Border Security, Asylum and Immigration Bill (Ninth sitting)

Angela Eagle Excerpts

Committee stage
Thursday 13th March 2025 Public Bill Committees

[The Chair]

With this it will be convenient to discuss the following:

Amendment 20, in clause 53, page 55, line 23, at end insert—

“(3) The Secretary of State may only make regulations under subsection (1) which amend, repeal or revoke an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament following consultation with Scottish Ministers.”.

This amendment requires the Secretary of State to consult Scottish Ministers when making regulations under Clause 53 (1) which amend, repeal or revoke an enactment in or under an Act of the Scottish Parliament.

Clauses 53 and 54 stand part.

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

Clause 52 enables money to be provided by Parliament for expenditure incurred under or by virtue of the Bill and for any increase in expenditure attributable to the Bill. Clause 53 allows the Secretary of State to make consequential or minor amendments to the Bill by regulation. Clause 54 confirms that regulations under the Bill must be made by statutory instrument.

Regulations under the provisions of the Bill listed in clause 54(3) will be subject to the affirmative process and will therefore require a draft statutory instrument to be laid and approved by a resolution of each House of Parliament before they can be made. I commend the clauses to the Committee, but I will answer any questions or queries the hon. Member for Perth and Kinross-shire has in his speech on amendment 20.

[Pete Wishart (Perth and Kinross-shire) (SNP)]

Dame Siobhain, we have to stop meeting like this. Amendment 20 is a rather simple amendment, and one that I hope the Minister takes seriously. Clause 53 has a massive and dramatic impact on Scottish legislation that has been passed under devolved powers by the Scottish Parliament. It says that the Secretary of State has the power to make regulations that are consequential on the Bill. Those regulations could,

“in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as”

the Bill.

The power granted to the Secretary of State is overly broad, affecting all legislation passed by the Scottish Parliament and Scottish statutory instruments over the past 25 years. Importantly, that includes enactments in or made under an Act of the Scottish Parliament as well as similar legislation passed by the Senedd Cymru and the Northern Ireland Assembly. It is unreasonable that the Home Secretary could amend, repeal or revoke that body of law through regulations that bypass proper parliamentary scrutiny.

Requiring consultations with Scottish Ministers before making those regulations is the bare minimum and could help to identify potential issues and prevent unintended consequences. The use of Henry VIII powers —or James VI powers, as we would prefer to call them in Scotland—is unconstrained and could have significant implications for the law in Scotland. For that reason, it is crucial that the Secretary of State consults with Scottish Ministers and with other devolved Administrations before moving forward with those regulations.

[Dame Angela Eagle]

Amendment 20 seeks to add a requirement to the Bill that Scottish Ministers are consulted before any regulations are made under clause 53(1). I recognise the sentiment behind the amendment tabled by the hon. Member for Perth and Kinross-shire and fully expect it. I support his general point about the importance of collaboration between the UK Government and the devolved Governments. The Prime Minister was clear when this Government were elected that it is our intention to ensure close collaboration between the UK Government and the devolved Governments. I hope that my counterparts in those Governments have felt that that rings true in the case of this Bill; I was pleased to discuss it with them in February.

I can assure the hon. Member that—he will be surprised to hear—this amendment is unnecessary. The standard power in clause 53(1) simply enables regulations to make any further necessary consequential amendments. Where such regulations amend, repeal or revoke primary legislation, clause 54(3) provides that the regulations would follow the draft affirmative procedure, requiring the approval of each House.

In line with normal practice, the Home Office and other UK Government Departments work with officials in the devolved Governments when legislation is being developed that would have an impact on the devolved nations, including where there is an interaction with legislation passed by the Scottish Parliament, the Senedd or the Northern Ireland Assembly. For this Bill, I and officials in the Home Office have had regular engagement with the devolved Governments. I put on record my thanks to the officials and my ministerial counterparts in the devolved Governments their constructive engagement and contributions to the development of this legislation. They are considering the Bill, and I have asked them to seek legislative consent in their respective legislatures where appropriate for certain measures.

