UN International Day of Persons with Disabilities

Debate between Nigel Evans and Tom Pursglove

Thursday 24th November 2022 Commons Chamber

[Tom Pursglove]

I could speak at some length on that, but I think I will write to the right hon. Gentleman as Chairman of the Committee and provide him with an update on where we are in relation to that particular point. I think that is the best way of addressing that question.

I assure the House that I will continue to work with ministerial colleagues across Government, especially as convener and new chairman of the ministerial disability champions, who were appointed in summer 2020 at the request of the then Prime Minister to help to drive progress across Government to help to improve the lives of disabled people. That commitment remains. The ministerial disability champions meet regularly throughout the year. They act as personal leads within their respective Departments, encouraging joined-up working across Departments and committing to championing disabled people.

I am keen to look at, consider and try to advance particular projects that colleagues and wider society feel would be beneficial in improving things for disabled people. I will also continue to meet with disabled people, disabled people’s organisations and disability charities across the UK, so many of whom are inspirational with the work that they do and in the example that they set.

Ensuring the voices of disabled people are heard is a priority for this Government. We continue to work closely with disabled people and disabled people’s organisations to ensure we hear from the full diversity of the community. Only this week I have met the Disability Charities Consortium, Disability Benefits Consortium and DPO Forum England to discuss issues impacting the lives of disabled people. I hope that that reassures the House about my determination, commitment and willingness to engage thoroughly and extensively. No one person has a monopoly on good ideas about the next steps we should take.

The disability unit runs multiple stakeholder networks to support and supplement Government engagement with disabled people and their organisations. Departments across Government also have their own networks specific to their policy focus. The unit is currently considering how we can strengthen our engagement with the sector even further. We stay cognisant of opportunities to consult and co-create with the sector in designing and delivering impactful policies to improve disabled people’s lives, which is our ultimate aim.

Ahead of this year’s UN International Day of Persons with Disabilities, I wish to emphasise our ongoing commitment to drive forward inclusion for disabled people at all levels of British society and continue to be global leaders in the disability space. I know that that is a firm commitment that we share across this House.

[Mr Deputy Speaker (Mr Nigel Evans)]

For up to two minutes, I call Marsha De Cordova.

Births and Deaths Registration Act 1953

Debate between Nigel Evans and Tom Pursglove

Wednesday 25th May 2022 Commons Chamber

[Tom Pursglove]

I am very grateful to the hon. Lady for her intervention. Again, I feel privileged to be meeting her constituents tomorrow to discuss this and to hear from them precisely how they feel these matters have been handled. Of course, I would expect the investigations team to handle this with extreme care, real sympathy and due regard to the victims’ families, making sure that they are kept informed and that their needs are properly attended to. I hope that through what I am able to say in the remainder of my remarks, I will be able to provide her with reassurance about my thinking on this. I entirely take on board the point she raises about optionality, and the gravity of a death being registered and the desire for families to be involved in that process. I will continue with my remarks and I hope that they will help to provide some of the reassurance that I know she is seeking.

I have been truly sorry to learn, both in previous exchanges with hon. Members and directly from some of the families, that the requirements for registration in these circumstances have added to the pain and distress felt by some of the victims’ families. We have heard this evening about the commitment of the families of Chloe and Liam in fighting for the ability to complete this one final act for their children. I had the privilege of meeting Lisa Rutherford, Chloe’s mum, and Caroline Curry, Liam’s mum, earlier today, and I would like to put on record my thanks for their time and for setting out so clearly why this issue matters to help them with the grieving process. What they have been through is almost impossible to comprehend. Chloe and Liam were clearly exceptional young people who had great talents, and their lives were taken far too soon. That is a terrible tragedy for their families to have to bear and a huge loss not just to their families, but to their wider community, to which they were clearly contributing, in their different ways. In a moment, I will set out the reasons why that responsibility lies with the coroner, rather than the family, in cases involving an inquest, but first I want to restate the Government’s commitment to ensuring that bereaved families remain at the heart of the coroner service. With that in mind, I want to stress that I am committed to learning, both from the specific concerns we are debating tonight and from the families’ wider experience of the formal processes following the Manchester Arena attack.

But now let me explain the reasons behind the existing arrangements for registering a death following an inquest and, crucially, why they differ from the registration of deaths where no inquest has taken place. The Births and Deaths Registration Act 1953 requires all death registrations to be completed by a registrar. For the majority of deaths, a “qualified informant” provides the information recorded in the register, and this is supported by a cause of death certificate provided by either a medical practitioner or a coroner. The “qualified informant” is usually a family member, and I understand that it is this role that some families, such as those of Liam and Chloe, want to be able to fulfil. But where an inquest takes place, as it has for the Manchester Arena victims, it is, by law, the inquest process itself that must establish the deceased person’s identity and the details of how, when and where they died. To ensure that the inquest and registration details fully align, it is also a legal requirement that, following the inquest, this information is provided to the registrar by the coroner. Because of these requirements, there is no further information that the family can provide for the purposes of registration, over and above what has been established by the inquest and submitted by the coroner. I understand, of course, that the families whom the hon. Members for South Shields and for Garston and Halewood are representing, and others like them, want to have a role in the registration of their loved one’s death. So I also understand why they are pressing for a change in the law to support that. I can assure both hon. Members and the House more widely that I am actively following up on my commitment to consider, as quickly as possible, whether there might be an appropriate solution to this difficult and sensitive issue, with which I have real sympathy.

We must also remember that, as the hon. Member for Garston and Halewood alluded to, many bereaved families, having already experienced the inquest process, might find that the additional responsibility of registering the death adds to their distress rather than eases it. We know that to be the case in some circumstances and for some families, so choice is important. Some families may not want to have to attend the register office to be questioned again about the information they have already provided in the inquest. Some families might not be able to do so, or simply may not understand that they are expected to carry out the responsibility. We have some insight into this from the fact that a number of deaths—around 200 or so each year—remain unregistered because there has not been an inquest and the bereaved family, for whatever reason, do not follow up on the necessary process.

Given the need to balance different experiences and wishes, I have discussed with both hon. Members the possibility of providing families with the choice, rather than an obligation, to be involved in the registration arrangements. We have also discussed options relating to combining the family’s involvement with the coroner’s existing role. Those are possibilities but, as our discussion this evening has shown, this is a complex issue that involves more than one system. As such, we have to be mindful of a real concern about the potential for unintended consequences. This issue needs to be thought through carefully and sensitively. We must not make any changes that, although well-intentioned, might cause confusion or additional stress for bereaved families because of additional complexity in the system.

I absolutely reiterate my commitment to looking at this issue with the utmost priority and to keeping both hon. Members updated every step of the way. I hope that the families of Chloe and Liam will be able to take comfort from the fact that, by raising this very important issue for the sake of the loved ones they have lost, they have provided a voice not only for others bereaved by the dreadful events of five years ago but for the families who, sadly, will lose loved ones in difficult circumstances in times to come. I hope they will see this debate as part of the legacy they have been working to establish in their loved ones’ names and memories, to which I pay tribute. I also pay tribute to the charitable work that the hon. Member for South Shields set out.

In addition to looking at whether we can introduce choice for families, I will look at how information for the bereaved at inquests can be improved to ensure that the arrangements for the registration of their loved one’s death is clearly explained to them as early as possible in the investigation process—an issue we have touched on in previous conversations on this issue.

It remains for me only to thank hon. Members once again for the opportunity to discuss this issue tonight, and to say to the families of Liam and Chloe, to the constituents of the hon. Member for Garston and Halewood, and to all those affected by the terrible events of five years ago, that my thoughts are with you at this very difficult time, and for the future.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Member for South Shields (Mrs Lewell-Buck) for holding this debate and for the manner in which she presented her argument. All our thoughts are with the families and friends of the victims—those who died and those who live with injuries—of that appalling attack.

Question put and agreed to.

Nationality and Borders Bill

Debate between Nigel Evans and Tom Pursglove

Consideration of Lords amendments
Wednesday 20th April 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

I beg to move, That this House disagrees with Lords amendment 4G.

