Safety of Rwanda (Asylum and Immigration) Bill

Edward Leigh Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

As usual, the right hon. Member for East Antrim (Sammy Wilson) talks a lot of good sense.

I am uniquely badly affected in my constituency. As a result of our inability to control illegal migration, the Government want to put 2,000 illegal migrants into RAF Scampton, which our local social services simply cannot cope with, and would probably atrophy £300 million-worth of investments. My constituents are not focused on whether we have Rwanda or not Rwanda; they just want the boats to be stopped, or at least severely mitigated. We have heard many criticisms and good knockabout stuff from the Opposition, but the only solutions that anybody in the world has come up with to stop illegal migration are either with pushback, which is uniquely difficult in the channel, or with offshoring, and nothing works. Therefore we have to do something.

The world is in such a parlous state that there is no end to the misery and the number of people who want to come here. I hear that we should speed up asylum applications. That is all very well, but the more we speed them up, the more people will come. I hear that we should do more on the beaches of France. I understand that—I do not understand why the French cannot do more—but that will not stop them. The only thing that will work is what the Government are trying to do.

It is all so unfair. This morning, I mentioned the case of Maira Shahbaz, who was raped and abducted in Pakistan, and who is still waiting to get here. She is a genuine asylum seeker. So many genuine asylum seekers cannot get here, because illegal migrants are abusing the system. There is nothing wrong with them individually; they are all nice young men who just want a job. However, if somebody breaks into your house and decides to steal your stuff, the police turn up, remove them and arrest them. We are in an absurd situation where people are entering this country illegally. Run by criminal gangs, they are jumping the queue, putting their lives at risk, and we are doing nothing about it. The public are just appalled. They cannot understand what is going on. They do not understand why we are putting people up in comfortable hotels, or in comfortable former airmen’s rooms. They do not know what is going on. They are paying for all of this and they want it to stop.

I hear all these different groups in the Conservative party. A House divided is a House that will be destroyed. We must work together; there is no other solution. I hear all the different voices that are going on, so I will just say that the Society of Conservative Lawyers and the Policy Exchange—not left-wing groups—think that this Bill will work. The Government think that it will work. The ERG has some doubts, but we have to work together to try to get this Bill through. Let us get it through Parliament as quickly as possible, get it through the Lords and try to stop the boats.

We can legislate all we want to ignore the ECHR, including rule 39 interim measures, but even if we did so, we would very soon face a final judgment from the Strasbourg Court, by which everyone agrees we would be bound. That is the legal situation. The only way that we can remove the Strasbourg Court is by leaving the ECHR. That may well happen, but the Government do not have a mandate to do so at the moment. They cannot get it through Parliament; it is a matter, I suspect, for the next manifesto. Meanwhile, this Bill probably goes just about as far as we can go. I am sorry, but we must be realistic: this is all we can get through Parliament.

As both the Society of Conservative Lawyers and Policy Exchange have said, a Bill would not be workable if it did not allow for narrow claims for individual circumstances. Even the report of the ERG’s star chamber seems to accept that there should be some possibility of claims in cases of bad faith. The key question is whether our system can process and dismiss those spurious claims quickly enough. Under the arrangements we have for removal to Albania, illegal migrants have even wider avenues for claims, but they have still led to a 90% fall in small boats arrivals from Albania.

The Bill is roughly in the right ballpark, but I hope that before the Committee stage the Government will consider whether clause 4 can be tightened further and whether they can share further evidence of the ability to process and deal with spurious claims. It is a question of will. In 1939, when we were facing a world war and a crisis, overnight we exported—

[Karl Turner (Kingston upon Hull East) (Lab)]

Will the hon. Gentleman give way?

[Sir Edward Leigh]

I will give way very quickly, yes.

[Karl Turner]

What does the hon. Gentleman think of the reciprocal arrangement for the Rwandan Government to send asylum seekers to this country?

[Sir Edward Leigh]

Of course none of us like any of that, but we have to get the Bill past the courts. We have to get it through Parliament. We have to be realistic. The Supreme Court has opined that there is a risk—I would say a vanishingly small one—that failed asylum seekers might be sent back to Iraq or Syria. Therefore, in order to get the Bill through Parliament and past the Supreme Court, the Government have had to make that concession. We do not like it, but that is the real world.