I also note that since the relevant regulations cover only those provisions consequential on the content of the Bill, and since that content has involved continued engagement with devolved Governments over many months, what the amendment seeks is already accounted for. That said, I reiterate that normal practice would be for the devolved Governments to be engaged where legislation, including secondary legislation, is expected to have an impact on their nation. This legislation largely concerns matters that are reserved to this Parliament. For the areas where it does not, legislative consent motions are in the process of being considered in the devolved Administrations.

Given those reassurances and the general good will that has come out of the meetings we have had with all the devolved Administrations, I hope that the hon. Member will consider his concerns to be unjustified in this instance and will not push the amendment to a vote.

[Pete Wishart]

I will not push the amendment to a vote.

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Extent

[Dame Angela Eagle]

I beg to move amendment 21, in clause 55, page 56, line 28, after “12,” insert “24, ”.

This amendment removes clause 24 (which amends the Criminal Justice and Police Act 2001) from the power to extend provisions of the Bill to the Isle of Man by Order in Council.

[The Chair]

With this it will be convenient to discuss Government amendments 23 and 24.

[Dame Angela Eagle]

Government amendments 23 and 24 add to the existing provision at clause 55(4):

“His Majesty may by Order in Council provide for any of the provisions…to extend…to the Isle of Man.”

Certain provisions are, as appropriate, excluded from extension. The amendments make the same provision to extend provisions by Order in Council to the Bailiwick of Guernsey and the Bailiwick of Jersey. That follows the Government receiving confirmation from the Bailiwick of Guernsey and the Bailiwick of Jersey that they wish for a permissive extent clause to be included in the Bill. I am grateful for the engagement of officials and the consideration by respective legislative assemblies on these matters. Confirmation from the Isle of Man has been received before the introduction of the Bill, hence provision already being made at introduction.

Government amendment 21 amends the list of provisions excluded from extension by Order in Council with the effect that clause 24, which amends the Criminal Justice and Police Act 2001, may not be extended. That is on the basis that that Act does not have an equivalent permissive extent clause, and any extension would therefore not be required or appropriate. That is a little tweak to the Bill.

[Mr Will Forster (Woking) (LD)]

I am surprised to be raising this issue and that I do not immediately know the answer. The Minister has raised issues with Jersey, Guernsey and the Isle of Man, but that poses the question: what about our other overseas territories and areas such as the Falklands? The Government clearly considered the impact of our complicated relations with some places when drafting the Bill, but what about the others? Have the Government considered all those issues?

[Dame Angela Eagle]

I assure the hon. Gentleman that we certainly have considered those issues. The tweak with the Isle of Man relates to a technicality that was discovered after the Bill was drafted. The two other amendments, which extend certain provisions to the Bailiwicks of Guernsey and Jersey respectively, were added after work was done between our Parliament and those legislatures to ensure that they were happy for that extension and wanted a permissive extension clause to be added. That is what the amendments do.

Amendment 21 agreed to.

[Seema Malhotra]

I beg to move amendment 22, in clause 55, page 56, line 28, after “39” insert “ and (EU Settlement Scheme: rights of entry and residence etc)”.

This amendment to the extent clause is consequential on NC31.

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[Dame Angela Eagle]

I beg to move, That the clause be read a Second time.

The new clause encompasses the conditions that can be attached to permission to enter or stay and immigration bail. Where a person is liable to be detained, for example because they are in the UK without the required permission or are subject to deportation proceedings, they may be placed on immigration bail. Where appropriate and in accordance with our European convention on human rights obligations, those on immigration bail can be subject to measures such as electronic monitoring and curfews.

Where a person does not qualify for asylum or protection under the refugee convention but cannot be removed from the UK because of our obligations under domestic and international law, they are granted permission to stay. Irrespective of the threat posed by the person, our legislation prevents us from imposing the same conditions that they may have been subjected to while on immigration bail.

The new clause will end that disparity in the powers available to protect the public from the particular migrant who poses a threat. It also makes crystal clear the conditions that may be imposed when a person is subject to immigration bail.

[Matt Vickers]

The new clause makes provision about the conditions that can be imposed on a grant of leave to enter or remain in the United Kingdom or a grant of immigration bail. The new conditions focus primarily on electronic monitoring, and we are supportive of those. However, given that the Government are repealing the provision passed by the last Conservative Government to mandate scientific age assessment, I am interested to know how they intend to ensure that the requirement that an electronic monitoring condition

“may not be imposed on a person unless the person is at least 18 years old”

can be delivered. As the Minister may have noticed, I am deeply concerned about the repealing of mandatory scientific age assessment provisions, and this is another reason why. Can she give us any timetable for when the Government might return to the issue?

