Illegal Migration Bill

John McDonnell Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

I do not want to see pregnant women placed in a difficult or compromising position. The scheme is structured in such a way that a suspensive claim can be brought where there is serious or irreversible harm, which, in most cases, is physical harm, that would prevent an individual from being placed on a flight either back home to their own country, if it is a safe place, or to a safe third country like Rwanda. The usual fitness to fly procedures will apply. Therefore, a pregnant woman would not be placed on a flight to Rwanda or elsewhere unless it was safe to do so. There are long-standing conventions of practice on how we would make that judgment.

On the issue of detention of unaccompanied children, I understand the concerns that a number of hon. and right hon. Members have raised about the prolonged detention of children without the authority of a court. I thank those Members, including my hon. Friend the Member for East Worthing and Shoreham, for their very constructive engagement with us on that and other matters. As a result of those discussions, we have introduced Government amendments 134 and 136 to enable a time limit to be placed on the detention of an unaccompanied child where the detention is for the purposes of removal.

I acknowledge my hon. Friend’s and other hon. Members’ concerns—indeed I share them. I commit to working with him and others, including my right hon. Friend the Member for Chelmsford (Vicky Ford), with whom I have had a number of conversations, to set out the new timescale under which genuine children may be detained for the purposes of removal without the authority of the court and what appropriate support should be provided within detention, recognising the obligations under the Children Act 1989, an important piece of legislation.

I can also confirm to my hon. Friend the Member for East Worthing and Shoreham and others that it is our intention that, where there is no age dispute, children are not detained for any longer than is absolutely necessary, with particular regard to the risk of absconding and suffering significant harm. I trust that those amendments and commitments will assuage the concerns that he raised in Committee and that he will not feel the need to press his amendment 138 on this issue.

[John McDonnell (Hayes and Harlington) (Lab)]

As the Minister says, amendments 134 and 136 bring in the opportunity to introduce regulations for setting time limits. In the past, when there has been a contentious issue such as this across the House, it has often been the practice for the Government to bring forward draft regulations before the end of the Bill’s passage through both Houses. Can he give us an assurance that we will be able to see the detail of what the Government are thinking?

[Robert Jenrick]

I am not able to give that assurance today, but I will give it careful consideration and come back to the right hon. Gentleman. We must ensure that we give this careful consideration and get these difficult judgments right, and that we learn the lessons from when children have been detained in the recent past. I know he is very aware of that and through his constituency duties has been very involved with the immigration removal centre in his constituency.

We want to ensure that we only detain children in the most limited circumstances and in the right forms of accommodation, with the correct scrutiny and accountability. I have recently spoken with the Children’s Commissioner and asked her to assist us and give us her expert opinion in the further policy development that we intend to do. I am keen to work with any hon. Member across the House who has expertise to bring to bear on the issue.

I turn now to the question raised in Committee regarding modern slavery and to amendment 4 in the name of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), supported by, among others, my right hon. Friend the Member for Maidenhead (Mrs May). They are both international champions of this issue and have played critical roles in establishing the UK as a leading force in modern slavery prevention and the protection of those who have proven to be victims. This issue of modern slavery is also addressed in amendments 12 and 16 in the name of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and amendments 73 and 74 in the name of the hon. Member for Glasgow Central (Alison Thewliss).

The Bill is intended to stop the boats. People are risking their lives by making dangerous crossings and putting unprecedented pressure on our public services. Amending these clauses to create exemptions that could lead to abuse of modern slavery protections, and risk undermining the very purpose of the Bill, is something that we must think very carefully about.

I understand, of course, that in the preparation of their amendments my right hon. Friends the Members for Chingford and Woodford Green and for Maidenhead, and others, have thought in particular about how we can prevent individuals who have been in the UK for a sustained period from being exploited by human traffickers, or, if they are already being exploited, from being deterred from escaping that modern slavery, or raising concerns with civil society or law enforcement bodies. Those are serious issues, and I want to take them forward with my right hon. Friends, listening to their unrivalled expertise through the passage of the Bill, to see whether there are ways we can address and assuage their concerns. For that reason, we will look at what more we can do to provide additional protections to individuals who have suffered exploitation in the UK.

I remind my right hon. Friends that the modern slavery provisions in the Bill are time-limited, recognising the exceptional circumstances we currently face in respect of the illegal and dangerous channel crossings. Unless renewed, the provisions will expire two years after commencement. They take advantage of an express provision within the European convention on action against trafficking, which foresaw that there might be circumstances in which there was a sufficient risk to public disorder, or a crisis that merited taking this kind of action. The Government would argue that we are in that moment now, and for that reason we need to apply that limited exemption.