Politics is about reality. Therefore, this Bill must go through and be dealt with as quickly as possible. The onus on the Government now is to ensure that we can speed up the removal cases. It would be ludicrous if many hundreds of migrants, having come here illegally, were allowed to delay matters for up to a year by going to a tribunal, the High Court, the Court of Appeal or the Supreme Court. The whole scheme will be bogged down and we will look completely ridiculous as a Government.

In order to survive and have a hope of winning the general election, the Government must also sort out the problem of legal migration. We cannot have a situation where 700,000 people are pouring into this country every year. We must pay care staff a proper salary so that we can get more of our own people working in that sector. We must deal with illegal migration, deal with legal migration and, by the way, build some more houses for our own people.

If we start working together as a party, if we stop making personal attacks on each other, if we stop questioning one another’s good faith, the Conservative party has a chance—because what has Labour got to offer? No solutions at all. If Labour gets into power it will never sort out this problem. The only hope is this Government and this Conservative party.

Legal Migration

Edward Leigh Excerpts

Monday 4th December 2023 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

I congratulate the Government on taking a thoroughly common-sense view in raising the threshold to £38,000—and I say that as a senior citizen member of the New Conservatives—but the Home Secretary said in his statement:

“Those coming on health and social care visa routes will be exempt, so we can continue to bring in the healthcare workers on which our care sector and NHS rely.”

What does that phrase mean? Will such action not drive a coach and horses through this measure? Surely the solution is for the care sector to pay proper wages.

[James Cleverly]

We have recognised the recruitment challenge for domestic workers in the health and social care system, and we have made it clear on a number of occasions that we will not allow those extremely important public services, on which we rely, to be without the staff that they need. What we want to do is bring in the people who are employed in those sectors, but not the dependants whom they have typically brought with them. That will enable us to lower the headline numbers, which we have committed ourselves to doing, while protecting the health and social care sector, which we have also committed ourselves to doing.

Net Migration Figures

Edward Leigh Excerpts

Tuesday 28th November 2023 Commons Chamber

[Robert Jenrick]

The right hon. Gentleman obviously missed our announcement earlier in the year where we added various fishing occupations to the shortage occupation list. That was as a result of a very helpful meeting I had with other colleagues from across the House, which he did not come to.

[Sir Edward Leigh (Gainsborough) (Con)]

The Minister will know that some of us have been banging on about this ever since he took office, saying that we should increase the level of work visas to average UK earnings. We have not done that because Ministers are worried that the care home sector will fall over, but if we did insist on people coming to this country earning a proper wage, would there not be a sort of virtuous circle? The care home sector would have to pay proper wages—after all, what is more important than looking after our elderly population?—and we could get more people off benefits because there would be decent jobs for them to go to. It is ridiculous that the care home sector is handing out visas like sweeties and employing people, for starvation wages of £20,000 a year, from all over the world. So, more power to the Minister’s elbow. We know he is on the right side. He just has to persuade the Prime Minister now.

[Robert Jenrick]

I am grateful to my right hon. Friend and agree with everything he says. It is absolutely critical that we get a handle on this issue. The points he makes about social care are entirely valid. It is not sensible that our social care sector is reliant on importing foreign labour from overseas, including their dependants who then have to be housed, have access to public services and be supported on the NHS. We need to take a more sensible, sustainable attitude to how we pay and look after people in such an important career.

Illegal Immigration

Edward Leigh Excerpts

Wednesday 15th November 2023 Commons Chamber

[James Cleverly]

I thank the hon. Gentleman. I will take the opportunity to go back to my old school and get their congratulations directly at some point. Of course, I will let the hon. Gentleman know that I will be treading on his hallowed turf.

The hon. Gentleman invites me to be distracted, but I refuse to be distracted: I will focus on what we need to do to achieve this policy. In their judgment, their lordships set out the route to operationalising the Rwanda plan, and I will focus on what they have told us will resolve the sticking points. There was much in the judgment to be welcomed, including all the elements about the fundamental soundness of the policy. We will focus on the thing that will unlock the operationalisation of the plan.