[Mr Deputy Speaker]

With this it will be convenient to discuss the following:

Lords amendment 5B, and Government motion to disagree.

Lords amendment 6B, and Government motion to disagree.

Lords amendment 7B, and Government motion to disagree.

Lords amendment 7C, and Government motion to disagree,

Lords amendment 8B, and Government motion to disagree.

Lords amendment 8C, and Government motion to disagree.

Lords amendment 53B, and Government motion to disagree.

Lords amendment 53C, and Government motion to disagree.

Lords amendment 53D, and Government motion to disagree.

Lords amendment 10B, and Government motion to disagree.

Lords amendment 11B, and Government motion to disagree.

Lords amendment 13B, and Government motion to disagree and to insist on disagreement with Lords amendment 15.

Lords amendment 20B, and Government motion to disagree.

Lords amendment 24B.

Lords amendment 25B, and Government motion to disagree.

Lords amendment 26B, and Government motion to disagree.

Before I call the Minister to speak to the Lords amendments, I must inform the House that there will be a three-minute speaking limit from the outset. That will not apply to Ministers, but they will want to be brief anyway, because they will want to be popular with Back Benchers on both sides of the House.

[Tom Pursglove]

I will be as brief as I can, Mr Deputy Speaker.

These are amendments that we have already debated, voted on and sent back to the other place, expressing our dissatisfaction with them.

The world is facing a crisis of migration. An estimated 80 million people are displaced by conflicts and instability around the world. Others seek to move in search of improved economic opportunities. Managing migration and welcoming and effectively supporting those most in need, while protecting borders and closing down the dangerous business of people smuggling is one of the difficult public policy challenges faced by any Government. That is why we have developed the new plan for immigration and this Bill, which is its legislative framework.

Amendments 8B and 8C require one or more returns agreements to be in place with a safe third country before the inadmissibility provisions in clause 15 can be brought into force. As I have said many times before, those in need of protection should claim in the first safe country they reach. The first safe country principle is widely recognised internationally.

--- Later in debate ---

[Tom Pursglove]

I will not say any more over and above that which I have already set out this afternoon. Moreover, my right hon. Friend the Home Secretary provided further detail on this yesterday, and I refer the House to the points that she made.

This bespoke international agreement is in full compliance with domestic and international law. Rwanda is a state party to the 1951 refugee convention and the seven core UN human rights conventions, with a strong history of supporting refugees. My right hon. Friend the Home Secretary made it clear yesterday that this partnership is the type of international co-operation that we need to make the global immigration system fairer, keep people safe, and give them opportunities to flourish. This is just one part of the system-wide reform that we promised to deliver in the new plan for immigration.

The objective of the Rwanda partnership announced last week is to create a mechanism for the relocation of individuals whose claims are not being considered by the UK—the inadmissible—to Rwanda, which will then process their claims. However, in future, we may wish to extend eligibility for overseas processing to those who have otherwise abused the UK’s asylum system, beyond undertaking dangerous or unnecessary journeys. That is the intention of this measure, which will make it easier for us to remove those who have pending asylum claims to another country for their claims to be processed.

Let me remind the House—I have set this out already, but it bears repeating—that the powers set out in clause 28 via schedule 3 are not new. For nearly 20 years, it has been possible under UK law to remove individuals from the UK while their asylum claim is pending if a certificate is issued under schedule 3 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. The measure in the Bill amends existing legal frameworks to make it easier to remove such individuals without going through a certification process, provided the country to which they are being removed meets the safety criteria that we have set out in the Bill. It is important to bear in mind that the asylum system is already very expensive. At an annual cost of around £1.5 billion, it is the highest in more than two decades. Every day, the cost of the broken system on hotels alone is nearly £5 million. We therefore cannot accept these amendments.

I thank hon. Members from both sides of the House for their attendance at this important debate today. I urge them to consider that this Bill is what the British people have given us a mandate to deliver and to vote with the Government to send a message to the other place that what has been proposed is not accepted by this House. The Bill secures our borders, ensures that those who need our help will receive it and, as each of us here sincerely want, will save countless lives being risked crossing the channel each and every day when people traffickers realise that this is not a viable occupation for them any more.

[Mr Deputy Speaker (Mr Nigel Evans)]

Multiple votes will begin no later than 5.48 pm.

--- Later in debate ---

[Sally-Ann Hart (Hastings and Rye) (Con)]

Thank you, Mr Deputy Speaker. I shall be quick and focus on Lords amendment 7. The question whether asylum seekers are able to undertake work after six months was raised in March, when the Bill was last debated in this House. Replying to our right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), the Under-Secretary of State for the Home Department, my hon. Friend the Member for Corby (Tom Pursglove), spoke about getting casework right. Will he confirm that the measures in the Bill, together with the UK and Rwanda economic development partnership, will mean that there should be no asylum seekers still in a state of limbo, waiting for their asylum status to be determined, after six months, and that such an amendment is therefore not needed?

[Tom Pursglove]

I thank Members across the House for their contributions to this afternoon’s debate on issues that are of the utmost importance. I would argue that there is a moral imperative to act that underpins the Government’s approach in addressing the challenges. It simply is not good enough for people to say what they do not want and what they do not like: when criticising and arguing that something is wrong, they have to present a credible alternative plan, particularly if they have ambitions to govern. This Bill delivers our comprehensive plan—the only credible plan—to address these issues. Now is the time to get on and deliver it.

[Mr Deputy Speaker (Mr Nigel Evans)]

I have to give some information before putting the Question. I have been given an indication that there is likely to be in the order of 11 Divisions this evening. Ten minutes will be allowed for the first and eight minutes for every one following, so I advise people to stay near the Lobbies. Hopefully, we will get through this as quickly as possible.

Marriage and Civil Partnership (Minimum Age) Bill

Debate between Nigel Evans and Tom Pursglove

Friday 25th February 2022 Commons Chamber

[Tom Pursglove]

Having been his Whip, I know my hon. Friend is always brimming with ideas about initiatives that the Government can take forward. He makes a rather good suggestion and it is certainly something I am mindful of and want to take away and consider. Throughout the passage of the Bill, we have heard extremely difficult testimony from individuals who have suffered the pain and trauma of these sorts of marriages. They have talked bravely about the impact that that has had on them, their families and their lives. It is important that we help them to share their stories in a way that they are comfortable with, to ensure that we drive awareness of these changes. I am always keen to do media interviews about positive announcements, as he will appreciate, but often hearing directly from survivors of this sort of unacceptable abuse is the most powerful testimony and will be inspirational in generating that greater awareness, ensuring that people know exactly the signs to spot and articulating the measures that we are taking to clamp down on this.

On the Scotland and Northern Ireland plea, I must respect that the devolved Administrations are independent. Indeed, we have taken great care to respect the devolution settlement, hence the amendments made today, ensuring that the law covers only those situations where there is a clear link to England and Wales. We in England and Wales are levelling up, tackling the awful practice of child marriage. I have put on the record in the House, and will repeat now, my wholehearted hope that Scotland and Northern Ireland will follow our lead. Colleagues in Edinburgh and Belfast cannot fail to have heard the unanimous backing for these vital measures in the House. We have all committed to eliminating child marriage by 2030 under the UN sustainable development goals. Setting a strong example at home will also help to tackle the issue globally. Leadership by example is crucial in that regard.

I have no doubt that the passionate campaign that we have seen in Westminster will now focus its energies on Edinburgh and Belfast with great vigour. I hope that Scottish and Northern Irish colleagues in this House, from all parties, will want to take this forward and champion the agenda in the devolved areas. That is important advocacy. They ought to consider taking up that baton to help the campaign in any way they can.

In closing, I reiterate my thanks to my hon. Friend the Member for Mid Derbyshire for introducing this important Bill. I also reiterate, wholeheartedly, the Government’s support for it. It is an enormous privilege to be the victims Minister. One reason for that is that I come across exceptional people who have been through so much and show great courage, despite the trauma, distress, sadness, hurt and upset that they feel. Often, they put others first to ensure that the harm, suffering and distress that they feel does not happen to others. A remarkable group of people have been involved in this work and I wish briefly to pay tribute to and thank them. Naomi, Natasha, Farhana, Sara, Payzee, Charlotte, Lubna and Nana—thank you for the work you have done on this issue. Your advocacy has been extraordinary. I have no doubt that the work that you have done, the courage that you have shown and the effort that you have put in will change the lives of thousands of young people in our country for the better.

