Border Security, Asylum and Immigration Bill

Nadia Whittome Excerpts

2nd reading
Monday 10th February 2025 Commons Chamber

[Nadia Whittome (Nottingham East) (Lab)]

Let me start by correcting some misinformation that has been shared throughout the debate by Opposition Members— unintentionally, I am sure. Those who speak about illegal immigrants, or people seeking asylum illegally, should bear in mind that everyone, under international law, has a right to seek asylum from persecution. That is enshrined in international law. There is also the right not to be penalised for entering the country without permission when it is necessary to seek asylum. Those who use the word “illegal” should remember that it is only illegal because the last Government made it so, just as Rwanda was only considered safe because the last Government legislated to make it safe. The vast majority of people need to cross the channel by irregular means because there are very few safe routes. The UK requires them to do that, and then criminalises people who do it.

The Government’s scrapping of the Rwanda plan, and the repealing of some of the most extreme elements of the Conservative Government’s legislation, are very welcome. It is essential for this performative cruelty to be wiped from the statute book, and I congratulate my right hon. and hon. Friends in the Home Office team on doing so. However, I must admit that I am disappointed that many inhumane policies have been left to stand. For example, the Home Office will still be allowed to operate a two-tier asylum system: some refugees will be penalised for the route by which they arrived; some victims of modern slavery will continue to be denied protections; and some people’s claims will still be automatically inadmissible on the basis that they have come from so-called safe countries, a number of which are anything but safe for minority groups.

I am particularly worried about certain new elements of the Bill. It expands offences, and gives the state additional powers to investigate and prosecute people. I know that the Government’s target is the organised criminals running these operations, but I am deeply concerned about the possibility that many more people seeking asylum will also be criminalised as an unintended consequence. We must ensure that people who just want to start a new life in safety after being forced from their homes are not punished. We need to combat the dehumanising, false narrative that desperate people fleeing war and persecution are criminals, and we must not treat them as such. Instead, we should be properly reforming our broken asylum system. An improved system should include safe and legal routes, a fair and efficient decision-making process, the lifting of work restrictions, the closure of all large sites, and increased asylum support rates.

It is appalling that 138 people—138 human beings—have died attempting to cross the channel since the summer of 2019. I have no doubt that my party is united in wanting to save lives, but I fear that the Bill, no matter how well-intentioned its aims might be, will not succeed, and that more people will die attempting to reach our shores because it does not tackle the lack of alternative options for claiming asylum, which is driving people on to those dinghies. I worry that our approach, which does not differ drastically enough from that of the last Government, will continue to add to the suffering that so many people seeking asylum have already experienced. When sector organisations such as Asylum Matters, Asylum Aid, Médecins Sans Frontières, the Refugee Council and Migrants’ Rights Network have expressed serious concerns about the Bill, alarm bells should be ringing.

Border Security, Asylum and Immigration Bill

Nadia Whittome Excerpts

Report stage
Monday 12th May 2025 Commons Chamber

[Esther McVey (Tatton) (Con)]

I rise to speak in support of new clause 14. This Government came into power on the promise to “smash the gangs” and cut immigration numbers—what an empty, cynical slogan that turned out to be. The exact opposite happened: the gangs were emboldened and the Government lost control of illegal immigration, which is up 31% since the election and 35% in this year.

After the failure to smash the gangs and the poor showing at the recent elections, the Government’s response is another gimmick: the Border Security, Asylum and Immigration Bill. It is hollow, its five core principles are a word salad of empty phrases and it is a rehash of old ideas and contradictions. It lacks a deterrent. In fact, the biggest mistake that this Prime Minister has made, in a strong field of contenders, was cancelling the Rwanda scheme. Even the National Crime Agency described that as a deterrent, and it was already starting to work; we saw those coming in by dinghy from France starting to head to Ireland and other countries. Without Rwanda or another third country, there is no way to remove any illegal immigrants who destroy their documents as they come to this country.

As a result of cancelling that deterrent, we have seen illegal migration soar. Some of the levels of illegal immigration will come down, but that will be as a result of what the former Prime Minister, my right hon. Friend the Member for Richmond and Northallerton (Rishi Sunak), did with his restrictions to stop dependants entering the country and the bilateral deals he made, such as the one with Albania to deport criminals. This Government say that they will now create a new legal framework for immigration judges to prevent illegal migrants and foreign criminals avoiding deportation by exploiting article 8 of the ECHR. That will never happen under the human rights lawyer who leads the Labour party, or a Labour party that champions the ECHR and the Human Rights Act.

The reality is that until this Government get ahead of the curve, get a spine, take the UK out of the ECHR, repeal the Human Rights Act—a law that Labour introduced to cement the ECHR in British law—reinstate the Rwanda scheme and radically clamp down on housing and benefits, I am afraid that immigrants will continue to come to the UK. The British people expect security and prosperity, not platitudes and broken promises. We in this House must act accordingly and vote in favour of new clause 14, which would disapply the Human Rights Act.

[Nadia Whittome (Nottingham East) (Lab)]

Vulnerable people are dying in the channel and in our asylum system in record, horrifying numbers. Today, yet another person tragically died trying to reach our shores. The exact figures are murky, but from what we know, last year was the deadliest year ever for people seeking asylum in the UK. The UN estimates that 82 people, including at least 14 children, lost their lives in the channel, but French frontline charities believe the fatality rate to be significantly higher. Meanwhile, freedom of information requests reveal that 51 people died in asylum accommodation, and among them were a 15-year-old boy and two babies.

People are drowning while trying to reach safety. Once they arrive, they are dying by suicide, from infectious diseases and from unknown causes in poverty, in low-quality accommodation or on the streets, like the teenage victim of modern slavery who took his own life while terrified of deportation, the father of one who died of diphtheria after being held in a Government processing centre, or the seven-year-old girl who was crushed to death on an overcrowded boat. In several cases of deaths in asylum accommodation, there have been alleged lapses of safeguarding codes. These deaths are utterly unacceptable and often preventable, yet the Home Office keeps no official record. As such, we do not know how many lives are being lost.

The Government rightly want to reduce deaths in the channel, and the starting point must be to know the numbers. My new clause 1, which is supported by 24 MPs, is a call for truth and transparency. It would mandate that the Home Office records and reports statistics and information on the deaths of people in our asylum system who are meant to be in its care and people at our borders. It would provide opportunities for scrutiny and accountability, because no matter where they come from or how they got here, people deserve dignity. We must not allow them to die in silence, ignored and uncared for, so I urge the Government to act. We need a new approach to refugees and asylum. We need to stand up to Conservative Members scapegoating desperate people for the problems that our communities are experiencing after 14 years of Conservative austerity, instead of parroting them.