[Sir Edward Leigh (Gainsborough) (Con)]

How long will the Rwanda treaty take to get through? How long will it take to have the court case and the judgment, and have the whole thing crawled over again by human rights lawyers? Meanwhile, my right hon. Friend is a victim of our failure to stop the boats: he has Wethersfield in his constituency, as I have RAF Scampton in mine. He is a thoroughly nice chap, and I think that he feels my pain. Therefore, once the court case over Scampton is decided in the next week or two, whatever the result, will he meet me so that we can work together to get up to £300 million-worth of levelling up at Scampton?

[James Cleverly]

I am always delighted to meet my right hon. Friend. He will know, of course, that I am now in a position where I have to be careful about the commitments I make, certainly about RAF Wethersfield. I do not intend to abuse my position as Home Secretary, but I am absolutely committed to driving down the need for RAF Scampton and RAF Wethersfield, just as we have driven down the need for hotel accommodation. I am absolutely committed to that, but of course I will meet my right hon. Friend.

Oral Answers to Questions

Edward Leigh Excerpts

Monday 18th September 2023 Commons Chamber

[Suella Braverman]

The safety and wellbeing of asylum seekers in our care is of paramount importance at the Home Office. We expect high standards from all our providers, and we have robust governance frameworks in place to manage the service delivery of asylum accommodation. What we definitely do not do, and do not propose to do, is willingly accept thousands more illegal migrants into the UK from the EU, housed presumably in more hotels across the country, as Labour is proposing. I campaigned for Brexit to take back control of our borders, not for Labour to surrender our sovereignty to the EU.

[Sir Edward Leigh (Gainsborough) (Con)]

One of the justifications for using service accommodation such as RAF Scampton was that it was supposed to be cheaper, but we now know the figures: it is more expensive over two years, and over three years the savings are absolutely derisory. The figures are, frankly, being fiddled by overcapitalising the value of the base, and are not based on surveys. The Home Secretary’s officials are now ripping out services. The council has issued a stop order on it. I give notice that I will report the Home Office to the Comptroller and Auditor General for misapplying and wasting public money, because using the base will cost more than hotels. The base is Crown land, so the local authority cannot enter it. Does she accept that she would be acting illegally and is liable to be sued if her officials disobey the stop order?

[Suella Braverman]

I have had several discussions with my right hon. Friend about the proposed asylum accommodation at Scampton. I thank him for his very energetic campaigning on behalf of his constituents. I very much appreciate the challenges that this nationwide mission poses for us all. I do not agree with his assessment; we have assessed the proposal at Scampton to be value for money. Ultimately, it is not right that we continue to house tens of thousands of migrants in hotels, in towns and cities across the country, costing the taxpayer £6 million a day. That is why our work to roll out large sites is moving swiftly, and we propose to move asylum seekers on to them as soon as possible.

Illegal Migration Update

Edward Leigh Excerpts

Tuesday 5th September 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. This is a very important statement, but we have the remaining stages of the Energy Bill later, which is not protected time. Many people wish to speak, so I urge colleagues to ask one short question of the Minister on matters for which he has responsibility, as opposed to matters for which he might not, so that he is able to give quick answers. Leading the way will be Sir Edward Leigh.

[Sir Edward Leigh (Gainsborough) (Con)]

When the Prime Minister announced that he was imperilling £300 million- worth of levelling-up investment on RAF Scampton, he said he was going to lead by example by accepting migrants into Catterick camp in his constituency. Home Office officials have now informed us that that is not happening, so where is the leadership in that?

It gets worse. I was informed by West Lindsey District Council that, despite being told that the scheme was value for money and will have to be available for three years not two, the value for money is infinitesimal compared with hotels—it will not even save money for a few days on hotels. Will the Minister now drop this ridiculous scheme, which is derisory and will do nothing for deterrence, and sit down with me and West Lindsey District Council to work out a discreet location for illegal migrants in West Lindsey?

