, and there is no reason why the Government cannot accept not only the proposals from this side of the House but the diligent work of their own Back Benchers on the new clauses. It makes absolute sense.

I support the Government amendments before us, both the correcting ones and those that allow Scottish Ministers and their responsibilities to be added to the Bill. It is good that they have been brought forward now, although I am slightly wary that that happened at such a late stage and that the problem had been missed. Regardless, I am happy to see them today. I also support the amendments on information sharing between agencies, which make sense.

I am, however, concerned that the Government will not accept the “failure to prevent” amendment. As I said in Committee, when the hon. Member for Thirsk and Malton (Kevin Hollinrake) was a Back Bencher he was very supportive of the “failure to prevent” provisions, right up until 13 October 2022, when he said:

“Of all the measures we have talked about today, this would have the biggest effect in terms of cutting down on economic crime, because lots of our financial organisations are complicit when it suits their interests to be so.”—[Official Report, 13 October 2022; Vol. 720, c. 310.]

There is nothing in the Bill that would change that situation, but the new clause would. As I pointed out in Committee, now he is not just the hon. Member for Thirsk and Malton but the Under-Secretary of State for Business, Energy and Industrial Strategy. He has argued for a “failure to prevent” economic crime offence not just on 13 October last year, but on 7 July 2022, on 1, 22 and 28 February 2022, on 2 December 2021, on 9 November 2021, on 22 September 2021, on 18 May 2021, on 9 November 2020, on 25 February 2020, on 19 July 2019, on 23 April 2019, on 18 December 2018 and on 9 October 2018. Given that the hon. Gentleman has spent his parliamentary career arguing for this, it beggars belief that now he is a Minister with the power to implement it, he is not actually doing so.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

These are very important points. Given their importance, should the Minister not put down his phone and listen to what my hon. Friend is saying?

[Alison Thewliss]

One Minister is on his phone and the other—the hon. Member for Thirsk and Malton—is sitting at the back of the Chamber having a gab. This is not ideal, but perhaps the Minister has already heard what I have to say and does not want to hear it again.

“O, wad some Power the giftie gie us

To see oursels as others see us!”

[Tom Tugendhat]

It is not the first time I have heard this speech.

[Alison Thewliss]

It is not, and it certainly will not be the last. It could be if the Minister accepted the amendments, but he is not going to do that, and he will keep hearing this speech until he does: that is the truth of the matter.

As other Members have said, there is a precedent for a “failure to prevent” measure. It is in the Health and Safety at Work etc. Act 1974 and the Bribery Act 2010, so the concept already exists, and there is no reason why it cannot be applied today. Even if the Government are saying, “We want to extend it to other areas”, that should not limit us today, when the Bill gives us the opportunity.

I also support new clauses 4, 5 and 6. The right hon. and learned Member for South Swindon made an important point about what senior managers have to do, which is also relevant to the Online Safety Bill. I rather like the definition of an offence committed with

“the consent, connivance or neglect of a senior manager.”

All those things contribute to economic crime. This is, if you will, a sin of omission, and we should take the opportunity to tighten up these loopholes. It is one thing to know about something that is happening, it is another thing to look the other way, and it is another thing not to do your job properly and allow that something to happen. This would cover all those eventualities.

New clause 7, in the name of the hon. Member for Cheadle (Mary Robinson) deals with whistleblowing. It is an excellent new clause which would enhance the Bill and offer protection to the very people who flag up these economic crimes. Whenever I think about whistleblowing, I remember a little cartoon that I saw many years ago showing a man sitting at a computer terminal in an office with a sign above his head saying, “Congratulations Frank, whistleblower of the month.” I understand that the cartoonist was Bill Proud. Every time I think about that, I think about the lack of protection offered to whistleblowers, and how much more the Government could be doing to ensure that those who do speak up are protected.

The organisation Protect says that it has offered advice on whistleblowing to 2,500 people a year, and that of those who have contacted it about their experiences, 65% have suffered some kind of detriment as a result of their whistleblowing. There is no incentive for many people to speak out when they see something wrong. They feel that they will lose their job or their promotion and will have to work somewhere else, and also that this might follow them around if they are seeking references for a new job. There is a real problem here, and the Government could, if they wished, deal with it in the Bill: it would make sense for them to do so.

I also support the cost cap suggested in new clause 21. Bill Browder spoke about this issue very powerfully during the Public Bill Committee evidence sessions. The balance is completely skewed to the side of the criminals and away from the Government, and away from the prosecutors and the agencies who want to take on these crimes but simply cannot afford to do so. Bill Browder said:

“What I have learned is that the law enforcement agencies effectively refuse to open criminal cases unless they are 100% sure that they can win without any tough fight on the other side.”––[Official Report, Economic Crime and Corporate Transparency Public Bill Committee, 25 October 2022; c. 65.]