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[Matt Vickers]

I would be interested in the Minister’s assessment of the operational utility of the new clause. What impact do the Government expect it to have on lowering the rate of abscondence from immigration bail?

[Dame Angela Eagle]

We have had a small but perfectly formed debate on the new clause. I seek to reassure the hon. Member for Perth and Kinross-shire and explain to those who have made contributions the effect of the provisions.

I say gently to the hon. Member that the Bill is in compliance with international human rights laws. The powers in the new clause are necessary to protect the public from a very small cohort of migrants who pose a threat to them, but who cannot be removed because of our obligations under domestic and international law. In other words, they exist only because we are observing our obligations under international law. If we were simply to ignore international law and seek to deport people against the standards of international law to which we have signed up, we would not need to have these extra powers. We are debating new clause 30 only because we are adhering to international law. The hon. Member says that we are being cavalier about our commitment to adhering to international law. I gently say that he has got it pretty wrong.

In these cases, we will continue to frequently assess each person’s circumstances to ensure that they are removed at the earliest opportunity from measures such as a requirement to report, a curfew or electronic tagging, if it is safe to do so from the point of view of protecting the public. The powers will be used only in cases involving conduct such as war crimes, crimes against humanity, extremism or serious crime, or where the person poses a threat to national security or public safety. That is a pretty high bar.

The idea is that if somebody is on immigration bail and we are trying to detain them to deport them, but it transpires that we cannot deport them because of the threat to their safety and they have to be looked after here, it is wholly proportionate, if they present a real threat to the public, that the powers to electronically tag them or subject them to exclusion or inclusion zones can be attached to them. We are talking about people who come off immigration bail because we cannot deport them and, without the new clause, would suddenly find themselves much freer to cause the damage that we fear they may cause if they are left unwatched. That is the very narrow purpose of the new clause in the circumstances that I have talked about. To impose these tough restrictions there has to be a proportionality test, and of course all that is testable in law.

We are seeking to make certain that we can satisfy ourselves, more than we can at present, that that small category of people who, on a case-by-case basis, will be assessed to present this kind of risk can be properly managed and watched. In those circumstances, I hope that the Committee will agree to add the new clause to the Bill.

Question put and agreed to.

New clause 30 accordingly read a Second time, and added to the Bill.

New Clause 31

EU Settlement Scheme: rights of entry and residence etc

“(1) For the purposes of this section ‘relevant citizens’ rights’ means the rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a) are recognised and available in domestic law by virtue of

section 7A or 7B of the European Union (Withdrawal) Act 2018, and

(b) are derived from—

(i) Title 2 of Part 2 of the withdrawal agreement or Title 1 or 4 of Part 2 of that agreement so far as relating to Title 2 of that Part,

(ii) Title 2 of Part 2 of the EEA EFTA separation agreement or Title 1 or 4 of Part 2 of that agreement so far as relating to Title 2 of that Part, or

(iii) Article 4(2), 7 or 8 or Chapter 1 of Title 2 of Part 2 of the Swiss citizens’ rights agreement or Title 1 of Part 2 of that agreement so far as relating to Chapter 1 of Title 2 of that Part.

(2) Subsection (5) applies to a person (‘P’) where—

(a) P has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

(b) the leave was granted to P on the basis of requirements which included that P is a relevant national or is (or was) a family member of a person who is (or was) a relevant national,

(c) each of the requirements on the basis of which P’s leave was granted was in fact met,

(d) either—

(i) in a case where P’s leave was not granted on the basis that P is (or was) a joining family member of a relevant sponsor, P was resident in the United Kingdom or the Islands immediately before the end of the implementation period, or

(ii) in a case where P’s leave was granted on the basis that P is (or was) a joining family member of a relevant sponsor, the relevant sponsor was resident in the United Kingdom or the Islands immediately before the end of the implementation period, and

(e) the residency mentioned in paragraph (d) was not relevant residency.