I am delighted that we are joined in the House today by the Lathams. I thank Derek, Tracey, Poppy and Harry for your superb support for wife, for mum, for grandma who has done something very special. We are hugely grateful to her and incredibly proud of her, and I know that you will be as well. We just all join in that tribute.

This may not be a long Bill, but the impact is far-reaching, and many lives will be changed for the better because of it. On what is a dark day in our world, this is a chink of light and one that all of us in this House and across the country can welcome. With that, I thank my officials for the work that they have done to bring this forward: the Bill manager, Alice Harrison; Andrew Lewis; Rachel Stark; Nichola Henderson; and Joanna Norris as well as those in my private office, particularly Thomas McDonald, and Minister Maclean’s private office as well. Everybody who has been involved in the Bill can be incredibly proud of it. I wish it a speedy passage through the House of Lords and I commend it to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

It is now my pleasure to call my friend who apparently is going to give her name to an Act—perhaps.

Animal Testing

Debate between Nigel Evans and Tom Pursglove

Thursday 16th December 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

I thank the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) for securing this important debate and for her kind festive wishes, which are very much reciprocated to her and her family. I am grateful to her and to all colleagues who have raised concerns about this issue in previous debates and in correspondence with Ministers and in various questions for those contributions.

I have the privilege of closing today’s debate on behalf of the Minister responsible for animals in science. In so doing, I would like to thank the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Mid Norfolk (George Freeman), for closing a Westminster Hall debate on this subject on 25 October. He provided a thorough account of the Government’s position on that occasion, and I hope that I can build on his commentary in my remarks today.

This is an evocative topic. The strength of feeling it generates is entirely understandable and I do not seek to minimise that in any way; I am exceptionally mindful of it. What we absolutely must do when discussing this issue is ensure that our discussions are rooted firmly in the evidence. The use of animals in science lies at the intersection of two important public goods: the benefits to humans, animals and the environment from the use of animals in science; and the UK’s proud history of support for the highest possible standards of animal welfare. I note the hon. Lady’s point that the UK ought to be a world leader. I argue that one of the important contributions that have we made, including when we were a member of the European Union, was that the European directive for the protection of animals used in science was built upon and developed directly on the back of the Animals (Scientific Procedures) Act 1986, so UK legislation was very much at the forefront when it came to shaping safeguards and regulation in this policy space.

The balance between those two public goods is reflected in the UK’s robust regulation of the use of animals in science through a dedicated Act and our strength in science and innovation. The Animals (Scientific Procedures) Act, which I have mentioned, specifies that animals can be used in science only for specific limited purposes where there are no alternatives, and provides protection for these animals through the legal requirement to apply the principles known as the 3Rs—replacement, reduction and refinement. The Government are committed to maintaining robust regulatory standards, and to investing in alternatives to animals. I agree with the hon. Lady that that is very much something that the British people want to see happen, which is why we, as a Government, are committed to the three Rs. When we are considering the ongoing need for the use of animals in science, it is essential to look at the impact that would result if it were not possible. Animal testing and research play a vital role in the understanding of how biological systems work in health and disease. They support the development of new medicines and cutting-edge medical technologies, for humans and animals, and they support the safety and sustainability of our environment. From new vaccines and medicines to transplant procedures, anaesthetics and blood transfusions, animal research has helped us to make life-changing discoveries and advances with enormous benefits for society. Indeed, the development of the covid-19 vaccine, like that of all vaccines, was made possible at least in part because of the use of animals in research.

Animal testing is required by all global medicines regulators, including the UK’s Medicines and Healthcare products Regulatory Agency. That testing is essential to protect human health and safety. Without the testing of potential medicines on animals, the development, registration and marketing of new, safe, and effective medicines would not be possible.

Although much research can be done with non-animal models, there are still purposes for which it is essential to use live animals, as the complexity of whole biological systems cannot always be replicated with the use of validated non-animal methodologies. That is especially the case when the safety of humans and animals needs to be ensured. Ours is a nation that rightly gives strong support to animal welfare, and I think it fair to say that it is a country of animal lovers, but let us not confuse the issues. I will be clear: animals are only ever used in science when there is a legally permissible purpose that is for the benefit of humans, animals themselves, or the environment. We authorise the use of animals only when the harms caused to the animals are justified by the likely expected benefits, and when there are no non-animal alternatives. We issue licences only when pain, suffering, distress and lasting harm have been minimised to the degree needed to meet the scientific research objectives. There are, of course, various levels and layers of safeguards in respect of this work.

There are three commonly cited but incorrect statements about the use of animals in science. The first is that the use of animals in science is not necessary because all the benefits can be achieved through the use of non-animal methodologies. The second is that the use of animals in science is not valid or useful primarily because data acquired from animal testing cannot predict the experience of humans or other animals. The third is that many potential medicines fail during development, and that this demonstrates that animal testing is not useful or necessary in drug development.

Let me deal first with the claim that there are alternatives to using animals for all purposes. Although scientific progress has meant that many scientific objectives can be achieved without the use of animals, there are still areas in which that is not possible. One example is the assessment of what is described as the “reproductive toxicity” of a chemical or potential new medicine. That means understanding whether a chemical causes abnormalities in fertility, abnormal development of offspring, or even problems with the fertility of the offspring of those exposed to such a chemical. Although some initial screening tests for that purpose can be performed without the use of animals, animal tests are still necessary for the assessments. Such tests have prevented the further development or marketing of substances that would have had significant negative impacts on fertility or developing embryos.

Let me now deal with the second point. Animal models are constantly improving to become more accurate and predictive, and scientists understand progressively more about which biological systems in which animals offer the most scientifically valid results. Improvements in the understanding of the genomes of animals and humans have been critical to ensuring that scientific research in animals is understood and applied appropriately. Data from animal experiments are constantly fed into computer models that analyse their predictivity and enable scientists to use animal models in increasingly smarter and more predictable ways.

As for the third claim—that many drugs fail during development, and that this shows that animal testing is not useful or necessary—although it is correct to assert that there is a high attrition rate in drug development, there are many reasons why drugs that are assessed as potentially effective and safe in animals do not progress to the market, including commercial reasons. Although there are always some effects in humans that cannot be accurately predicted in animals, animal studies are successfully used to characterise toxic effects of potential medicines with respect to the target organs that may be affected, and to understand how such effects vary with the dose of the substance administered. Additional information can be obtained about whether toxic effects seen can be reversed. This information allows for the identification of factors that can be monitored to assess adverse effects from potential new medicines in their first clinical trials and to establish the first dose that can safely be given in these studies. This is a critical part of protecting the safety of the participants in these studies.

Results from animal studies are therefore used as the basis for extrapolation to indicate and manage possible risks to humans. Thus, animal testing is considered not in a stand-alone context but as part of an integrated set of evidence from a variety of sources, including non-animal testing. Should animal testing not occur, more potential medicines would not progress to market, resources would be spent on potential medicines that would have been excluded through animal testing and the risk to humans in clinical trials would be considerably higher.

I commend the hon. Lady for the passion with which she speaks on these matters and the constructive approach and tone that she has taken in this debate, and which I know she will continue to take in raising these matters. I can assure her that the UK aims to be a world leader in the development of, and access to, new and innovative treatments and technologies. We must continue to protect the health of humans, animals and the environment. To achieve these important outcomes, we will continue—until such time as alternatives are achieved for all purposes—to need to use animals in science, but it is right that robust checks and balances should be in place. Importantly, while achieving these outcomes is critical, this Government also remain committed to robust regulation of the use of animals in science through enforcement of the Animals (Scientific Procedures) Act, and to the funding, development and promotion of non-animal alternatives. That is something I know all of us in this House and in our country want to see delivered.

