Immigration and Asylum Bill (Ninth sitting)

Melanie Onn Excerpts

Committee stage
Thursday 22nd October 2026 Public Bill Committees

[Anna Turley]

My hon. Friend is absolutely right. That is why, in every experience I have ever had in this portfolio and others, international co-operation has been the solution, not the problem, whether it is driving down fraudulent asylum applications or dealing with those who break the rules when they are here.

Finally, Government amendment 133 will simply allow for transitional provisions to be included in the commencement regulations, rather than being on the face of the Bill.

[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.

[David Smith (North Northumberland) (Lab)]

My hon. Friend is giving a powerful speech. It is right that our immigration and asylum system should, first and foremost, be fair to the population of the United Kingdom. Does she agree that, on the question of whether we can remove people who have committed serious crimes, it is also unfair to legitimate asylum seekers, who risk being tarred with the same brush, with their reasons for fleeing often serious and horrible situations in other countries coming under suspicion?

[Melanie Onn]

My hon. Friend is absolutely right. Where people seek to game the system, it undermines it for those with legitimate claims. That is where we start to see a real breakdown of trust in the system, with everybody being put into the same category. In my view, that creates even greater civil unrest and the potential for pretty heinous actions to be taken by those in local communities. We have seen the situation around the country spiral in recent times, with very vulnerable individuals being targeted because of an improper and unfair narrative due to those who have sought to exploit weaknesses in a system that was left abjectly under-resourced under the previous Government.

The Minister and my hon. Friends have mentioned that around 70,000 people have been deported since July 2024, an increase of over 41%. It has probably gone up since I made these notes, because my next sentence says, “of these, 10,000 were foreign national offenders.” As we have heard, it has gone up to 12,000, and the increase is 41%, not the 36% that I noted. That is a remarkable achievement within the confines of a system that is straining at the seams, and it demonstrates this Government’s determination to try to fix a broken system and give that reassurance to the British public. It is worth reiterating that at every opportunity.

There are other signals that the Home Office is intent on providing that reassurance, as enforcement funding is rising. Immigration enforcement spending will increase from £681 million to £1.33 billion by the end of this Parliament. Staffing numbers will rise from 4,500 to 7,300. Those are not small measures, and they not only reassure the public but make the system work as it is supposed to. Although deportations have increased, there remains a substantial backlog, so new powers allowing immediate deportation after sentencing for most determinate sentence offenders will start to show a reduction in the coming months and years. There is also the added benefit that earlier removal will reduce pressure on prison capacity, which we all know is under great strain.

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[Dr Zubir Ahmed (Glasgow South West) (Lab)]

I am grateful to my hon. Friend for giving way on that point, especially as she is caveating our relative success in removing foreign offenders by providing the wider context about criminality in this country. The vast majority of crime is committed by British citizens—indeed, British-born citizens. Sometimes that is lost in this debate.

Following on from that point, does my hon. Friend agree that foreign offenders are often synonymously conflated with violence against women and girls? There are certain elements in our politics that wish to leverage that narrative to demonise certain communities and to further their own political interests. Does she share my concerns about the politicians who do that, and does she agree that when it comes to people who commit violence against women and girls, the common theme is largely not one particular community or immigrant population, or indeed foreign offenders, but men?

[Melanie Onn]

I understand my hon. Friend’s point, and I agree that the commonality is men. I would also say that there is great fear in communities. Unfortunately, rightly or wrongly, there is already suspicion when there are new arrivals. There is work to be done to demonstrate the reality that, where there is criminal activity, this country has strong institutions in place that are prepared to set the record straight. There can often be unfounded rumours that lead to vigilante groups and the targeting of individuals—I have seen that happen in my constituency, and it is completely unacceptable.

When there is criminal activity, swift action should be taken to apprehend that individual and, whatever their background, they should be subject to the full force of UK law. They should be dealt with quickly, and where appropriate, if they are a foreign national offender or an asylum seeker, they should be deported as quickly as possible. Immediate deportation after sentencing would address the issue and comfort people in communities around the country. I take my hon. Friend’s point, and perhaps I have not given him enough comfort that we share entirely the same perspective. There is certainly more that can be done.

We have to do all we can to strengthen public confidence and to restore trust in our systems. We have to be honest about the scale of the issue, the backlogs and the delays. Removing people more reliably and quickly through improved co-operation with receiving countries, as the Minister mentioned, will go a significant way towards doing that.

[Mr Paul Kohler (Wimbledon) (LD)]

I know I am a voice in the wilderness, but I wish Parliament would use these Committee sessions to try to improve legislation instead of collapsing into the pantomime of the Chamber. That is not a criticism of the hon. Lady by any means, or any of the contributions I have heard, but sometimes we fall into political discourse when we should be trying to improve things.

[Melanie Onn]

I am grateful to the hon. Gentleman for giving way because this is his first appearance and we are now five days into the Committee. He will have no doubt looked at Hansard or listened to the recordings and seen that we have gone through the detail of this legislation line by line in previous sittings.