[Robert Jenrick]

I am grateful to my right hon. Friend for his question and our continued co-operation. We believe that this policy is in the national interest. It is right that those coming to this country are accommodated in decent but never luxurious accommodation, so that we do not create a pull factor to the UK. It is through delivering sites such as Scampton—which I appreciate have a serious impact on his constituents—that later this year I hope we will begin to close hotels in earnest and return those facilities to the general public for tourism, business and leisure, which I know is supported by Members across the House.

Illegal Migration Bill

Edward Leigh Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Robert Jenrick]

I strongly endorse my hon. Friend’s comments. This is an issue of the highest importance to the people we serve in this place. Of course there is a legitimate role for the other place in scrutinising legislation, but now is the time to move forward and pass this law to enable us to stop the boats.

[Sir Edward Leigh (Gainsborough) (Con)]

I wonder whether my right hon. Friend has noted the remarks of Lord Clarke, who is not a particularly vicious right-wing creature. He said this Bill is entirely necessary and that we have to get on with it.

I also wonder whether my right hon. Friend has looked at today’s remarks by Lord Heseltine.

Lord Clarke and Lord Heseltine seem to have come up with a sensible option. We should go ahead with this Bill. We have to have much better European co-operation and, really, we have to build a wall around Europe. [Interruption.] And we have to do much more—this is what the Opposition might like—in terms of a Marshall plan to try to remove the conditions of sheer misery that cause people to want to leave these countries in the first place.

[Robert Jenrick]

I read the remarks of the noble Lord Clarke, and I entirely agree with his point, which is that, having listened to the totality of the debate in the House of Lords, he had not heard a single credible alternative to the Government’s plan. For that reason alone, it is important to support the Government.

I also agree with Lord Clarke’s broader point that this policy should not be the totality of our response to this challenge. Deterrence is an essential part of the plan, but we also need to work closely with our partners in Europe and further upstream. One initiative that the Prime Minister, the Home Secretary and I have sought to pursue in recent months is to ensure that the United Kingdom is a strategic partner to each and every country that shares our determination to tackle this issue, from Turkey and Tunisia to France and Belgium.

--- Later in debate ---

[Sir Edward Leigh]

Presumably it is the hon. Gentleman’s most devout hope if he takes power in 15 months’ time, but charming as he is, it is a mystery to me why he thinks when he asks President Macron to take these people back, he will do so. Of course he won’t! Nothing will happen. May I gently suggest that, if there is a Labour Government, they will quietly adopt this Bill once it is an Act?

[Stephen Kinnock]

I will come to that in my comments, but as the right hon. Gentleman will know, any negotiation requires give and take, quid pro quo. As I said in response to one of his hon. Friends, to get that deal with the European Union we of course have to do our bit and take our fair share, and that will be the negotiation that my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) will be leading on when he becomes Prime Minister of the United Kingdom, following the next general election.

We are determined that the National Crime Agency will be strengthened so that it can tackle the criminal gangs upstream. Too much focus by this Government has been on slashing tents and puncturing dinghies along the French coastline, whereas Labour has set out its plan for an elite unit in the NCA to work directly with Europol and Interpol. The latest amendment from Lord Coaker, Lords amendment 103B, attempts to strengthen the NCA’s authority, and we support it without reservation. We are also clear that there is a direct link between gaining the returns agreement that we desperately need with the EU, and creating controlled and managed pathways to asylum, which would allow genuine refugees to reach the UK safely, particularly if they have family here. Conservative Members refuse to make that connection, but we know it is in the interests of the EU and France to strike a returns deal with the UK, and dissuade the tens of thousands of asylum seekers who are flowing through Europe and ending up on the beaches of Calais. The EU and its member states will never do a deal with the UK unless it is based on a give-and-take arrangement, whereby every country involved does its bit and shares responsibility.

--- Later in debate ---

The question of safe and legal routes is again a classic example of the Government saying to us that we can have jam tomorrow but not today. How is it that the high politics have to be in the Bill but the actual practical workable solutions, which will, to borrow the Minister’s three-word slogan, actually “stop the boats”, are somehow too difficult? They always have to be left—not because they are practically or administratively too difficult but because they do not fit the unpleasant political rhetoric and narrative on which the Government rely to speak to a base that, frankly, should be confronted and not appeased. That is why my party will vote against the Government motions to disagree and we urge their lordships to stick to their guns.