(3) For the purposes of subsection (2)—

(a) a person is to be treated as a family member of another person if they are treated as the family member of that person by residence scheme immigration rules;

(b) ‘joining family member’ and ‘relevant sponsor’ have the same meaning as in residence scheme immigration rules;

(c) a person is to be treated as resident in the United Kingdom or the Islands immediately before the end of the implementation period even if they were temporarily absent from the United Kingdom or the Islands at that time if their absence was permitted for the purposes of establishing or maintaining eligibility for leave under residence scheme immigration rules;

(d) ‘relevant national’ means a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland.

(4) In this section ‘relevant residency’ means—

(a) residency in accordance with Union law (within the meaning of the withdrawal agreement),

(b) residency in accordance with the EEA Agreement (within the meaning of the EEA EFTA separation agreement), or

(c) residency in accordance with the FMOPA (within the meaning of the Swiss citizens’ rights agreement).

(5) Relevant citizens’ rights—

(a) are capable of accruing and applying to a person to whom this subsection applies notwithstanding that the residency mentioned in subsection (2)(d) was not relevant residency, and

(b) are to be enforced, allowed and followed accordingly.

(6) Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (5).

(7) In this section—

‘EEA EFTA separation agreement’ has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

‘enactment’ has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act);

‘the implementation period’ has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 1A(6) of that Act);

‘the Islands’ means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;

‘residence scheme immigration rules’ has the same meaning as in Part 3 of the European Union (Withdrawal Agreement) Act 2020 (see section 17 of that Act);

‘Swiss citizens’ rights agreement’ has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

‘withdrawal agreement’ has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act).”—(Seema Malhotra.)

This new clause ensures that an EEA or Swiss national or their family member who has immigration leave granted under the EU Settlement Scheme can enforce residency and other rights directly under the withdrawal (or other separation) agreement even if the person, or their family member, was not resident in the UK or the Islands in accordance with Union (or other equivalent) law at the end of the implementation period.

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Duty to publish a strategy on safe and managed routes

“(1) The Secretary of State must, within six months of the passing of this Act, publish a strategy on the Government’s efforts to establish additional safe and legal routes for persons to seek asylum in the United Kingdom.

(2) A report under subsection (1) must be laid before Parliament.”—(Pete Wishart.)

This new clause would require the Secretary of State to publish and lay before Parliament a strategy on the development of safe and managed routes for people to seek asylum in the UK.

Brought up, and read the First time.

[Pete Wishart]

I beg to move, That the clause be read a Second time.

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[Dame Angela Eagle]

He is a eugenicist.

[Sarah Bool]

The Minister says that the professor is a eugenicist, but he actually explained a different relationship. It is important that that is put on record, because it is taking away from his role as emeritus professor for demography.

Border Security, Asylum and Immigration Bill (Tenth sitting)

Angela Eagle Excerpts

Committee stage
Thursday 13th March 2025 Public Bill Committees

[Tom Hayes (Bournemouth East) (Lab)]

I wonder whether the SNP and the Liberal Democrats are experiencing post-traumatic stress disorder, and I mean that in two senses. First, they query whether this Government are committed to international human rights, when they have shown time and again that they are, although I understand that concern, given what has gone before. With this situation—where they are trying to prescribe, in primary legislation, the foreign affairs of this Government and the regularity with which they meet international organisations—I wonder too whether they are experiencing some post-traumatic stress disorder, because they know that the previous Conservative Government resorted to sticking two fingers up at our international partners and international agencies. I hope they will withdraw the new clause because they should feel reassured that this Government have a respect for human rights, international law and working with our international partners and agencies.

[The Minister for Border Security and Asylum (Dame Angela Eagle)]

I hope you, too, enjoyed a long and languid lunch, Dame Siobhain, after the way in which we overshot this morning’s sitting. This group of new clauses introduces requirements, in primary legislation, for the Secretary of State to put in place arrangements for closer co-operation with Europol, which includes seeking the establishment of a joint task force, providing adequate resources for participation in Europol’s anti-trafficking operations and the publication of an annual report.

Very few of us would quibble with what I suspect is the intended output of such clauses, but I would quibble with the means by which the hon. Member for Woking has decided to try to bring it about. He is putting things into a piece of primary legislation, which cannot be easily changed, moved or shifted about, and that creates more issues and less flexibility than what I am sure he is seeking to achieve.

