Illegal Migration Bill

Lord Ponsonby of Shulbrede Excerpts

2nd reading
Wednesday 10th May 2023 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I too will not attempt to namecheck everyone who has spoken in this debate. It has been a fascinating but a worrying debate and I thank all the many organisations that have sent briefings, many of which have been referred to during the debate.

The headnote for understanding the Bill is that it attacks the ability of people to come to the UK irregularly and claim asylum or make human rights claims. It shuts them out and imposes a duty of removal. In the absence of agreements on removal or readmission to their home or third countries, these people will remain in the UK without status, either in detention, potentially for an indefinite period, or supported at public expense because they are unable to work. It will manufacture a growing and potentially permanent population of people in the UK who are, for all practical purposes, unremovable, and who are a burden on the public purse. It is ineffective and it breaches international treaty commitments.

The Bill contains a number of things that disrupt the established relationship between the Government and the courts. For example, it revises the ability to seek liberty from being unlawfully detained. It also removes protection from people who are victims of trafficking, in order that they may be treated as irregular arrivals as well. In the media, noble Lords will see that the motivation for the Bill is the problem created by people crossing the English Channel in small boats, but in reality the Bill affects all people arriving irregularly. It also extends to human rights claims made by EU citizens in the UK, and that can affect their family life and their private life rights—I think this was a point made by the noble and learned Lord, Lord Etherton. I believe this will create additional problems in our relationships with EU member states.

All people in this House agree that small boat crossings should be stopped. Smugglers are profiting from the desperation of people risking their lives to reach our shores. Also, there is no doubt as to the size of the challenge in dealing with the number of asylum seekers already stuck in the system, as well as those making their way here right now. The main question we should address ourselves to when looking at the Bill is: will it make things better, or will it make them worse? Will it stop the dangerous crossings and lead to serious consequences for the people smugglers? Will it protect those most at risk from exploitation, violence and torture? Does it protect children? Does it help those we have made promises to, like the Afghan interpreters who missed the last flight from Kabul? Will it ensure that we create the safe routes that it is said asylum seekers must use instead of using channel crossings—safe routes that hardly exist at all? Does it deal with the large backlog of asylum claims which continues to build up, and will it prevent people from getting stuck in accommodation and hotels, waiting seemingly indefinitely for their asylum decision? Does it maintain our long-standing commitments to international co-operation and law? Does it maintain our international reputation as a fair country that takes our role in the international community seriously?

Members across the House have provided many answers to those questions. They have said that the Bill will not help, that it will hurt, and that it is indeed a worrying Bill. It will further damage our asylum system, trap more people in limbo within it, and result in even higher costs. It will hurt children, trafficked men and women and those fleeing war who are unable to take safe routes to get here. It will hurt our international reputation and our relations with countries across the world. It will not provide real consequences for the people smugglers profiting from human misery on our shores. We will work across the House to amend the Bill so that we maintain current levels of judicial oversight, live up to our international obligations and maintain the original principles of the Modern Slavery Act.