[Sir Edward Leigh]

The Minister can relax; I am not going to bang on about RAF Scampton—not least because I have put in for the Adjournment debate on Thursday when I can deal with it in more detail. I just ask the House to accept that my constituents are, more than any others in the country, victims of this farce—this debacle—of trying to house 2,000 people in one place. That is not good for the people and it will overwhelm our social services.

There is now an argument to be had about the future of the House of Lords. There is no point in our having these endless debates about whether it should be elected or not. It should be a proper revising Chamber. When it is given a Bill such as this, its attitude should be, “How can we improve it? How can we make it work better? How can we remove these legal glitches, which will have unintended consequences?” It seems to me that so much of the debate in the House of Lords and so many of the amendments have just been designed to drive a coach and horses through the Bill and to give human rights lawyers even greater chances to develop ever more legal arguments to stop anybody from being deported.

I have some sympathy with what the right hon. Member for Orkney and Shetland (Mr Carmichael) said. What is a bit of a mystery to me is that we went through this whole process last year. We had the ping-pong on the Nationality and Borders Bill. We got it through Parliament and were told that it would solve the problem—but we still have the same problem. I prophesise that, actually, this Bill will become law. The Labour party does not want to set a precedent for the unelected House of Lords to block legislation, so it will give in and the House of Lords will deliver the Bill. It will become an Act of Parliament, and I have a horrible feeling that, this time next year, we will be in exactly the same position. Can we rely on the Supreme Court to agree that people should be deported to Rwanda?

What are we going to do? Is it crueller to detain people as soon as they arrive or to do nothing and have a tragedy in the channel? Is it cruel to continue letting people smugglers get away with what they want? Of course, I have enormous sympathy with what my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) says about children, but the trouble is that so many of these people who claim to be children are not children—they have to be assessed. One of the problems we face at Scampton is that there are so many of these people, 20% of the population coming into the camp, which means there will have to be an army of social workers to determine whether they are children.

I have enormous sympathy for persecuted LGBT people, but the truth is that the moment we create an exception saying that we cannot deport a person to an African country with a dodgy record on LGBT, everyone will claim to be LGBT—of course they will. I would do the same. If I were coming from Iraq, I would say I am a Christian. If I were coming from Syria, I would say I am gay. This is the problem we face. Every time we try to do anything, human rights lawyers drive a coach and horses through all our efforts.

So what are we going to do? I have said for two or three years now that the only solution—I suspect the Government will be dragged into this within a year—is to have a derogation, if necessary a temporary derogation during a national crisis, from the refugee convention, which prevents us from detaining people who claim to be asylum seekers. We will also have to have a derogation from the European convention on human rights.

I am a member of the Council of Europe, and I value the work of the Council of Europe, but the European Court of Human Rights is not a supreme court like our Supreme Court. It is not a supreme court like the American Supreme Court. It is a fundamentally political body, appointed on political grounds.

Until we have freedom of manoeuvre to have a real deterrent that tells the world, “If you land illegally on our shores, you will be detained and, ultimately, you will either have to go back where you came from or be deported,” we will never stop this problem. It is all right for the Labour party to talk about safe and legal routes, and about what it will try to do, but we all know that that did not work for the Dublin convention and it will not work if Labour takes power. President Macron will not suddenly change his mind. He will not take anyone back. We will be in this exact position in 15 months’ time if there is a Labour Government, and I predict that, if there is a Labour Government, they will simply leave this Act on the statute book pretty well unamended.

My constituency is a victim of all this, so what is the House going to do? This is utterly debilitating. We cannot go on like this. Please, can we have a plan?

[Caroline Lucas]

It is sadly not a pleasure to follow the right hon. Member for Gainsborough (Sir Edward Leigh). Talking about leaving or having derogations from human rights law is exactly what is wrong with the Government’s approach to this issue and what is wrong with this vile Bill.

With overwhelming support from across the political spectrum, and backed by Conservative peers and by religious leaders, including the Archbishop of Canterbury, the other place is absolutely right to have inflicted a string of defeats on this vile, illegal Bill.