And what we have learned, even just this week, is that the other side can afford anything that allows them to support their case. Indeed, that was made clear in the exchanges on the urgent question on the Wagner Group earlier today. The other side are very well set up financially: they can afford the very best lawyers, while the prosecutors sit there with nothing in their armoury to take on these oligarchs and kleptocrats. That is not acceptable, and a cost cap such as the one suggested in new clause 21 would go some way to addressing it.

Bill Browder has also talked powerfully about the Magnitsky case. He produced a load of evidence about money that been stolen and laundered, being put through various accounts. He had traced all the money, some of which had ended up in the United Kingdom. When he presented the case to prosecutors, to the National Crime Agency and to various other agencies, they all refused to take it on. A crime has been committed, and we know who committed it and where the money ended up, but prosecutors here do nothing about it because it would cost them money that they might never see again. As a result, crimes go unprosecuted in the United Kingdom. It is unacceptable that, by failing to take on new clause 21 and other such measures that would cap costs, the Government are allowing this to continue.

I would support further measures on sanctions. Further to the urgent question, monitoring of sanctions and their effectiveness needs to be a lot tighter. Any sensible sanctions scheme would not have waivers for warlords.

I very much support the new clauses on the proceeds of crime and compensation for victims, for the people of Ukraine and indeed for the people of Iran, as has been suggested by the hon. Member for Oxford West and Abingdon (Layla Moran). Those measures are important. There are schemes such as the financial services compensation scheme, but in many cases that does not fully compensate, or compensate at all, those victims of economic crime. Appropriate compensation should be given, given the real and devastating effect that financial crime can have on our constituents. People who feel that they have been duped will carry that around for a long time, so compensation is important, and there is real need for finance both to fight the war in Ukraine and to rebuild that country thereafter.

--- Later in debate ---

[Alison Thewliss]

The hon. Lady is making some excellent points about the golden visas. Does she find the lack of curiosity from the Government about these golden visa holders and what they have been up to as remarkable as I do, when compared with some of the difficulties that our constituents have in asking for something as simple as a visitor visa to have their granny come over and visit from Iran?

[Layla Moran]

I thank the hon. Lady for her point, which is well made. The thing is that the Government were curious, and they did this review, which is sitting there. That is clear—the one thing that the written statement confirmed was that a review had been done and recommendations had come from it, but all we got was a summary of the recommendations. What I take from that is that they were curious and they found out, but now they do not want to tell us. What on earth happened? It is not a good look.

To move on from golden visas, we desperately need to see more action in a number of other areas to ensure that we properly tackle economic crime, particularly by kleptocrats. It is right that we focus on Russians, but it is worth saying that the Bill will apply to many other flavours of kleptocrats and bad people. As other hon. Members have said, this could be our last chance for many years to get this right, so we should consider how else it might apply. Last year, for example, Hong Kong Watch highlighted concerns about the dirty money that Hong Kong officials had gained through corruption and that has now been spent by the families of officials in the UK, including on property. I raised those concerns at the time and I will continue to press Ministers on them.

I tabled new clause 30, about Iran, to show how important it is to focus not on a single country, but anywhere there are human rights abuses. Anoosheh Ashoori made the point that

“there are a large number of children and relatives of the regime that, like the Russian oligarchs, like living the high life here and have assets here.”

Why are we not pursuing them? The new clause asks the Government to use existing legislation to do an audit and report back to Parliament. We should apply the Bill to as many places as it can be effective.

All that takes resourcing—a familiar refrain in the House—which is addressed by new clause 31. Frankly, resourcing is a lacuna in this Bill and its predecessor. I was encouraged by the number of amendments on establishing an economic crime fighting fund, which shows that it is clearly the shared will of hon. Members on both sides of the House that we put the resourcing and money behind this legislation to ensure that it is done properly. The Liberal Democrats wholeheartedly share that commitment. I say to the Minister that that money would not be frittered away; it would be an investment, because if we fund the agencies properly, they will start to bring the money back in. We know the exorbitant amount that we think we are losing to economic crime, so any investment in getting some of that money back would surely be good.

In conclusion, I urge Ministers to take note of the willingness of hon. Members on both sides of the House to act, and to take heart from it. There is much more to be done. I hope that the Bill is the next chapter, but not the last, in the House’s fight against economic crime in this country. I sincerely hope that Ministers will continue to work with us in our common aim of bringing about transparency and light to tackle this once and for all, so that we are never again left in this embarrassing position.