In closing, Mr Deputy Speaker, I should like to thank you, Mr Speaker and the terrific team of Deputy Speakers for everything that you do. I should also like to thank the Clerks, the staff of the House and of course the Doorkeepers. As the final Minister to speak at the Dispatch Box this year, I also want to say an enormous thank you to the officials who have been working tirelessly across Government, particularly during the challenges of the pandemic, which is of course ongoing. I also want to thank those in my private office and my parliamentary staff, without whom I could not do the work that I do. As a Home Office Minister, I would also like to thank and send my best wishes to our emergency services workers and all those working on the frontline this Christmas and new year. And perhaps most importantly for me, I want to thank the good people of Corby and east Northamptonshire, without whom I would not be here.

[Mr Deputy Speaker (Mr Nigel Evans)]

On behalf of the Speaker and the three Deputies, I wish everybody listening a very merry Christmas and a happy 2022. It is now my duty for the final time this year—hopefully, I pray—to put the Question.

Question put and agreed to.

Nationality and Borders Bill

Debate between Nigel Evans and Tom Pursglove

Report stage
Tuesday 7th December 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

New clause 1—Prescribed period under section 94(3) of the Immigration and Asylum Act 1999—

‘(1) The Asylum Support Regulations 2000 (S.I. 2000/704) are amended as follows.

(2) In regulation 2(2) (interpretation) for “28” substitute “56”.

(3) Subject to subsection (4), this section does not prevent the Secretary of State from exercising the powers conferred by the Immigration and Asylum Act 1999 to prescribe by regulations a different period for the purposes of section 94(3) (day on which a claim for asylum is determined) of that Act.

(4) The Secretary of State may not prescribe a period less than 56 days where regulation 2(2A) of the Asylum Support Regulations 2000 (S.I. 2000/704) applies.’

When an individual is granted refugee status, their eligibility to Home Office financial support and accommodation currently ends after a further 28 days. This new clause would extend that period to 56 days or allow the Secretary of State to set a longer period.

New clause 9—Settled and pre-settled status under EU settlement scheme: certification—

‘(1) Within granting a person settled status or pre-settled status under the EU settlement scheme, the Secretary of State must require the provision of a physical certificate to that person.

(2) The certificate mentioned in subsection (1) must confirm that the relevant person has the relevant status (settled status or pre-settled status).’

This new clause would require the Government to issue a physical certificate when granting settled status or pre-settled status under the EU settlement scheme, allowing all those with such status to provide documentary proof.

New clause 10—Asylum visa for persons in France—

‘(1) On an application by a person (“P“) to the appropriate decision-maker for entry clearance, the appropriate decision-maker must grant P entry clearance if he is satisfied that P is a relevant person.

(2) For the purposes of paragraph (1), P is a relevant person if—

(a) P is in France on the date of application;

(b) P is not a national of a member State of the European Union or a national of Liechtenstein, Iceland, Norway or Switzerland;

(c) P intends to make a protection claim in the United Kingdom;

(d) P‘s protection claim, if made in the United Kingdom, would have a realistic prospect of success; and

(e) there are good reasons why P’s protection claim should be considered in the United Kingdom.

(3) For the purposes of paragraph (2)(e), in deciding whether there are good reasons why P‘s protection claim should be considered in the United Kingdom, the appropriate decision-maker shall take into account—

(a) the relative strength of P‘s family and other ties to the United Kingdom;

(b) the relative strength of P‘s family and other ties to France;

(c) P‘s mental and physical health and any particular vulnerabilities that P has; and

(d) any other matter that the appropriate decision-maker thinks relevant.

(4) For the purposes of an application under paragraph (1), the appropriate decision-maker must waive any of the requirements in paragraph (5) if satisfied that P cannot reasonably be expected to comply with them.

(5) The requirements in this paragraph are—

(a) any requirement prescribed (whether by immigration rules or otherwise) under section 50 of the Immigration, Asylum and Nationality Act 2006; and

(b) any requirement prescribed by regulations made under sections 5, 6, 7 or 8 of the UK Borders Act 2007 (biometric registration).

(6) No fee may be charged for the making of an application under paragraph (1).

(7) An entry clearance granted pursuant to paragraph (1) shall have effect as leave to enter for such period, being not less than six months, and on such conditions as the Secretary of State may prescribe by order.

(8) Upon a person entering the United Kingdom (within the meaning of section 11 of the Immigration Act 1971) pursuant to leave to enter given under paragraph (7), that person shall be deemed to have made a protection claim in the United Kingdom.

(9) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(10) After paragraph 30(1)(b) of Part 1 of Schedule 1 insert— “; or

(c) are conferred by or under sections [Asylum visa for persons in France] and [Right of appeal against France asylum visa refusal] of the Nationality and Borders Act 2022.”

(11) In this section and in section [Right of appeal against France asylum visa refusal]—

“appropriate decision-maker” means a person authorised by the Secretary of State by rules made under section 3 of the Immigration Act 1971 to grant an entry clearance under paragraph (1);

“entry clearance” has the same meaning as in section 33(1) of the Immigration Act 1971;

“protection claim”, in relation to a person, means a claim that to remove him from or require him to leave the United Kingdom would be inconsistent with the United Kingdom’s obligations—

(a) under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention;

(b) in relation to persons entitled to a grant of humanitarian protection; or

(c) under Articles 2 or 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950.’

This new clause would provide for a person in France to be granted entry clearance to allow them to claim asylum in the UK in certain circumstances.

New clause 11—Right of appeal against France asylum visa refusal—

‘(1) If an application by a person (“P“) for entry clearance under clause [Asylum visa for persons in France] is refused by the appropriate decision-maker, P may appeal to the First-tier Tribunal against the refusal.

(2) The following provisions of, or made under, the Nationality, Immigration and Asylum Act 2002 have effect in relation to an appeal under these Regulations to the First-tier Tribunal as if it were an appeal against a decision of the Secretary of State under section 82(1) of that Act (right of appeal to the Tribunal)—

(a) section 84 (grounds of appeal), as though the sole permitted ground of appeal was that the appropriate decision-maker was wrong to conclude that P was not a relevant person;

(b) section 85(1) to (4) (matters to be considered);

(c) section 86 (determination of appeal);

(d) section 105 and any regulations made under that section; and

(e) section 106 and any rules made pursuant to that section.

(3) In an appeal under this section, the First-tier Tribunal—

(a) shall allow the appeal if it is satisfied that P is a relevant person; and

(b) shall otherwise dismiss the appeal.

(4) In an appeal under this section, in deciding whether there are good reasons why P‘s protection claim should be considered in the United Kingdom, the First-tier Tribunal shall apply section [Asylum visa for persons in France] (3) as though for the words “appropriate decision-maker” there were substituted the words “First-tier Tribunal”.’

This new clause would allow a person whose application for entry clearance under clause [Asylum visa for persons in France] has been rejected to appeal to the First-tier Tribunal.

New clause 12—Residence permits: recourse to public funds—

‘Within two months of this Act being passed, the Secretary of State must by regulations ensure that anyone holding a valid UK residence permit has recourse to public funds.’

Under this new clause, everyone holding a UK residence permit (many of whom currently have no recourse to public funds) would have recourse to public funds.

New clause 13—Undocumented migrants: access to work and services—

‘(1) The Immigration Act 2014 is amended as follows.

(2) Omit sections 20 to 47.

(3) The Immigration Act 2016 is amended as follows.

(4) Omit sections 1 to 45.’

This new clause would repeal the sections of the 2014 and 2016 Immigration Acts which sought to further restrict undocumented migrants’ access to work and services.

New clause 14—Immigration health surcharge: abolition—

‘Within two months of this Act being passed, the Secretary of State must amend the Immigration (Health Charge) Order 2015 in such a way as to abolish the immigration health surcharge.’

This new clause would require the Secretary of State to abolish the immigration health surcharge.

New clause 15—Time limit on immigration detention—

‘(1) This section applies to any person (“P”) who is liable to detention under a relevant detention power.

(2) P may not be detained under a relevant detention power for a period of more than 28 days from the relevant time.