I suspect that, with these clauses, the hon. Gentleman is using the Bill as a hook on which to hang requirements on the Secretary of State, so as to have a debate about how the Government will co-operate with international law enforcement agencies. I do not think he is really saying that we should be doing that in the quite rigid way that his new clauses suggest. I reassure him that we are doing what I think he wants us to do according to the new clauses, but in a much more flexible way that can be changed very quickly because it is not stuck in a piece of primary legislation. I think we also discussed it on day one in Committee.

The UK has a strong relationship with Europol, including significant permanent presence in the agency’s headquarters in The Hague. UK law enforcement agencies already collaborate with international partners through Europol-supported operations. The allocation of resources to that participation is an operational decision for law enforcement agencies, and certainly not one that should be included in primary legislation. There is regular interaction on both operational and strategic matters between Europol, this Government and the Home Office, including at the most senior levels.

As well as working with Europol, the Home Office will continue to work with a range of international bodies—including Frontex and operational work with many of the law enforcement agencies in European countries and beyond, for example—to deliver the Government’s border security objectives. That is because we recognise that border security is not just about one’s own border: quite often weaknesses in others’ borders along the traveller and migratory routes cause weaknesses for us. Indeed, sometimes visa regimes in other countries can cause problems in the UK. For example, the sudden appearance on small boats last year of large numbers of Vietnamese, who clearly had not walked from Vietnam, was caused by changes that had happened to visa requirements in other countries. Those things are interrelated. Fighting organised immigration crime is an interrelated operational, diplomatic and political matter, on which this Government are doing a great deal of work to try to strengthen it and make it more effective.

The UK regularly participates in operational taskforces with EU partners, and it is inappropriate to place on the face of a piece of legislation a statutory requirement to seek to establish a joint taskforce. That would force us to have a joint taskforce, whether or not we wanted one and whether or not it would do any good, thereby, in that case, diverting precious resources where they are not operationally needed.

I hope the hon. Member for Woking understands the points that I am making. The Border Security Commander will provide an annual report to Parliament, setting out their views on the performance of the border security system as it develops. Europol is an individual agency, among many with which UK law enforcement collaborates to achieve the Border Security Commander’s objective. I hope that the hon. Gentleman will accept my comments on his three new clauses in the spirit in which they are intended: we know what he means, but we think that we have a better way of bringing it about in a far more flexible way than through his new clauses. If he accepts that argument, I certainly hope he will withdraw the amendment.

[Mr Forster]

I do not quite get the reasoning that says that we do not need the amendment in order to work with Europol because we already work with Europol. The amendment is about empowering Parliament and making the Executive act, which is what we are keen to do. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 11

Removal of restrictions on asylum seekers engaging in employment

“(1) The Secretary of State must, within six months of the date on which this Act is passed, lay before Parliament a statement of changes in the rules (the ‘immigration rules’) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for asylum applicants to take up employment whilst their application is being determined, if it has been over three months since the application was made, with no decision made.

(2) Employment undertaken pursuant to subsection (1) is subject to the following restrictions—

(a) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included in Appendix Immigration Salary List;

(b) there must be no work in a self-employed capacity; and

(c) there must be no engagement in setting up a business.”—(Mr Forster.)

This new clause would remove the restriction on working for asylum seekers, if it has been over three months since they applied.

Brought up, and read the First time.

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[Pete Wishart]

I am not entirely sure what point the hon. Gentleman is trying to make. I think jobs being available for ordinary Scots is the general thrust of his argument and debate, but I would just challenge him to go and speak to people who are actually working and serving in the care sector—people in the NHS. If he is really interested, he could come to my constituency and speak to those in rural sectors, and in hospitality and catering, who cannot get the people to staff their businesses, which is forcing them to close, or to open part time.

That is the reality of the situation, and here we have, sitting in these hotels, people who could do these tasks and functions. Not only that, but some of them are accountants, doctors and economists. The range of skills available in each of these hotels is quite outstanding. They speak perfectly good English. All of them could do these tasks. I think it is just such a waste that they are doing absolutely nothing other than waiting the months and months—possibly even years—for their applications to be processed by this Government.