Lords amendment 1B, in the name of Baroness Chakrabarti, should be easy for any decent Government to accept, because it simply asks for compliance with the rule of law, which is the bedrock of our democracy. But the Government are attacking that foundation, forced to admit on the face of this immoral Bill that they are unable to say it is compatible with the 1950 European convention on human rights. By moving a motion to disagree to Lords amendment 1B, the Government are seeking to deny UK judges the right to interpret this law and to check it against compliance with the UK’s obligations under no fewer than five international conventions that we should be defending, not undermining.

The Minister in the other place tried to argue that a previous version of this amendment was trying to incorporate international law into domestic law and that, in doing so, it was an unacceptable change to our legal framework. I do not think that that is what the previous version did, but, for the avoidance of doubt, in this version Lords amendment 1B is explicit in calling for the interpretation of international law to ensure compliance with our international obligations. Indeed, Ministers will be aware of the contribution from Lord Hope, who served as deputy president of the Supreme Court and last week said that this amendment is a

“pure interpretation provision…entirely consistent with the way the courts approach these various conventions….it is entirely orthodox and consistent with principle.”—[Official Report, House of Lords, 12 July 2023; Vol. 831, c. 1817.]

Adhering to the refugee convention, the European convention on human rights, and other international laws we have signed up to should be non-negotiable. What a terrible state of affairs it is that the Government want to vote down an amendment seeking compliance with the rule of law.

The Government’s argument is that stripping vulnerable people of asylum and other human rights will stop other vulnerable people falling into the hands of the people traffickers. That is both morally bankrupt and utterly bogus. It is morally bankrupt because human rights are not earned or contingent on a person’s conduct or character, or on whether upholding those rights might affect someone else’s actions. Human rights are attached to a person by virtue of their humanity. Vulnerable people, including children, are being punished because of presumed future actions of adults. Furthermore, by disagreeing with Lords amendment 1B, Ministers face the charge of hypocrisy, as they disrespect international law and undermine migrants’ rights at a time of unprecedented international turmoil. Just last week, the Prime Minister was at a NATO summit absolutely saying that we need to uphold international law against the grotesque breaches by Putin in Ukraine. Yes, we do need to do that, but let us have a little moral consistency.

As well as being immoral, the Government’s argument about a deterrent effect is bogus and unevidenced. The Home Office’s own impact assessment, published just last month, is peppered with caveats about how undeliverable this policy is. It includes an admission that:

“The delivery plan is still being developed.”

The lack of evidence on deterrence in that document is glaring. It says that the Bill is “novel and untested”, so we do not know what impact it will have on deterrence. As I said earlier, a raft of children’s charities have pointed out that once routine child detention was ended in 2011, there was no proportional increase in children claiming asylum. Beyond that, there is a strong evidence to show that it is the precisely the hostility towards refuges exemplified by this Bill and the Government’s rejection of Lords amendments to it that fuels the grim and terrible trade in small boats that they claim they are against.

So any Member who votes to block the Lords amendments should admit that in doing so, they degrade the rule of law, dehumanise vulnerable refugees, attack our modern slavery laws, put LGBT refugees at grave risk, and that their approach will lead to the unconscionable mass detention and treatment of children, with no stated time limit to that detention—it is sickening. I will be voting to uphold the Lords amendments, because this Bill shames and degrades our country, our democracy and this House.

Illegal Migration Bill

Edward Leigh Excerpts

Tuesday 11th July 2023 Commons Chamber

[Tim Loughton]

The paramount piece of legislation in this country is the Children Act 1989. We should be proud of it, as it is copied and envied the world over. That is how we in this country look after children who need the protection of the state for an assortment of reasons. In my book, the Children Act—I always carry it with me, and i have it here today—usually trumps everything else.

[Sir Edward Leigh (Gainsborough) (Con)]

Will my hon. Friend give way?

[Tim Loughton]

I will, but I do not want to take too many interventions, because many others wish to speak.