(3) If P remains detained under a relevant detention power at the expiry of the period of 28 days then—

(a) P shall be released forthwith; and

(b) P may not be detained under a relevant detention power thereafter, unless the Secretary of State or an immigration officer, as the case may be, is satisfied that there has been a material change of circumstances since P’s release and that the criteria in section [Initial detention: criteria and duration](1) are met.

(4) In this section, “relevant detention power” means a power to detain under—

(a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);

(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation);

(c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal); or

(d) section 36(1) of the UK Borders Act 2007 (detention pending deportation).

(5) In this section, “relevant time” means the time at which P is first detained under a relevant detention power.

(6) This section does not apply to a person in respect of whom the Secretary of State has certified that the decision to detain is or was taken in the interests of national security.’

This new clause would prevent people who are liable to detention under a relevant power from being detained for longer than 28 days.

New clause 16—Initial detention: criteria and duration—

‘(1) A person (“P”) to whom section [Time limit on immigration detention] applies may not be detained under a relevant detention power other than for the purposes of examination, unless the Secretary of State or an immigration officer, as the case may be, is satisfied that—

(a) P can be shortly removed from the United Kingdom;

(b) detention is strictly necessary to effect P’s deportation or removal from the United Kingdom; and

(c) the detention of P is in all the circumstances proportionate.

(2) P may not be detained under a relevant detention power for a period of more than 96 hours from the relevant time, unless—

(a) P has been refused bail at an initial bail hearing in accordance with subsection (5)(b) of section [Bail hearings]; or

(b) the Secretary of State has arranged a reference to the Tribunal for consideration of whether to grant immigration bail to P in accordance with subsection (2)(c) of section [Bail hearings] and that hearing has not yet taken place.

(3) Nothing in subsections (1) or (2) authorises the Secretary of State to detain P under a relevant detention power if such detention would, apart from this section, be unlawful.

(4) In this section, “Tribunal” means the First-Tier Tribunal.

(5) In this section, “relevant detention power” and “relevant time” have the meanings given in section [Time limit on immigration detention].’

This new clause sets out the circumstances in which a person to whom NC15 applies may be held in initial detention, and the maximum duration of such detention.

New clause 17—Bail hearings—

‘(1) This section applies to any person (“P”) to whom section [Time limit on immigration detention] applies and who is detained under a relevant detention power.

(2) Before the expiry of a period of 96 hours from the relevant time, the Secretary of State must—

(a) release P;

(b) grant immigration bail to P under paragraph 1 of Schedule 10 to the Immigration Act 2016; or

(c) arrange a reference to the Tribunal for consideration of whether to grant immigration bail to P.

(3) Subject to subsection (4), when the Secretary of State arranges a reference to the Tribunal under subsection (2)(c), the Tribunal must hold an oral hearing (“an initial bail hearing”) which must commence within 24 hours of the time at which the reference is made.

(4) If the period of 24 hours in subsection (3) ends on a Saturday, Sunday or Bank holiday, the Tribunal must hold an initial bail hearing on the next working day.

(5) At the initial bail hearing, the Tribunal must—

(a) grant immigration bail to P under paragraph 1 of Schedule 10 to the Immigration Act 2016; or

(b) refuse to grant immigration bail to P.

(6) Subject to subsection (7), the Tribunal must grant immigration bail to P at a bail hearing unless it is satisfied that the Secretary of State has established that the criteria in subsection 1 of section [Initial detention: criteria and duration] are met and that, in addition—

(a) directions have been given for P’s removal from the United Kingdom and such removal is to take place within 14 days;

(b) a travel document is available for the purposes of P’s removal or deportation; and

(c) there are no outstanding legal barriers to removal.

(7) Subsection (6) does not apply if the Tribunal is satisfied that the Secretary of State has established that the criteria in subsection 1 of section [Initial detention: criteria and duration] above are met and that there are very exceptional circumstances which justify maintaining detention.

(8) In subsection (6), “a bail hearing” includes—

(a) an initial bail hearing under subsection (2); and

(b) the hearing of an application for immigration bail under paragraph 1(3) of Schedule 10 of the Immigration Act 2016.

(9) In this section, “Tribunal” means the First-Tier Tribunal.

(10) The Secretary of State shall provide to P or to P’s legal representative, not more than 24 hours after the relevant time, copies of all documents in the Secretary of State’s possession which are relevant to the decision to detain.

(11) At the initial bail hearing, the Tribunal shall not consider any documents relied upon by the Secretary of State which were not provided to P or to P’s legal representative in accordance with subsection (10), unless—

(a) P consents to the documents being considered; or

(b) in the opinion of the Tribunal there is a good reason why the documents were not provided to P or to P’s legal representative in accordance with subsection (10).

(12) The Immigration Act 2016 is amended as follows—

(a) After paragraph 12(4) of schedule 10 insert—

“(4A) Sub-paragraph (2) above does not apply if the refusal of bail by the First tier Tribunal took place at an initial bail hearing within the meaning of section [Bail hearings] of the Sovereign Borders Act 2021.”.’

In respect of people to whom NC15 applies, this new clause would require the Secretary of State to either release them, grant immigration bail or arrange a reference to the Tribunal within 96 hours.

New clause 18—Illegal immigration: offences—

‘(1) Any person who is present in the United Kingdom without legal authority shall be guilty of an offence.

(2) Any person who enters or attempts to enter the United Kingdom without legal authority shall be guilty of an offence.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).’

This new clause would create offences in respect of persons who have entered the UK illegally or who have remained in the UK without legal authority.

New clause 19—Illegal immigration offences: deportation orders—

‘(1) Any person who is convicted of an offence under section 24 of the Immigration Act 1971 shall be subject to a deportation order unless the Secretary of State deems such a deportation order to be against the public interest.

(2) For the purposes of subsection (1) above, a deportation order shall be deemed to be in the public interest unless a certificate to the contrary has been submitted by the Secretary of State to the Court.’

New clause 21—Nation of Sanctuary—

‘(1) The Secretary of State and Welsh Ministers must jointly produce guidance setting out how measures under this Act may be exercised in a way that secures compliance with—

(a) the Welsh Government’s commitment to be a “Nation of Sanctuary”; and

(b) the plan published by the Welsh Government in January 2019 entitled “Nation of Sanctuary – Refugee and Asylum Seeker Plan”.

(2) Before issuing the guidance, the Secretary of State must—

(a) in collaboration with the Welsh Minister, prepare and consult on a draft; and

(b) publish a response to the consultation.

(3) In preparing the guidance, consideration must be given to the following matters as far as they relate to refugees and asylum seekers—

(a) conditions in asylum accommodation;

(b) access to public services;

(c) access to language support;

(d) access to education and training;

(e) employment opportunities; and

(f) access to health and social services.

(4) No guidance may be published under this section unless a draft of the guidance has been laid before and approved by Senedd Cymru.’

This new clause would require the UK and Welsh Governments to jointly produce guidance setting out how measures under this Act can be exercised in a way which is consistent with the Welsh Government’s commitment of being a Nation of Sanctuary. No guidance can be published unless it has been approved by the Senedd.

New clause 23—Illegal immigration: offences and deportation—

‘(1) Any person who travels to the United Kingdom from a safe third country and attempts to remain in the United Kingdom without lawful authority shall be guilty of an offence.

(2) A person guilty of an offence under this section is liable–

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(3) A person prosecuted for an offence under this section must be held in secure accommodation until the trial and any subsequent appeal have concluded.

(4) Following conviction for an offence under this section—

(a) a person sentenced to a fine must remain in secure accommodation until the person consents to leave the United Kingdom or until execution of a deportation order relating to the person;

(b) a person sentenced to imprisonment must be returned to secure accommodation immediately following the person’s release from prison, and must remain in secure accommodation until the person consents to leave the United Kingdom or until execution of a deportation order relating to the person.’

New clause 24—Indefinite leave to remain payments by Commonwealth, Hong Kong and Gurkha members of armed forces—

‘(1) The Immigration Act 2014 is amended as follows.

(2) In section 68(10), after “regulations” insert “must make exceptions in respect of any person with citizenship of a Commonwealth country (other than the United Kingdom) who has served at least four years in the armed forces of the United Kingdom, or any person who has served at least four years in the Royal Navy Hong Kong Squadron, the Hong Kong Military Service Corps or the Brigade of Gurkhas, such exceptions to include capping the fee for any such person applying for indefinite leave to remain at no more than the actual administrative cost of processing that application, and”.’