I know this Government have improved on what was happening under the Conservatives, but there is still a long way to go before we are anywhere close to an efficient system in which people are having their applications processed readily and quickly. Therefore, I support the new clause; I think it is a good one to bring forward, and I really hope that the Government listen.

[Dame Angela Eagle]

New clause 11, tabled by the hon. Member for Woking, is about giving asylum seekers permission to work in the UK. The hon. Gentleman said that that would cut welfare bills, but he should be clear that those who are awaiting asylum decisions do not have direct recourse to social security, although we do have to spend money ensuring that they are not destitute while their asylum claims are processed.

Clearly, as hon. Friends on the Committee have pointed out, the answer to some of these issues is to recreate a fast, fair and efficient system of dealing with people’s asylum claims, rather than to have backlogs, particularly regarding appeals, which leave people languishing for months—and sometimes well over a year—awaiting asylum decisions.

To that end, it did not help that the Illegal Migration Act was so dysfunctional that it actually banned us from dealing with people’s asylum claims, and meant that this Government inherited a huge backlog of people—a perma-backlog, as I think we have heard during our debates on this Bill.

Clearing through that backlog and dealing with the resultant appeals for those who fail is the Government’s task at the moment, but, looking past the immediate task, my view is that the way to deal with this issue is to recreate a fast, fair and efficient asylum system. That is the first point that I want to make in answer to the hon. Gentleman’s new clause 11.

As the hon. Gentleman probably knows, our current policy allows asylum seekers to work in the UK if their claim has been outstanding for 12 months and the delay was no fault of their own, so there is already capacity to work for those who have been particularly delayed. Those permitted to work in that context are restricted to jobs on the immigration salary list, which is based on expert advice from the independent Migration Advisory Committee—it is usually to do with shortages and the need in the economy at the time.

The policy is designed to protect the resident labour market by prioritising access to employment for British citizens and others who are lawfully resident. Lawful residence is a very important part of the system. That includes, of course, those who have been granted refugee status, who are given full access to the UK labour market. That is in line with those seeking to work in the UK under the points-based system. We consider it crucial to distinguish between those who need protection and those seeking to come here to work, who can apply for a work visa under the immigration rules and come here legally. The UK’s wider immigration policy would be totally undermined if individuals could bypass the work visa rules by lodging asylum claims in the UK. The hon. Gentleman has to understand that context, because it is very important.

Unrestricted access to employment opportunities could act as an incentive for more migrants to come here irregularly on small boats or by whatever means, clandestinely—illegally, without permission to be here—rather than claim asylum in the first safe country they reach. Although I would be the first to admit that pull factors are complex, we cannot ignore that the perception of access to the UK labour market is among the reasons why people take dangerous journeys to the UK. Therefore, opening up the UK labour market to anyone who happens to arrive on the shores, no matter how they arrived, would not help us deal with that issue, and would create incentives for more and more people to chance their arm and come here in dangerous ways.

In addition, removing restrictions to work for asylum seekers could increase the number of unfounded claims for asylum, reducing our capacity to take decision quickly and support genuine refugees. I acknowledge the concerns that the hon. Gentleman raised, but the chaos we inherited from the Conservative party has led to the backlogs that we are trying to deal with at the moment.

We have been clear that individuals who wish to come to the UK must go through safe and legal routes by applying for the visas that are available. Where the reasons for coming to the UK include family or economic considerations, applications should be made via the relevant route so they can be checked and agreed in the usual lawful way—either the points-based system, or reuniting under refugee family or reunion rules. Allowing those who have come here in an irregular fashion to work, as if there were no difference between applying for a legal visa and getting proper permission to come before arriving, would undermine the entire basis of the rules and would create many incentives that no one on this Committee would like to see.

Given that explanation and the fact that we do allow asylum seekers to work when there is a delay of 12 months or more, I hope the hon. Gentleman will withdraw his new clause.

[Mr Forster]

I will start with some examples of best practice from elsewhere. In Australia, most asylum seekers have the right to work straight away, even though it is temporary. In Canada, they can apply for a work permit while their asylum application is being processed. The US allows asylum seekers to work after around six months. From June next year, the EU will require member states to let asylum seekers work after nine months. Some go further—Sweden allow them to work straight away. With a one-year restriction, we are out of kilter with the rest of the western world. That is why the new clause has been tabled. I would appreciate the Minister taking away the question about the last time we reviewed the one-year limit and the restrictions on it. How often is it reviewed? An answer to that would be useful.

