Border Security, Asylum and Immigration Bill

Lisa Smart Excerpts

Report stage
Monday 12th May 2025 Commons Chamber

[Kim Johnson (Liverpool Riverside) (Lab)]

The intention to repeal much of the Illegal Migration Act 2023 through this Bill, and the scrapping of the Rwanda scheme in particular, are extremely welcome. Years of brutal Tory policies that have criminalised, persecuted and scapegoated migrants and those seeking safety on our shores must be unravelled by this Labour Government, but we must go further, faster, and turn our back entirely on the politics of hate and division if we are to avoid repeats of the recent election results.

The riots that took place in my city last year, which targeted asylum accommodation and organisations and visibly black people and businesses, did not emerge from nowhere; they were the result of the myths and misinformation perpetuated by media and social media. For our Prime Minister to say today that unfettered immigration risks the UK becoming “an island of strangers” is deeply concerning. We cannot concede to the anti-migrant agenda promoted by those who thrive on division. It is simply dishonest to suggest that migration causes falling living standards. It is not migrants but political decisions that have hollowed out our communities, brought public services to their knees and allowed inequality to run rampant.

I am proud of my African and Irish heritage, and proud that my home, Liverpool, is a city of sanctuary. However, I am not proud of some of the language being used today, particularly the phrase, “island of strangers,” which echoes the devices and cruel politics of our past. I have had constituents say that it is reminiscent of the “rivers of blood” speech. Mine is a port city, where people arrive from all over the globe, and our city is far better for it. These people are neighbours and friends. Liverpool has a world-leading higher education sector; thousands of international students want to train there. I have spoken to the vice-chancellors of Liverpool Hope University and Liverpool John Moores University, who are both concerned about the announcements made today.

The Labour Government must unequivocally make the case that the fight against racism and scapegoating is the same fight as that against low pay, poor housing and crumbling public services. We cannot defeat one without the other. While the Bill goes some way towards repairing the damage done by the previous Government, the overall approach remains punitive, particularly in clause 41, which will expand the Home Office’s power of detention retrospectively. The new criminal offences in parts 1 and 2 are deeply concerning, as is the retention of section 29 of the Illegal Migration Act, which removes protections for victims of modern slavery, and section 59 of that Act, which makes asylum and human rights claims from a list of countries inadmissible. Instead, we should focus on restoring the right to seek asylum in the UK, opening up safe routes, abandoning offshore processing, resolving the legal aid crisis, restoring the right to work, increasing support rates for asylum seekers and ending the use of immigration detention and harmful, destructive rhetoric—in short, we should focus on building a compassionate, rights-based and evidence-led approach to immigration and asylum.

I am proud to have added my name in support of new clause 1, which would enshrine in law a duty on the Home Office to publish quarterly statistics—detailed information—on deaths in the asylum system and on small boat channel crossings. We know that lives are being lost, but we do not know how many, which makes our system an outlier. I call on the Home Secretary to take on board those comments.

[Lisa Smart (Hazel Grove) (LD)]

I rise to speak to new clause 21 and other new clauses in my name and those of other hon. Members. I put on record my particular thanks to my hon. Friends the Members for Woking (Mr Forster), and for Mid Dunbartonshire (Susan Murray), for the sterling shifts they put in on the Bill Committee.

We can all agree on the need to stop these perilous channel crossings, but under the Conservatives, safe and legal routes were dismantled, forcing vulnerable people into the hands of criminal gangs. Meanwhile, the asylum system was left to rot, and a staggering backlog grew year after year. Now we have thousands of people stuck in limbo, unable to work, rebuild their life or contribute to the UK economy, while taxpayers foot the bill for hotel accommodation in communities like mine.

[Nick Timothy (West Suffolk) (Con)]

Does the hon. Lady accept that, despite what she has just said, under the last term of the Conservative Government, record numbers of people came here through resettlement schemes, which are safe and legal routes?

--- Later in debate ---

[Lisa Smart]

I am grateful to the hon. Gentleman for intervening on me in debates on immigration; this is not the first time we have had a conversation of this nature. Ukrainians and Hongkongers came here under the previous Government, and that is to be welcomed—

[Nick Timothy]

And Afghans.

[Lisa Smart]

And Afghans; the hon. Gentleman makes a valid point. But there are countries in the world—Eritrea, Sudan and others—from which there are no safe and legal routes, and that is what new clause 21 is about.

The Home Secretary said in the White Paper published this morning that we need an immigration system that is “fair and effective”, and I strongly agree with her. The current system is neither, and I would have liked to have seen more in the Bill to change that. The Liberal Democrats believe in a common-sense immigration and asylum system that treats people with dignity. That means scrapping headline-chasing gimmicks, such as the Conservatives’ Rwanda plan, investing in swift decision making, and tackling the problem of criminal gangs at its root. We welcome some of the measures in the Bill to achieve those ends, but one of the most glaring injustices of our system is the ban on work for people seeking asylum. Right now, those who have been waiting months and months for a decision are barred from working to support themselves and their family, and from contributing to the economy. That is wasteful and demoralising; it is a lose-lose for everyone. New clause 21 in my name would change that. It proposes that if someone has been waiting for more than three months, they should be able to pay their fair share.