This new clause will ensure that Commonwealth, Hong Kong and Gurkha veterans applying for Indefinite Leave to Remain following four years of service will only pay the unit cost of an application.

New clause 26—Age assessments: restrictions—

‘(1) Age assessments under section 49 or 50 must only be undertaken if there is significant reason to doubt the age of the age-disputed person.

(2) A person conducting age assessments under section 49 or 50 must be a social worker.

(3) Age assessments must be undertaken in accordance with the Association of Directors of Children’s Services Age Assessment Guidance or equivalent guidance in the devolved jurisdictions.

(4) When an age assessment is conducted, a process must be used that allows for an impartial multi-agency approach, drawing on a range of expertise, including from—

(a) health professionals;

(b) psychologists;

(c) teachers;

(d) foster parents;

(e) youth workers;

(f) advocates;

(g) guardians; and

(h) social workers.

(5) When making regulations under section 51, the Secretary of State must not specify scientific methods unless the Secretary of State receives written approval from the relevant medical, dental and scientific professional bodies that the method is both ethical and accurate beyond reasonable doubt for assessing a person’s age.

(6) Any organisation developed to oversee age assessments must be independent of the Home Office.’

This new clause would place various restrictions on the use of age assessments.

New clause 27—Unaccompanied refugee children: relocation and support—

‘(1) The Secretary of State must, within six months of the date of Royal Assent to this Act, make arrangements to relocate to the United Kingdom and support a specified number of unaccompanied refugee children from other countries in the European Union.

(2) The number of children to be resettled under subsection (1) shall be determined by the Government in consultation with local authorities.

(3) The relocation of children under subsection (1) shall be in addition to the resettlement of children under any other resettlement scheme.’

This new clause introduces a safe route for unaccompanied children from countries in the European Union to come to the UK.

New clause 28—Immigration health surcharge: exemption for international volunteers—

‘(1) Part 3 of the Immigration Act 2014 is amended as follows.

(2) After section 38, insert—

“38A Immigration health surcharge: exemption for international volunteers

(1) A charge under section 38 may not be imposed on persons who have leave to enter, or to remain in, the United Kingdom through a visa to work voluntarily for a period of no more than 12 months, or for such period as may be prescribed by regulations, for a registered UK charity advancing the charity’s primary purpose.

(2) A statutory instrument containing regulations under this section must not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”’

This new clause would ensure that international volunteers, including those working in health and social care, will be exempt from paying the immigration health surcharge.

New clause 29—Immigration Rules: entry to seek asylum and join family—

‘(1) Within six months of this Act being passed, under the power in section 3(2) of the Immigration Act 1971, the Secretary of State shall lay before Parliament rules making provision for the admission of persons coming for the purpose of seeking asylum.

(2) These rules shall make provision for admitting persons who have a family member in the United Kingdom who is ordinarily and lawfully resident in the United Kingdom.

(3) For the purposes of this section, a “family member” means a grandchild, child, parent, grandparent, sibling, uncle or aunt.’

This new clause would require the Government to make provision within the Immigration Rules for people to be admitted to the UK for the purposes of seeking asylum where they have a family member in the UK.

New clause 31—Route to settlement for children and young people who arrived in the UK as minors—

‘(1) Within twelve months of this Act being passed, the Secretary of State must amend the Immigration Rules so that – for persons to whom this section applies – the requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that—

(a) the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 60 months;

(b) the applicant meets the requirements of paragraph 276ADE(1) of the Immigration Rules or, in respect of the requirements in paragraph 276ADE(1)(iv) and (v) of those Rules, the applicant met the requirements in a previous application which led to a grant of limited leave to remain under paragraph 276BE(1) of those Rules.

(2) This section applies to—

(a) persons who have been granted limited leave to remain on the grounds of private life in the UK because at the time of their application—

(i) they were under the age of 18 years and had lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not have been reasonable to expect them to leave the UK;

(ii) they were agreed 18 years or above and under 25 years and had spent over half their life living continuously in the UK (discounting any period of imprisonment).

(b) persons—

(i) who were granted leave to remain outside the rules on the basis of Article 8 of the European Convention on Human Rights; and

(ii) who arrived in the UK as a minor.

(c) any dependants of a person to whom paragraph (a) or (b) applies.’

Under this new clause, the route to settlement would be shortened from ten years to five years for children and young people who arrived in the UK as minors and have leave to remain on the basis of having grown up in the UK.

New clause 32—Compatibility of Part 2 with the Refugee Convention—

‘(1) The provisions in Part 2 of this Act and any subordinate legislation made under Part 2 are, so far as it is possible to do so, to be read and given effect in a way which is compatible with the Refugee Convention.

(2) Where a court is required to determine whether a provision of this part, or any subordinate legislation made under it, is compatible with the Refugee Convention, and is satisfied that it is not, then it must make a declaration to this effect.

(3) In this section, “court” has the same meaning as in section 4 of the Human Rights Act 1998.’

This new clause would ensure provisions of Part 2 were read as far as possible in a manner consistent with the Refugee Convention, and where that was not possible, this was declared by the Courts.

New clause 35—Refugee Family Reunion—

‘(1) Within six months of this Act coming into force, rules must be laid down by the Secretary of State under section 3(2) of the Immigration Act 1971 to allow any person (“P”) who has been recognised as a refugee in the United Kingdom to sponsor—

(a) any child of P under the age of 25, who was either under the age of 18 or unmarried at the time P left the country of P’s habitual residence in order to seek asylum;

(b) any parent of P;

(c) any sibling of P under the age of 25, who was either under the age of 18 or unmarried at the time P left the country of P’s habitual residence in order to seek asylum; to join them in the UK.’

This new clause would expand the range of family members who can apply to be reunited with a refugee in the United Kingdom.

New clause 36—Asylum dispersal – analysis of costs to dispersal authorities—

‘(1) Within six months of this Act coming into force, the Secretary of State must lay before both Houses of Parliament a report analysing of the costs incurred by local authorities for undertaking the role of asylum dispersal authorities.

(2) The report under subsection (1) must include a summary of submissions made by—

(a) local authorities who act as asylum dispersal authorities, and

(b) organisations acting on behalf of the local authorities.

(3) The report under subsection (1) must set out the Secretary of State’s proposals for reimbursing the costs incurred by asylum dispersal authorities.’

This new clause would require the Secretary of State to lay before Parliament an analysis of the costs incurred by local authorities who host dispersed asylum seekers, and proposals for reimbursing them.

New clause 37—Independent Asylum Agency—

‘Within 12 months of this Act coming into force, the Secretary of State must lay before Parliament proposals for an independent asylum agency with responsibility for deciding applications for refugee status, and related protection claims.’

New clause 38—Instructions to the Migration Advisory Committee—

‘Within two months of this Act coming into force, the Secretary of State must instruct the Migration Advisory Committee to undertake the following work—

(a) a review of the minimum income requirements for leave to enter and remain as a family member of persons who are British citizens or settled in the United Kingdom; and

(b) a report making detailed recommendations on the design of a work visa for remote areas.’

This new clause would require the Secretary of State to instruct the MAC to undertake work reviewing the minimum income requirements for family visas; and on the design of a remote areas visa scheme.

New clause 40—Immigration Rules since December 2020: report on effects—

‘(1) Before this Act comes into force, the Secretary of State must commission and lay before Parliament an independent report on the effects of its Immigration Rules on the UK economy and public services since December 2020.

(2) The areas to be covered by the report must include but are not limited to—

(a) food supply;

(b) fuel supply;

(c) hospitality and tourism;

(d) NHS;

(e) social care; and

(f) construction.’

This new clause would require the Government to commission and publish an independent report on the effects of its Immigration Rules on the UK economy and public services since December 2020.

New clause 41—Asylum seekers’ right to work—

‘The Secretary of State must make regulations providing that adults applying for asylum in the United Kingdom may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within 3 months of the date on which it was recorded.’