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[Dame Angela Eagle]

The new clause—the hon. Member for Woking spoke about it, although I am not sure whether he tabled it—would introduce a new service standard to ensure that the majority of initial decisions on asylum claims are made within three months of a claim being lodged. It is good to make initial decisions, but if we are looking at asylum claims overall, and getting people through them in a fast, fair and efficient way, we also have to think about appeals, and think about such claims from the very start to the very end, rather than just the Home Office part. That is an important thing to consider. The new clause deals with only the first part of that. If one is looking at a system-wide approach, one has to look from the beginning to the end, rather than just at the initial decision in the Home Office.

I thank the hon. Member for the new clause and stress that we are in absolute agreement that it is important that our asylum process is fair, efficient, as fast as possible, consistent with fairness, and robust. We are committed to ensuring that asylum claims are considered without unnecessary delay. Delays are not always our fault, but they sometimes have been in the past. We are committed to ensuring that those who need protection are granted asylum as soon as possible so that they can start to integrate, rebuild their lives and contribute to our society in the way we all want to see happen. As such, I assure him that we are already taking important steps to achieve that.

The Government restarted processing thousands of asylum claims that were stuck in the perma-backlog that we inherited when we came into office, and we are clearing those at pace, making initial asylum decisions. We are also delivering a major uplift in removals when people fail and have no right to be in the UK; there were 19,000 removals between when we came into office on 4 July last year and the end of January.

The Government continue to restore order to the immigration system so that every part—border security, case processing, appeals and returns—operates fairly and swiftly. By transforming the asylum system, we will clear the backlog of claims and appeals, and that work is ongoing. We have taken action to speed up asylum processing while maintaining the integrity of the system, including simplifying guidance, streamlining processes, developing existing and new technology to build on improvements such as digital interviewing, and moving away from a paper-based system.

We have also changed the law to remove the retrospective application of the Illegal Migration Act 2023, which created the perma-backlog that we had to deal with when we came into Government. That allows decision makers to decide asylum claims from individuals who have arrived in the UK from 7 March 2023, with claims to be considered against the existing legislative regime under the Nationality and Borders Act 2022, which caused much of the previous delay.

I hope that the hon. Member for Woking agrees that the work that we have put in place is starting to have a real impact. I have considerable sympathy with what he is saying in the new clause, but I hope that we will be able to get to a fast, fair and efficient system with the reforms that we are making now, rather than with the new clause.

[Mr Forster]

An Opposition Member and a Minister are not normally meant to agree this much, but I think we do. We probably will not vote the same way, but we generally agree. Last year, there was an asylum seeker who had waited 16 years for a decision on their claim. At the same time, there were 19 people waiting 10 years or more for a decision. That is how broken the system is, and I do not envy the Minister her job. The new clause would support the Government’s work, and I hope that Members will support it.

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

--- Later in debate ---

[Pete Wishart]

I rise in support of the new clauses, particularly new clause 18. There have been a number of references to ECAT throughout our proceedings. New clause 18 would give clarity and ensure that we are properly engaged in all the provisions of ECAT. It is designed to ensure that those caught up in human trafficking are protected, and that Governments do everything they possibly can to ensure that people are cared for and looked after. I fully support this important new clause.

[Dame Angela Eagle]

I think everybody in this Committee—I am being very generous—thinks that it is important to protect the victims of modern slavery, and we have legislation in our country to try to ensure that that happens. We also signed the Council of Europe convention on action against trafficking in human beings, and this country complies with the obligations under it.

The intention behind new clause 18 is to incorporate the convention into UK law, but UK compliance is already achieved by a combination of measures in domestic legislation, such as the Modern Slavery Act 2015 and the Nationality and Borders Act, the criminal justice system and the processes set out in the modern slavery statutory guidance for identifying and supporting victims of slavery and trafficking. Implementation and compliance with those obligations does not require full incorporation into UK law, and therefore the amendment is not required. It will not really add a lot.