--- Later in debate ---

[Alison Thewliss]

I thank everybody who has contributed to the Bill. It has been a cross-party and worthwhile effort, and everybody who has been part of it has felt that. I hope the Government do their bit and take that cross-party effort in the spirit in which we meant it. We want to improve the Bill and for it to do everything it can do right now, rather than waiting for some distant point in the future when we come back and say, “We’ve still got these problems and this Bill, which could have addressed them, has not.” We have been there before. We had the Sanctions and Anti-Money Laundering Bill, and other Bills while I have been in this House could have addressed or fixed these problems, yet we are here again today still not fixing all the problems. Who knows when parliamentary time will allow us to pass this way again.

I thank the experts who have given so much evidence to us individually and as parliamentarians in Committee and other places. In particular I thank Helena Wood of the Royal United Services Institute, Duncan Hames of Transparency International, Bill Browder, Oliver Bullough and Graham Barrow, the expert on Companies House. He has had his own health issues but has continued to campaign on Companies House. We wish him well and a speedy recovery, and all the best with his treatment.

I also thank my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands). He came on board with this Bill and was very supportive and helpful throughout its passage, raising the issue of phoenixing, which is of concern to many of our constituents. I encourage the Government to look at how they can fix phoenixing, and ensure that our constituents and companies based in our constituencies do not fall victim to companies that seek to abuse the system in such a way. I give great thanks to the right hon. Member for Barking (Dame Margaret Hodge) who has been such a tremendous champion for all these issues over a long period. Her expertise, her contribution, and the way that she convenes people within this place has been incredibly important for this agenda, and I cannot thank her enough for that work.

I thank the Clerks and the Bill team for all they have done to help support us throughout the passage of the Bill. Putting together all the amendments is not easy, and under pressures of time they have been incredibly helpful in putting them together for us. I also thank Mhairi Love in my own office, and Sarah Callaghan in the SNP research office. Again, they have been incredibly helpful in putting together research on all these areas, and putting up with me when I go down a big rabbit hole of all the things about economic crime that live in my head most of the time. They have been very helpful indeed over the course of things.

I want to make an announcement, Mr Deputy Speaker, before everybody departs—[Interruption.] I am not going to the Government Benches; the Minister is welcome over here any time. I am not sure that his constituents would expect him to be an SNP Member, but any time he feels the need that is fine. As it is Burns Night, there is haggis in the canteen, and I encourage everybody to partake and get their honest, sonsie faces over to the canteen before it goes. I am looking forward to mine. Not related in any way to the Bill, the Ayrshire Fiddlers—not that kind of fiddlers—are in Strangers Bar, and Members should go and see them because they are very good indeed. Crucially for this Bill they are playing the fiddle and they are not on the fiddle, so please go and give them your support.

I finish with some lines from our national bard:

“O, wad some power the giftie gie us

To see oursels as others see us!

It wad frae monie a blunder free us,

An’ foolish notion.”

I ask Ministers to reflect on how others will see the Bill and make amendments to it in the other place to make it befitting of the commitment that we all have to seeing economic crime removed.

[Mr Deputy Speaker (Mr Nigel Evans)]

Happy Burns Night, everyone.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Unaccompanied Asylum-seeking Children

Alison Thewliss Excerpts

Tuesday 24th January 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

It is completely unacceptable that vulnerable young people who need care and support continue to vanish under the Home Office’s watch. The Children’s Commissioner for England made her concerns clear on the safeguarding of these young people. Has the Minister met the Children’s Commissioner for England? Has he considered an equivalent to the Scottish Guardianship Service, which provides personalised and sustained support to unaccompanied refugee children? Would that be a useful model to keep young people safe?

Sussex police say 76 children are unaccounted for in this case. The Minister said that 440 children had gone missing and that 200 remained unaccounted for across the UK. Is he certain of those figures, and will he provide regular updates to the House on the number of children missing and still unaccounted for? Will he end the practice of putting children in hotels, a practice that many stakeholders and whistleblowers have repeatedly flagged as dangerous and putting children at risk?

[Robert Jenrick]

I want to end the practice of putting children in hotels, but the key to that is stopping people crossing the channel in the first place. If we continue to have tens of thousands of people, including very significant numbers of minors, crossing the channel every year, I am afraid that there is no choice but to accommodate people for a short period of time in hotels before they can flow into better accommodation within local authorities.

The hon. Lady and others across the House should appreciate that this is a national emergency. It is part of a global migration crisis, and we need to take the most robust action we can to deter people from making the journey, or I am afraid that we will find this problem magnified in the years to come. That is why we have taken the steps that we have in the recent past; that is why the Prime Minister set out his plan at the end of last year; and that is why we will shortly be bringing forward legislation, which I hope the hon. Lady and her colleagues will support.

I will certainly look into the Scottish guardianship model that the hon. Lady raises, but as I have said many times, it remains true that as a proportion of its population Scotland takes far fewer unaccompanied asylum-seeking children than England. One practical step that she could take would be to encourage the SNP Government and local authorities in Scotland to play a fuller part in ensuring that these young people are given the care and attention they deserve.