--- Later in debate ---

[Stephen Kinnock]

My hon. Friend is absolutely right. We know from our long period of being in the European Union that, in order to get a deal with the EU, there has to be a quid pro quo. There has to be a negotiation based on a grown-up conversation about how to tackle the challenge we face, and an all-encompassing security agreement could be a very good way of opening that door, because of course the EU knows that the United Kingdom is a very important security partner for all sorts of reasons. I agree with my hon. Friend entirely on the very strategic point he has made. Although we support the Government’s new clause 8 on safe and legal routes, we believe it should be linked to securing a returns deal with the European Union. As I said, our approach is based on hard graft, common sense and quiet diplomacy, and we urge the Government to start thinking and acting in the same vein.

Our third commitment is that Labour will fix the problems with current resettlement programmes. This includes the broken Afghan schemes, and our new clause 21 instructs the Government to report every three months on progress—or lack thereof—in meeting their own targets in supporting those loyal-to-Britain Afghans who sacrificed so much to protect our servicepeople and to stand up for our liberal values in Afghanistan. All resettlement routes need to be properly controlled and managed, of course, and they therefore cannot be unlimited, but they do also need to work.

Fourthly, Labour’s long-term international development strategy will include tackling the root causes of migration upstream through increased humanitarian assistance and greater emphasis on conflict prevention and resolution programmes. This is slightly beyond the focus of the Bill, but an important aspect of migration policy—and a lesson that needs to be learned from Afghanistan in relation to Sudan, of course, which was mentioned earlier—is that if we cut aid and cut the right kind of aid, we will end up increasing the challenges around the dangerous channel crossings and hurt British values and interests.

Our comprehensive plan will also fix what is perhaps the Conservatives’ most astonishing failure of basic governance: the failure to clear the backlog. It is truly staggering that just 13% of small boat asylum claims are being processed within five years, and it is deeply troubling that, while around half of the huge 166,000 backlog is down to small boat crossings, another 80,000 has built up organically under the Conservatives since 2010.

This is no coincidence. Home Office decision making has collapsed. In 2013 the Conservatives downgraded asylum decision makers to junior staff, hired by literally going from a Saturday job one minute to making life or death decisions the next. No wonder this resulted in worse decisions, often overturned on appeal, and it is deeply troubling that the staff attrition rate in 2022 in these teams stood at an astonishing 46%. There is little prospect of improvement, given that Home Office statistics published on Monday show that this year the number of decision makers has decreased.

So let us be clear: the incompetence and indifference of consecutive Home Secretaries since 2010 have brought the basic functions of government to a grinding halt, and during this cost of living crisis the British taxpayer is paying the price. Our new clause 10 therefore sets out how the Government should get on with expediting asylum processing for the countries listed in the schedule to this Bill. If an applicant has no right to asylum in the UK, they should be removed, safely and swiftly, to the safe country from which they have come, such as Albania.

Further to new clause 10, our new clause 13 instructs the Home Secretary to publish a report every three months on the progress she is making on clearing the backlog.

[John McDonnell]

I am sorry to interrupt the shadow Minister’s flow, and I wholeheartedly support him, as we have time and again, with regard to the criticisms of the Government’s lack of processing of cases, including the lack of staffing resources. On new clause 10 and the proposal for an expedited asylum process, can my hon. Friend reassure me that there will be no lessening of the legal rights of asylum seekers, of access to legal representation and of the application of international human rights treaties and conventions?

[Stephen Kinnock]

I thank my right hon. Friend for that intervention. Absolutely, the proposal is that there are a number of countries with very low grant rates and that must therefore be where we triage, and put them into a category where the processing can be expedited. However, all the processing must be done on an individual, case-by-case basis, in line with our treaty obligations; we cannot have block definitions of any particular category of asylum seeker, which of course is one of the main issues concerning the legality of the Bill, and that includes access to legal aid. So I can absolutely reassure my right hon. Friend on that point. We have to get the balance right: we must focus on the efficiency and effectiveness of dealing with the backlog—which must be based on triaging, giving much more support and upgrading the staff in the Home Office—but that must be underpinned by the provisions to which my right hon. Friend refers. Of course, the return on investment for improving the quality of decision making would be rapid and substantial, because quicker processing means fewer asylum seekers in hotels.