On new clause 19, the Modern Slavery Act provides certain named public bodies in England and Wales with a statutory duty to notify the Secretary of State when that body has reasonable grounds to believe that a person may be a victim of slavery or human trafficking. The information provided for that notification enables the UK to fulfil its obligations to identify and support victims of slavery and trafficking. The duty to notify is discharged for adults by making a referral into the national referral mechanism where the adult consents to enter the mechanism, or by completing an anonymous entry to that mechanism on the digital system where the adult does not consent. The information provided via the digital system is used to build a better picture of modern slavery in England and Wales and helps to improve the law enforcement response, so it is important that that information is collected.

The information does not include that which identifies the person, either by itself or in combination with other information, unless the person consents to the inclusion of the information. So that information can be put in there anonymously. Child victims do not need to consent to enter the national referral mechanism. As such, the national referral mechanism discharges the duty to notify.

If a person is identified in the national referral mechanism as a potential victim of modern slavery or trafficking, they are eligible for a recovery period during which they are protected from removal from the UK if they are a foreign national and are eligible for support, unless they are disqualified on the grounds of public order or bad faith. Bad faith refers to lying about one’s circumstances, and public order refers to an individual who could be a danger to society. We have had some discussion about that with respect to section 29 of the Illegal Migration Act, which the Government have decided to retain but have not yet commenced. I think we also discussed section 63 of the Nationality and Borders Act.

When we came into government, the national referral mechanism decision-making process was in disarray, with a huge backlog. We ensured that 200 more caseworkers were allocated to deal with the backlog, and there has been a great deal of very good progress in getting that backlog down. The Minister for Safeguarding, my hon. Friend for Birmingham Yardley (Jess Phillips), is particularly concentrating on getting the national referral mechanism back on track as part of the battle against modern slavery.

With those responses, I hope that the hon. Member for Woking will withdraw the new clause.

[Mr Forster]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 20

Humanitarian travel permit

“(1) On an application by a person (‘P’) to the appropriate decision-maker for entry clearance, the appropriate decision-maker must grant P entry clearance if satisfied that P is a relevant person.

(2) For the purposes of subsection (1), P is a relevant person if—

(a) P intends to make a protection claim in the United Kingdom;

(b) P’s protection claim, if made in the United Kingdom, would have a realistic prospect of success; and

(c) there are serious and compelling reasons why P’s protection claim should be considered in the United Kingdom.

(3) For the purposes of subsection (2)(c), in deciding whether there are such reasons why P’s protection claim should be considered in the United Kingdom, the appropriate decision-maker must take into account—

(a) the extent of the risk that P will suffer persecution or serious harm if entry clearance is not granted;

(b) the strength of P’s family and other ties to the United Kingdom;

(c) P’s mental and physical health and any particular vulnerabilities that P has; and

(d) any other matter that the decision-maker thinks relevant.

(4) For the purposes of an application under subsection (1), the appropriate decision-maker must waive any of the requirements in subsection (5) if satisfied that P cannot reasonably be expected to comply with them.

(5) The requirements are—

(a) any requirement prescribed (whether by immigration rules or otherwise) under section 50 of the Immigration, Asylum and Nationality Act 2006; and

(b) any requirement prescribed by regulations made under section 5, 6, 7 or 8 of the UK Borders Act 2007 (biometric registration).

(6) No fee may be charged for the making of an application under subsection (1).

(7) An entry clearance granted pursuant to subsection (1) has effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order.

(8) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under subsection (7), that person is deemed to have made a protection claim in the United Kingdom.

(9) For the purposes of this section—

(a) ‘appropriate decision making’ means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph (1);

(b) ‘entry clearance’ has the same meaning as in section 33(1) of the Immigration Act 1971;

(c) ‘protection claim’, in relation to a person, means a claim that to remove them from or require them to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—

(i) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention (‘the Refugee Convention’);

(ii) in relation to persons entitled to a grant of humanitarian protection; or

(iii) under Article 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 (‘the European Convention on Human Rights’);

(d) ‘persecution’ is defined in accordance the Refugee Convention; and

(e) ‘serious harm’ means treatment that, if it occurred within the jurisdiction of the United Kingdom, would be contrary to the United Kingdom’s obligations under Article 2 or 3 of the European Convention on Human Rights (irrespective of where it will actually occur).”—(Mr Forster.)

This new clause would create a new “humanitarian travel permit”.

Brought up, and read the First time.