[Mr Kohler]

That was not an attack on the hon. Lady at all. I have been in the Chamber on the Northern Ireland Troubles Bill Committee for the last few sittings, which is why I have not been here. I still think we should try to work together on improving legislation, but I am a voice in the wilderness, as I said—[Interruption.] Well, we do not; we turn it into a political debate where we just make points against the other side. We replicate Parliament. It should be more than that.

The UNHCR has been critical of this provision—this is not a political point; I am asking a question. I will read a paragraph from its critique as I would like to hear what the Minister has to say about it:

“The proposed provision conflates two distinct concepts within the Refugee Convention: whether a refugee falls within the exception to non-refoulement contained in Article 33(2), and whether that refugee is ‘lawfully staying’ in the territory of a Contracting State. While a finding within the meaning of Article 33(2) that a refugee constitutes a danger to national security or, having been convicted of a particularly serious crime, constitutes a danger to the community may give rise to removal proceedings, it does not, in itself, determine whether they are lawfully staying for the purposes of the Refugee Convention. Particularly where removal is not possible, including because of other applicable non-refoulement obligations under international human rights law, a refugee may remain authorised to stay in the UK under domestic law. At a minimum, such a person would remain ‘lawfully present’ in the UK for the purposes of the Refugee Convention. Accordingly, they would continue to be entitled to those rights and standards of treatment under the Refugee Convention that are contingent upon ‘lawful presence’ in the territory. Whether they also remain ‘lawfully staying’ is likely to depend on the nature of the leave granted and the extent to which it provides a sufficiently stable and durable basis for residence. UNHCR therefore encourages the Government to reconsider this provision.”

If a refugee is not lawfully staying under these provisions, but cannot be removed for other purposes, what is their status? Are they lawfully present or do they have no status whatsoever?

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[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.

[Melanie Onn]

Perhaps the hon. Member might like to take the opportunity to correct the record. He mentioned Eritrea twice there.

The hon. Member says the system is not working. It plainly is. It could work better, but we are seeing big increases from the failure of his Government to manage to deport people under the current rules. By applying what rules we have and exercising them by putting additional resources behind them, as well as tightening up some of the deportation rules, we will see a marked improvement in the number of foreign criminals who have no right to be here being returned to their country.

[Matt Vickers]

We welcome deportations of people with no right to be here, but when we start going back through the records to see who arrived and who left without us even knowing, we have the Home Office scratching numbers together to work out who has gone. It is a positive that we can improve deportations, but in recent times, we have gone from the point where we said that somebody who arrives in this country illegally cannot claim citizenship—there was legislation in place—to a point where that has been unpicked by this Government. We sat through the debates on the Border Security, Asylum and Immigration Act 2025 on that subject.

This is an opportunity to improve things. We are determined to get among it. We are determined to improve it. Whatever the deportations are, they need to be significantly higher for my constituents to be happy.

I will correct the record—7,042 arrivals from Eritrea, two were removed; 4,490 from Afghanistan, one was removed; 4,389 from Sudan, zero removed. That is not a satisfactory system. That is not working. This is the opportunity to improve that.

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[Melanie Onn]

I thank the Minister for giving way; she is being incredibly generous with her time. Is there a point to be made about retaining our responsibilities in relation to the ECHR? Critically, international co-operation will enable us to deport more easily people who have no right to be here.

[Anna Turley]

My hon. Friend is absolutely right, and that is what we seek to do. We seek to show leadership, just as Winston Churchill did in Europe after the second world war, by working with our partners—all 46 members of the ECHR. This year, they agreed a declaration to give us a stronger platform to drive change through the courts, improve our outcomes in removals and deportations, and have a shared view of how that can be applied in the modern world.

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[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.

[Melanie Onn]

On the point about contributions, it is worth reflecting on this country’s tradition of collective contributory institutions. Whether it is the welfare system, the NHS, education or pensions, we recognise that we all pay something in so that we can all benefit. Some pay less and some pay more, and some people use those institutions a lot and some use them very rarely, but we accept the balance and the level of fairness in the system. Provided we get our bins collected and we can see a doctor and so on, we are all generally fairly satisfied. When people are feeling a great financial squeeze—it is fair to say many across the country are—and they see examples of others not participating in that agreed settlement, which is our social contract with the state after all, it starts to breed discontent. We should have measures in place to ensure where people have received from the state, they give something back when they are able.

Those who arrive on a work visa are already required to pay reapplication fees every few years for them and their family, which can amount of a significant sum, and to pay annual NHS surcharges. The question is why those on work visas who are aiding this country in shortage occupations have to pay that while others are not required to contribute anything. Should they be granted asylum and are able to work and participate in general life, they should recognise the contribution that enables them to live a settled life in this country. Why should one group be required to pay something and another group not?

[Ben Goldsborough]

In my South Norfolk constituency, I have the Norfolk and Norwich University hospital trust, which has a huge number of people contributing to our society and making sure the NHS in my area is performing some of the best cancer services available. It is an issue that they are paying the NHS surcharge. It would surely be unfair to continue down a line of thinking where there are two tiers in our immigration system.

[Melanie Onn]

My hon. Friend makes a valid point that we should seek to avoid multiple tiers of different systems applying to people in those circumstances wherever we can. He is also right to recognise the contributions that people make to this country.