This new clause would require the Secretary of State to make regulations enabling asylum seekers to work once they have been waiting for a decision on their claim for 3 months or more.

New clause 42—Refugee family reunion—

‘(1) The Secretary of State must, within 6 months of the date of Royal Assent to this Act, lay before Parliament a statement of changes in the rules (the “immigration rules”) under section 3(2) of the Immigration Act 1971 (general provisions for regulation and control) to make provision for refugee family reunion, in accordance with this section, to come into effect after 21 days.

(2) Before a statement of changes is laid under subsection (1), the Secretary of State must consult with persons he or she deems appropriate.

(3) The statement laid under subsection (1) must set out rules providing for leave to enter and remain in the United Kingdom for family members of a person granted refugee status or humanitarian protection.

(4) In this section, “refugee status” and “humanitarian protection” have the same meaning as in the immigration rules.

(5) In this section, “family members” include a person’s—

(a) parent, including adoptive parent;

(b) spouse, civil partner or unmarried partner;

(c) child, including adopted child, who is either—

(i) under the age of 18, or

(ii) under the age of 25 but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum;

(d) sibling, including adoptive sibling, who is either—

(i) under the age of 18, or

(ii) under the age of 25, but was either under the age of 18 or unmarried at the time the person granted asylum left their country of residence to seek asylum; and

(e) such other persons as the Secretary of State may determine, having regard to—

(i) the importance of maintaining family unity,

(ii) the best interests of a child,

(iii) the physical, emotional, psychological or financial dependency between a person granted refugee status or humanitarian protection and another person,

(iv) any risk to the physical, emotional or psychological wellbeing of a person who was granted refugee status or humanitarian protection, including from the circumstances in which the person is living in the United Kingdom, or

(v) such other matters as the Secretary of State considers appropriate.

(6) For the purpose of subsection (5)—

(a) “adopted” and “adoptive” refer to a relationship resulting from adoption, including de facto adoption, as set out in the immigration rules;

(b) “best interests” of a child shall be read in accordance with Article 3 of the 1989 UN Convention on the Rights of the Child.’

This new clause would make provision for leave to enter or remain in the UK to be granted to the family members of refugees and of people granted humanitarian protection.

New clause 44—Safe and legal routes—

‘(1) The Secretary of State must, within 30 days of the date of Royal Assent to this Act and annually thereafter, publish a report on—

(a) all current safe and legal asylum routes to the United Kingdom,

(b) the eligibility criteria for legal entry into the United Kingdom, and

(c) details of the application process.

(2) The Secretary of State must publish a report on its resettlement target of refugees per year, and report on this every year.’

This new clause would require the Secretary of State to publish a summary of safe and legal routes to refuge in the UK each year, alongside their eligibility criteria and application process. It would also commit the UK and Secretary of State to publishing its resettlement targets, and reporting on this annually.

New clause 45—Asylum seekers: employment—

‘(1) The Immigration Rules, as laid before Parliament under section 3(2) of the Immigration Act 1971, are amended as follows.

(2) In paragraphs 360 and 360C (right to request permission to take up employment) for “one year” substitute “six months”.

(3) Omit paragraphs 360A and 360D (which place restrictions on the employment that may be taken up).

(4) After paragraph 360E insert—

360F (none) In paragraphs 360 to 360E, the terms “asylum applicant” and “individual” mean—

(a) a principal applicant, or

(b) an adult dependant of a principal applicant in accordance with paragraph 349.”’

This new clause would permit asylum seekers waiting for more than six months for a decision on their claim to take up employment.

New clause 46—Shortage Occupation List—

‘(1) Before a Minister of the Crown makes any changes to the Immigration Rules Appendix Shortage Occupation List as provided for by the Immigration Rules, the Secretary of State must—

(a) consult each devolved authority on proposed changes, and seek their consent; and

(b) lay before Parliament an independent impact assessment of the proposed changes including, but not limited to, the submissions received from the devolved authorities under paragraph (a).

(2) If a devolved authority does not provide the consent sought under subsection (1)(a), the Minister of the Crown may not proceed with the changes.

(3) In this section “devolved authority” means the Scottish Ministers, the Welsh Ministers or a Northern Ireland department.’

This new clause would require the Secretary of State to consult and receive the consent of the devolved governments before making changes to the Shortage Occupation List in order to ensure that it allows additional flexibility and reflects the different needs of each nation.

New clause 48—Family reunion and resettlement: unaccompanied minors—

‘(1) The Secretary of State must, within a period of six months beginning with the day on which this Act is passed, amend the Immigration Rules in order to ensure that an unaccompanied minor seeking asylum in the EEA who has a family member present in the United Kingdom is entitled to claim asylum in the United Kingdom.

(2) For the purposes of this section, “family member” includes—

(a) a parent or guardian of the applicant;

(b) an aunt, uncle or grandparent of the applicant;

(c) a sibling of the applicant;

(d) the spouse of the applicant;

(e) an unmarried partner with whom the applicant is in a stable relationship; or

(f) any children of the applicant.’

This new clause would allow unaccompanied children to have access to family reunion with close relatives in the UK.

New clause 49—Co-operation with European Union on family reunion arrivals and safe returns—

‘(1) The Secretary of State must, within a period of six months beginning with the day on which this Act is passed, produce a report setting out a negotiating mandate for an agreement with the European Union setting out protocols for identifying the state responsible for determining an asylum application using a hierarchy of criteria, including but not limited to—

(a) family unity,

(b) possession of residence documents or visas,

(c) irregular entry or stay, and

(d) visa-waived entry.

(2) The Secretary of State must lay the report before each House of Parliament.’

This new clause would require the Government to produce a negotiating mandate setting out a proposed reciprocal arrangement with the European Union for safe returns and safe legal routes, to cover the issues previously covered by the Dublin III agreement which has now ended.

New clause 50—Advertising assistance for unlawful immigration to the United Kingdom—

‘(1) It is an offence to advertise by any means, including using social media, services designed to facilitate the commission of an offence under section 25 of the Immigration Act 1971.

(2) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.’

New clause 51—Afghan Citizens Resettlement Scheme—

‘(1) The Secretary of State must make regulations setting out the terms of a resettlement scheme for Afghan citizens known as the Afghan Citizens Resettlement Scheme (“ACRS”).

(2) There must be provisions within the ACRS to allow those who are fleeing persecution and have family members in the UK to apply for the Scheme.

(3) For the purposes of this section, “family member” includes—

(a) the spouse of the applicant;

(b) an unmarried partner with whom the applicant is in a stable relationship;

(c) any children of the applicant;

(d) a parent or guardian of the applicant;

(e) an aunt, uncle or grandparent of the applicant; or

(f) a sibling of the applicant.

(4) Regulations under this section must be made and the ACRS must come into force within 30 days from the date of Royal Assent to this Act.’

This new clause will place the Afghan Citizens Resettlement Scheme on a statutory footing and ensure that it includes provisions for a family reunion route within it.

New clause 52—Non-UK service personnel: waiver of fees—

‘(1) The Secretary of State must, within six months of the date of Royal Assent to this Act, make regulations exempting relevant persons from the payment of fees in respect of the exercise of functions in connection with immigration or nationality under section 68 of the Immigration Act 2014.

(2) For the purposes of this section, “relevant persons” are persons who—

(a) do not hold British citizenship and are serving or have in the past served in the UK armed forces for a minimum period of five years; or

(b) are dependents of persons identified in paragraph (a).’

Amendment 8, page 14, line 4leave out clause 11.

This amendment would remove clause 11, which provides for the differential treatment of refugees depending on their method of arrival in the UK.

Amendment 114, in clause 11, page 15, line 2, at end insert—

‘(7A) Notwithstanding subsections (5) and (6), a person listed in subsection (7B) must not be treated differently from a Group 1 refugee and in particular—

(a) must not face a restriction on their leave to enter compared to any Group 1 refugee;

(b) must have access to indefinite leave to remain on the same basis as any Group 1 refugee;

(c) must not have no recourse to public funds conditions attached to any leave to enter or remain given to them; and

(d) must have access to family reunion on the same basis as Group 1 refugees.

