Immigration and Asylum Bill (Ninth sitting)

Jonathan Brash Excerpts

Committee stage
Thursday 22nd October 2026 Public Bill Committees

[Melanie Onn (Great Grimsby and Cleethorpes) (Lab)]

It is a pleasure to serve under your chairship, Mrs Barker.

The current rules allow too many foreign national offenders to avoid deportation. That undermines public safety and confidence in our immigration system, so it is right that through the Bill we strive to balance the public interest against individual rights, and to ensure that the application of article 8 of the ECHR in deportation cases reflects that balance. The existing tests do not place enough weight on the public interest, especially on public safety and crime prevention. The tougher action that the Government propose is intended to ensure that the courts consistently prioritise public protection, which is welcome.

It is incomprehensible to most people how those who have been granted permission to live and work in the UK and then seriously break the law of the land do not then forfeit the rights that have been conferred on them. That view is heightened when people are part of organised crime gangs, have only recently arrived in the country or have arrived without permission and request asylum. We say that the UK is a tolerant country, but I see that tolerance fracturing as UK citizens see the rules of the country failing in the face of modern migration. We are not the only country experiencing this, and failing to address it will only ensure even greater civil unrest.

It is worth noting that, between 2016 and 2021, about 70% of successful appeals by foreign national offenders allowed them to stay solely on article 8 grounds. Other data shows that nearly 20,000 foreign offenders remain in Britain due to a clogged appeals system, with many winning cases based on human rights arguments. It is interesting to see an amendment propose incredibly tough, specific measures when, during their time in government, the Conservatives failed to implement any changes that would have prevented the disgraceful scenes that we see around the country today.

[Mr Jonathan Brash (Hartlepool) (Lab)]

Even before these incredibly welcome tough new actions, we saw the deportation of foreign national offenders go up by 41% compared with under the last Government. Does that not demonstrate the abject failure of the last Administration to deal with the issue?

[Melanie Onn]

My hon. Friend is absolutely right, and we will come to that. Even within the existing rules, there was an opportunity for the previous Administration to take tougher action to prioritise this. Instead of using those rules, they looked at fanciful arrangements with other countries, with completely empty planes taking off. They wasted huge amounts of public money on schemes that were little more than a gimmick.

The stats that I mentioned—that 70% of appeals are successful, and that there are 20,000 foreign offenders in a clogged appeals system—do not demonstrate a system that is fair or working at full capacity, or indeed working as it should.

--- Later in debate ---

[Matt Vickers]

If you believe that we are deporting everyone we should be deporting, and if you do not believe that the European convention on human rights has got in the way of us removing people, you start from a very different place from me. People I represent are very concerned about our immigration system. They are very concerned that the laws we are making in this place are not acting to control that immigration system. I think we start from very different perspectives.

[Mr Brash]

The hon. Member talks about the starting point—the starting point that this Government had was markedly worse than where we are now. We have deported 41% more. What are we doing that his party so adamantly failed to do when it was in office?

[Matt Vickers]

The hon. Member makes a fair point. We have had lots of things to say about the past. It is that experience that has led us to the point where we believe that some of the human rights framework that is in place gets in the way of deportations. Clause 22 actually concedes that point. It says that these people should not be able to exercise some of those rights, but it does not remove them. New clause 61 is the step that actually solves that problem.

This system is not working. I would be celebrating if we were a bit further forwards than we are. Actually, 7,042 people arrived from Eritrea in the year to March—how many went back? Two. There were 4,490 who arrived from Afghanistan—how many went back? One. And 4,389 arrived from Eritrea—how many went back? Zero.

The system is not functioning. Progress is progress. We would welcome progress. The opportunity with this Bill is to make much further progress and remove the people who should be removed.

--- Later in debate ---

At the moment, the average cost for housing people in dispersal accommodation is much less than in hotels—it is £211.93 per week, which is £23.25 for housing per day and £49.18 for food and other essentials. If a person were housed in dispersal accommodation, which we are moving towards, as is the Government’s preference and the goal they are aiming for, under those calculations, it would take more than 47 weeks for someone on asylum support to cost £10,000. Perhaps the Minister could explain in her response how that £10,000 was arrived at, because, by my rough calculations, if people have their applications processed within six months, the overall cost is about £5,500, which is considerably lower.

[Mr Brash]

I fear that there may be some issues with the numbers that the hon. Lady has just given. One of the commitments that this Government have made on dispersal accommodation is to disperse more fairly across the country. As a result of the private contracts signed by the previous Conservative Government, areas of low housing cost were targeted in my Hartlepool constituency. This Government, as I understand it, are looking to do that much more fairly to reduce the burden on deprived communities such as mine. As a result, dispersal accommodation costs will probably go up.

[Siân Berry]

That is an entirely fair point. There has been a focus on the lowest-possible-cost accommodation, and it is only right that people can stay closer to where they may have a connection and all the other considerations.

It is important that those figures are just the current average. Overall, given the gravity of the impacts and the concerns from local authorities and many of my constituents about the problems, I want to see answers from the Minister on the amendments that would mitigate the impacts. I will be pressing my amendments to a vote if I do not hear good answers, and I will be opposing clause 23.