[Siân Berry]

I take the hon. Lady’s point that people who have claimed asylum should be regarded as akin to those here on work visas. However, does she understand the points in my amendments about how different groups of asylum seekers are being treated differently? People who needed accommodation due to poverty will be asked to pay back, while those who did not need accommodation, due to not being in poverty, are not. That distinction, which sets different asylum seeker groups against each other, is unhelpful.

[Melanie Onn]

I recognise the point the hon. Lady is making. However, as I pointed out in my opening statement, some people pay more and benefit more already. We have an accepted system that there is a general balance between those who pay higher rates of tax and others who pay lower rates, and between those in receipt of more NHS care and support, and others who rarely need it. We must recognise that we will not be able to get everything exactly right or accurate for every subsection of society.

[Mr Kohler]

Will the hon, Lady give way?

[Melanie Onn]

Does the hon. Gentleman want to intervene on my broad, non-specific contribution?

[Mr Kohler]

I am just trying to understand the hon. Lady’s point. When someone is in receipt of benefits because of poverty, we do not ask them to repay it, do we?

[Melanie Onn]

That is a slightly different argument. I was trying to explain how we have a broad group of existing British citizens who pay, contribute and get some benefit. It is the same for asylum seekers: those who benefit should contribute at a later stage when they are able. That is a fair and reasonable point.

[Siân Berry]

For clarity, if this is akin to those on work visas, why are the Government proposing that only those asylum seekers who were here in poverty should pay back those contributions? Why not have a more redistributive approach and also charge the most well-off people seeking asylum, or make it more progressive?

[Melanie Onn]

I thank the hon. Member for her contribution. I feel uncomfortable about dropping the shoulder like this, but you are asking about what the Government should be doing, yet there is a Minister in the room—who will hopefully provide more detail.

[The Chair]

Order. Not “you”.

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[Melanie Onn]

Did I say “you”? Apologies, I am normally very good at avoiding that, Mrs Barker.

When Ministers and the Government look at the payment and repayment schedules further down the line, they will have the opportunity to look at that point in greater detail and see whether flexibility is required. But the anticipation is that people who are here and were given the opportunity to settle and start their life again—as we have seen with so many people who have come to this country in asylum circumstances and have gone on to do great things—will be able to make the contribution as it is set out.

[David Smith]

Not to do my hon. Friend’s work for her, but the hon. Member for Wimbledon asked why anyone else in receipt of benefits should not make a contribution. Does my hon. Friend agree that there is a clear distinction? By definition, if someone coming here to seek asylum has not contributed to the wider economy—and if we can guarantee that historically—that differentiates them from someone who is already here and most likely did, in most cases, make a contribution, through work or otherwise, to the benefits that they receive? As I have already mentioned, before my time in Parliament I ran a homelessness charity, and we often had asylum seekers in our accommodation—which is literally behind where we are sitting right now, in Southwark—who were desperate to make contributions. They repeatedly told us—they made it very clear—that they wanted to make a financial contribution to the country that had given them sanctuary.

[Melanie Onn]

I thank my hon. Friend for that point. I am going to come to that, because making sure that what is and will be expected of people is clear and up front, without any ambiguity, will help those applying to understand the expectations that will be conveyed upon them. That will also give some reassurance to the UK public that this country is not seen as a soft touch. It might help to reset some negative views about how migrants who arrive here to claim asylum are, in some way, only here to milk the system and get all they can, or that they only want to take, take, take, and are not prepared to give, give, give. My hon. Friend’s example proves the exact opposite: people claiming asylum want to contribute.

[Mr Kohler]

Will the hon. Lady give way?

[Melanie Onn]

I will not, because I am on my final sentence.

Rather than having a negative perception of those asylum seekers, this could help the public to understand that they are making a contribution—that they are willing to make a contribution. Then we will see a settlement that is deemed to be acceptable and that hopefully contributes to a much more cohesive society.

[Blake Stephenson (Mid Bedfordshire) (Con)]

It is a pleasure to serve under your chairship, Mrs Barker. I will try to be as efficient as I can, given the time.

As we have heard, clause 23 gives a new power to the Home Secretary that requires people to pay towards the cost of any asylum support they have received, once they are able to do so. In contrast to the hon. Member for Brighton Pavilion—Members will not be surprised to hear this—this does not make me uncomfortable. I reject the notion that it is a refugee tax; I think that is just scaremongering Green campaign nonsense. [Interruption.] I said I was going to be efficient, so I will not take an intervention. Our constituents pay considerable amounts of taxation, and we are spending incredible sums on the asylum support system. It is entirely reasonable, and fair to the British taxpayer, that people who have received support should contribute to that cost.

This group contains three amendments tabled by the hon. Member for Brighton Pavilion about how much people should pay, three Government amendments about waivers and insolvency, and amendment 141, which I tabled, about what happens when people do not pay; Members will not be surprised to hear that we will be opposing the amendments tabled by the hon. Member for Brighton Pavilion. Together, they give the Minister an opportunity to tell the Committee something that the Bill does not: what the scheme will actually charge and how it will operate.