[Sir Edward Leigh]

We know from the people who arrive in hotels that perhaps 20% of the migrants will be children—or say they are children. We know that that will be the case among those who arrive at RAF Scampton. As the Government are talking about 2,000 people coming here, we may need 40 or 50 social workers, which we cannot afford in Lincolnshire. We do not have the resources to look after these people properly, to assess them, to work out whether they are children and to decide how they are going to be looked after. Is my hon. Friend not making the point that it is much better to disperse people rather than to shove 2,000 illegal migrants in one place?

[Tim Loughton]

My right hon. Friend has ingeniously inserted into this debate his particular constituency interest, of which, I think, the entire House and the entire world is aware, and I have some sympathy with him. I agree that there is a problem with dispersal. The dispersal system is not operating properly in this country, which is why Kent in particular, which is at the forefront, has seen more than 600 children come through already this year, of whom many are still within the care of Kent. One local authority cannot be expected to deal with that; we need a better dispersal system, whereby the support services, as well as the fabric, are able to accommodate these children.

There is a specific problem with adults impersonating children. The Home Office’s own figures say that something like 47% of age-disputed children turn out to be adults, which means that 53%, a small majority, turn out to be actual children, although it has not published the evidence for those findings. The JCHR report quotes the Helen Bamber Foundation survey of 2022, which stated that 70 local authorities had had 1,386 young people referred to them, of whom 63%—almost two thirds—were found to be children.

It is really important to have effective and accurate age assessments, and it is really important to do them quickly. The Government assured me that they were bringing forward age assessments. They take, on average, six weeks—I do not know why they take six weeks; it should not take that long to do a Merton assessment and, potentially, some X-ray medical interventions as well. The Government need to speed up that process. If a child is wrongly assessed as an adult and deported, that cannot be corrected.

We have problems with hotels and missing children—I recognise that. We have problems with children potentially going underground as they approach their 18th birthday, as they may well be transported out of the country under the Bill. We have problems with 16 or 17-year-olds, or those purporting to be 16 or 17-year-olds, absconding if they are not in the secure estate. These are the complex problems that the Government have to face.

We also have a problem with the existing law, as there is just 24 hours to detain children for the purposes of transporting them out, which is not enough. We therefore have a lot of problems. However, Government amendment (a) to clause 12 in lieu of Lords amendments 31, 35 and 36 leaves clause 10, which had a lot of Henry VIII powers leaving decisions up to the Secretary of State, largely untouched. The Government’s amendment in lieu retains the position that bail cannot be granted for 28 days to those who fall within the Bill’s scheme. It retains that position for unaccompanied children too where they are being detained pending a decision to grant leave, limited leave as an unaccompanied child, discretionary leave or leave as a trafficking victim.

That means that for the purposes of initial processing, unaccompanied children will be in exactly the same position as anyone else who falls within the Bill’s scheme, that is, there is no statutory limit on their detention and they cannot be granted bail before 28 days. Unaccompanied child arrivals are to be treated the same way as adult arrivals in terms of their detention for initial processing, and the amendment provides nothing for unaccompanied children detained for that purpose. It would only allow for potential bail of an unaccompanied child who has been detained pending a decision to remove them or pending their removal, where the Government are using their discretionary power under clause 3(2) to remove an unaccompanied child while they are still under 18.

In those circumstances, which the Government contend will be the minority of cases, the unaccompanied child will, with this amendment, now have the opportunity of being granted bail after being detained for eight days. Whether in practice the child could apply for bail after day eight would depend on multiple factors, one key factor being whether the unaccompanied child had been transferred to local authority care and subsequently detained prior to removal, or had only ever been detained since arrival in the UK.

Other factors impacting whether bail is obtainable in practice would include where the child was detained, whether any outside services reached the child in detention, whether such services could refer to a lawyer with the capacity to take on the bail case in light of the failure of the legal aid market and legal aid advice, and whether the child has the capacity to instruct a lawyer. There are strong reasons to doubt whether the possibility of bail after day eight would necessarily lead to many, if any, unaccompanied children being released from detention in practice.

There is a currently nothing on the face of the detention clauses about age disputes, which I was assured there would be. There are no additional safeguards for them on the face of the Bill at all. A putative child who is treated as an adult would only be able to get bail after 28 days in line with the Bill’s detention scheme. Much of what I say is on the advice of Coram, which is highly respected for how it looks after unaccompanied child asylum seekers.