I know from those seeking asylum in my area that these are people who want to pay their way, contribute their skills and taxes and be part of the local community. We should not be stopping them. This is about common sense. Giving people the right to work will ease the pressure on public finances and give dignity back to those caught up in the system. It will help employers to fill vacancies at a time of work shortages, and allow asylum seekers to build the foundations of a new life. I urge colleagues across the House to support this new clause. It is the fair and practical thing to do, and it benefits us all.

Any Government serious about tackling the smuggling gangs—and I believe that this Government are—must cut off the gangs’ business model at the source. New clauses 22 and 36 would require the Government to set out new safe and legal routes, giving those fleeing persecution a proper alternative to dangerous crossings. The lack of these routes is a direct cause of the current crisis. We cannot keep saying that we want to stop the boats while slamming shut every door to safety for those who need it. There must certainly be greater scope for family reunion. No child should have to face the trauma of fleeing war or persecution alone, only to be denied proper contact with their loved ones. New clause 27 would widen family reunion rules, so that unaccompanied child refugees could be joined by their closest relatives.

[Edward Morello (West Dorset) (LD)]

On the point about reuniting families, the shadow Minister seemed to be utterly bemused as to why so many migrants and illegal immigrants are male. I wonder whether my hon. Friend is aware of the Doctors without Borders report that showed that a large number of sub-Saharan African women were being injected with such high levels of contraceptive as to make them permanently infertile, because they were being raped so many times on their way here that they could not then work to pay off their debt, because they were pregnant. A fairer system would allow more women and children to come to the UK.

[Lisa Smart]

I am grateful to my hon. Friend for raising that point. That is one of a number of utterly hideous stories that any of us could hear through any of the wonderful bodies and non-governmental organisations working with asylum seekers and refugees who are coming to this country. I put on record my thanks to my hon. Friend from the other place, Baroness Hamwee, who has done a huge amount of work on family reunification. This is about basic humanity. These children need safety and the support of their families to truly rebuild their life.

People smuggling of the type that this Government are trying to crack down on is an international problem, and we cannot solve it by going it alone. New clauses 23 to 26 will bolster our co-operation with Europol, encourage regular meetings with its leadership and establish joint taskforces, ensure more resources and provide a transparent system of reporting back to Parliament. To dismantle these smuggling networks, we need to work hand in glove with our European allies. This Bill could go further to strengthen those vital ties. The UK should be leading on this, not lagging behind.

The Liberal Democrats will keep fighting for a system that is fair, fast and humane, in which there are safe routes, families can be reunited, and those who come here are treated with dignity and can contribute to their new communities. Our new clauses offer practical steps to rebuilding an asylum system that works for all of us, and I urge the House to back them today for practical, humane and effective solutions.

[Tony Vaughan (Folkestone and Hythe) (Lab)]

I refer the House to my entry in the Register of Members’ Financial Interests, and to the support provided to my office by the Refugee, Asylum and Migration Policy Project. I also chair the all-party parliamentary group on refugees. I thank the Ministers and members of the Public Bill Committee for their work on this Bill, which I continue to support as a whole.

My constituents in Folkestone and Hythe want to see Parliament give our law enforcement agencies the powers that they need to tackle these highly sophisticated, organised criminals. The small boats industry, which was allowed to run for years under the Conservatives, flourished in part because of the lack of powers for the National Crime Agency and the lack of co-ordination with our European partners. We absolutely do not need the performative politics of the Conservatives, including their new clause 14 to disapply the Human Rights Act from immigration functions.

We have just had the VE Day 80th anniversary, and it was that fundamentally important victory over tyranny in Europe that led to European democracies uniting to safeguard the rights of everyone living in Europe. When I met Ukrainian politicians at the Council of Europe in January this year, they were very clear that they need human rights, the rule of law, democracy and unity of values in Europe, and they need us, the United Kingdom, to help them in their fight against an enemy that lacks those principles.

We are at a point in history when it is more important than ever to be clear about our values, what makes our society one to be proud of, and what we have in common with our neighbours and friends. Rightly, the Government will not disapply the Human Rights Act from one group today; maybe the Conservatives would want to deprive another group of it tomorrow. The Opposition’s new clause, which I will oppose, is a reminder of this important dividing line in our politics.

I also want to comment on new clause 3 on safe and managed routes to asylum. I raised this issue in the Chamber on Second Reading. I fully accept that safe routes will not, on their own, stop small boat crossings; that is why we need the enforcement measures in this Bill. However, it is unsustainable to continue to make it virtually impossible to claim asylum lawfully, and then criminalise those who have made valid claims, but who have no lawful means of accessing the asylum system. I am grateful to the Minister for Migration and Citizenship, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Feltham and Heston (Seema Malhotra), for agreeing to meet me next week to discuss this issue. A recent report by the APPG on refugees proposed a pilot system for those from specific conflict zones who have strong claims to be allowed to travel here, so that their claim could be fully examined on UK soil. That would build an evidence base on the issue, to inform future policy.

Finally, on British citizenship, though the Government are repealing the measure that bars citizenship for those arriving unlawfully, they have effectively reintroduced it via policy. I would ask them to rethink their approach. By the time a person in that situation applies for citizenship, they will have been granted asylum, having a well-founded claim. They will have been here for over five or six years; they will be of entirely good character; and they may be making a valid contribution to our society. However, because of their method of entry all those years ago, they could be prevented from accessing citizenship and integrating in this country. We need measures to promote, rather than hinder, the integration of those lawfully present here. Despite these points, I support the Bill, and thank the Government and Members for their work on it.