Oral Answers to Questions

Edward Leigh Excerpts

Monday 3rd July 2023 Commons Chamber

[Robert Jenrick]

My hon. Friend makes an important point. The Home Secretary, the Prime Minister and I explicitly chose not to pursue the blanket amnesty approach that the previous Labour Government pursued. Instead, we put in the hard yards to improve productivity by streamlining processes, reducing unnecessary bureaucracy, ensuring that, where appropriate, interviews were conducted in a timely fashion, and recruiting more decision makers. Since my right hon. Friend the Home Secretary appeared before the Committee, I am pleased to say that the data coming out of our caseworking team is very strong. We are seeing significant progress. As I just said, early indication suggests that last week was the best for over four years.

[Sir Edward Leigh (Gainsborough) (Con)]

I am a bit mystified. Given that 95% of these applications are successful, is it not the case that, if we speed up the process and make it easier and easier, more and more people will come? Is not the only solution to detain people and to deport them—offshore them? Those who suggest anything else are living in cloud cuckoo land and every single county will face what we face in Lincolnshire with thousands of illegal migrants having to be housed in unsuitable places. Let us have an answer for once.

[Robert Jenrick]

The approach that the Home Secretary and I have taken has been both to ensure that, where there are high grant rate nationalities, cases are pursued swiftly, and where there are low grant rate nationalities, such as Albanians—individuals from a safe European country—who can and should be returned as quickly as possible, we do just that. At this point last year, 30% of those arriving on small boats were coming from Albania; today, it is less than 2%. That arrangement is clearly making good progress. None the less, my right hon. Friend makes an important point: those who suggest that we can simply grant our way out of this problem are, I am afraid, hopelessly naive. The idea that the individuals coming across on small boats will, in most cases, make a significant net contribution to our economy is wrong. The costs to the taxpayer are very significant. The ongoing costs of education, access to welfare and community cohesion are very significant, which is why we need to stop the boats in the first place.

Migration and Economic Development Partnership

Edward Leigh Excerpts

Thursday 29th June 2023 Commons Chamber

[Suella Braverman]

As the hon. Gentleman can imagine, I disagree with pretty much everything he has just said. In particular, I want to make it clear that I have the utmost respect for the Court of Appeal. Senior judges considered this appeal in the right and proper manner. We maintain our respect for the judiciary, but it is entirely legitimate for us to disagree with points they have made in certain findings. That is why we have made it clear that we disagree with some of the findings delivered today in the judgment, which is why we are seeking permission to appeal against them.

Let us be clear: the SNP is interested in asylum seekers only if they are housed elsewhere in the United Kingdom. Just last week, the SNP Government and the Labour leader of Edinburgh Council conspired to oppose our using a vessel to accommodate asylum seekers in Leith—that same vessel, in the same berth, had until recently housed Ukrainians—despite this having been value for money, despite being offered more cash to help and despite Edinburgh taking fewer than its fair share of asylum seekers. It is staggering to witness the stench of hypocrisy that hangs heavy over the SNP’s fake humanitarianism.

[Sir Edward Leigh (Gainsborough) (Con)]

Meanwhile, constituencies are overwhelmed, as local services will be at RAF Scampton. What alternative plan is there? Does the Home Secretary not realise that every year we produce a migration Bill and we are tied up in knots by human rights lawyers? What we have been suggesting for two years in the Common Sense Group is that the refugee convention was made for a different world, as was the human rights convention, and we simply must have a derogation, so that we can detain people and then deport them. We will never solve this problem otherwise.

[Suella Braverman]

Again, I put on record my thanks to my right hon. Friend and his community for their support on RAF Scampton. I know that they have very serious concerns, and we are working intensively with him and the local authorities to enable the site to be rolled out and the appropriate support to be put on for those who will be occupying it. On the legal frameworks, he makes a very powerful point. Last year, we saw the Strasbourg court operate in a way that was opaque, irregular and unfair when it comes to the will of the British people. That is why we have included measures in our legislation that is making its way through Parliament to avoid that scenario repeating itself.