(7B) Subsection (7A) applies to—

(a) an Afghan national who is a refugee because they face a risk of persecution in Afghanistan;

(b) a Syrian national who is a refugee because they face a risk of persecution in Syria;

(c) a Uighur who is a refugee because they face a risk of persecution in China;

(d) a Christian convert who is a refugee because they face a risk of persecution in their country of nationality; or

(e) other persons who are refugees because they are outside of their country of nationality for fear of persecution for a Convention reason as set out in article 1 of the Refugee Convention.’

This amendment would prevent the Secretary of State from treating Afghans, Syrians, Uighurs and Christian converts and other people who are refugees at risk of persecution, differently from Group 1 refugees.

Government amendments 19 to 25.

Amendment 132, in clause 15, page 18, leave out lines 27 to 39 and insert—

“(a) there are in law and in practice—

(i) appropriate reception arrangements for asylum seekers;

(ii) sufficient protection against serious harm and violations of fundamental rights;

(iii) protection against refoulement and removal in violation of Article 3 of the European Convention on Human Rights;

(iv) access to fair and efficient State asylum procedures, or to a previously afforded refugee status or other protective status that is inclusive of the rights and obligations set out at Articles 2-34 of the 1951 Convention;

(v) the legal right to remain during the State asylum procedure;

(vi) a refugee status granted to those who are recognised as refugees that is inclusive of the rights and obligations set out at Articles 2-34 of the 1951 Convention for those found to be in need of international protection; and

(b) it is safe for the particular claimant, taking into account their individual circumstances.”

This amendment modifies the definition of a “safe third State” to limit it to States that are in fact safe, in law and practice, for the particular claimant.

Amendment 133, in clause 15, page 18, line 41, leave out “5” and insert “3”.

This amendment is consequential on a later amendment about the definition of “connection”.

Amendment 134, in clause 15, page 18, leave out lines 43 to 46.

This amendment removes subsection (6), which states that a claimant whose asylum claim has been denied by virtue of their connection to a particular safe third State may be removed to any other safe third State.

Amendment 135, in clause 15, page 19, line 2, leave out “may” and insert “must”.

This amendment would clarify that under specific circumstances, an asylum claim that would otherwise be considered inadmissible must be considered under the immigration rules.

Government amendment 26.

Amendment 136, in clause 15, page 19, leave out lines 3 to 10 and insert—

“(a) in the absence of a formal, legally binding and public readmission agreement between the United Kingdom and the State to which the person has a connection;

(b) as soon as the proposed State of readmission refuses to accept the person’s return or if the person’s readmission has not been agreed within three months of the registration of their asylum claim, whichever is sooner;

(c) if, taking into account the claimant’s personal circumstances, including their family ties to the United Kingdom and the best interests of any children affected by the decision, it is more appropriate that the claim be considered in the United Kingdom; or

(d) in such other cases as may be provided for in the immigration rules.”

This amendment broadens the circumstances in which the Secretary of State must consider an asylum application, despite a declaration of inadmissibility.

Amendment 137, in clause 15, page 19, leave out line 21 and insert—

“(a) has been granted refugee status or another protective status in the safe third state that is inclusive of the rights and obligations set out at Articles 2 to 34 of the 1951 Convention.”

This amendment would strengthen the safeguards in place before a “connection” can be relied on for the purposes of inadmissibility, so as to ensure that the right to seek and enjoy asylum is protected.

Amendment 138, in clause 15, page 19, leave out lines 24 to 32.

This amendment changes the definition of a “connection” to a safe third State by deleting the possibility of finding someone inadmissible on the basis of having been granted nothing more than protection against removal in a third State.

Amendment 139, in clause 15, page 19, line 33, leave out “3” and insert “2”.

This amendment is consequential on amendment 138.

Amendment 140, in clause 15, page 19, line 37, leave out “4” and insert “3”.

This amendment is consequential on amendment 138.

Amendment 141, in clause 15, page 19, leave out lines 43 to 45.

This amendment changes the definition of a “connection” to a safe third State so as to prevent a person being found inadmissible on the basis of a connection to a State to which they have never been.

Amendment 142, in clause 15, page 20, leave out lines 1 to 4 and insert—

“for refugee status or other protective status that is inclusive of the rights and obligations set out at Articles 2 to 34 of the 1951 Convention.”

This amendment changes the definition of a “relevant claim” to a safe third State to ensure that inadmissibility is based on access to a protective status consistent with the Refugee Convention.

Amendment 14, in clause 17, page 21, line 16, at end insert—

‘(1A) The Secretary of State may not serve an evidence notice on a person who was under 18 years of age at the time of their arrival in the United Kingdom.’

This amendment would remove the ability to serve an evidence notice on children and young people who arrived in the UK before the age of 18.

Government amendment 27.

Amendment 118, page 21, line 27, leave out clause 18.

Government amendments 28 to 30.

Amendment 119, page 24, line 30, leave out clause 21.

Government amendments 31 to 38.

Amendment 145, page 25, line 11, leave out clause 22.

Government amendments 39 and 40.

Amendment 146, page 26, line 7, leave out clause 23.

Government amendments 41 to 43.

Amendment 120, page 29, line 2, leave out clause 25.

Amendment 15, in clause 25, page 29, line 13, at end insert—

‘(2A) For the purposes of subsection (2), “good reasons” include, but are not limited to, the claimant having been under the age of 18 years at the time of their arrival in the UK.’

Under this amendment, a claimant who was under the age of 18 at the time of their arrival in the UK would be regarded as having good reasons for providing evidence late.

Government amendments 44 and 45.

Amendment 121, page 30, line 2, leave out clause 26.

Government amendments 46 and 47.

Amendment 11, in clause 28, page 32, line 1, leave out paragraph (a).

This is a paving amendment for Amendment 9.

Amendment 150, in clause 28, page 32, line 4, at end insert—

‘(2) This section and Schedule 3 will have effect notwithstanding—

(a) the Human Rights Act 1998;

(b) the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom, including any Protocol to that Convention;

(c) EU derived law and case law retained under sections 2 to 7 of the European Union (Withdrawal) Act 2018; and

(d) the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and its Protocol.

(3) No law or requirement identified in subsection (2) shall affect the interpretation or application of any provision of this section, including restrictions on the actions or policies of public authorities.’

This amendment is to ensure that the provisions in clause 28 and Schedule 3 are not open to judicial interpretation or disapplication under the measures listed in subsection (2).

Amendment 144, page 33, line 21, leave out clause 31.

Amendment 147, in clause 32, page 34, line 24, leave out subsections (2) to (4).

Government amendments 48 to 50.

Amendment 115, in clause 39, page 38, leave out lines 15 to 23.

This amendment would remove certain criminal offences relating to entering and arriving in the UK.

Government amendment 51.

Amendment 102, in clause 39, page 38, leave out lines 19 to 23.

This would give effect to the recommendation of the Joint Committee on Human Rights to prevent ‘arrival’ in the United Kingdom without a valid entry clearance, rather than ‘entry’ into the United Kingdom without a valid entry clearance, becoming an offence.

Government amendments 52 and 53.

Amendment 116, in clause 39, page 39, line 9, at end insert—

‘(F2) No criminal offence is committed under subsections (B1) to (D1) where a person enters or arrives in the United Kingdom for the purposes of making a claim for asylum or humanitarian protection, if the person is one of the following—

(a) an Afghan national who is a refugee because they face a risk of persecution in Afghanistan; a Syrian national who is a refugee because they face a risk of persecution in Syria; a Uighur who is a refugee because they face a risk of persecution in China;

(b) a Christian convert who is a refugee because they face a risk of persecution in their country of nationality; or

(c) other persons who are in need of international protection; or who are refugees because they are outside of their country of nationality for fear of persecution for a Convention reason as set out in article 1 of the Refugee Convention.’

Clause 39 as drafted would involve the criminalisation of the arrival and entry of asylum seekers and refugees with an offence subject to up to four years imprisonment. This amendment would prevent this from happening.

Government amendments 54 and 55.

Amendment 103, in clause 39, page 39, line 30, leave out subsection (4).

This would give effect to the recommendation of the Joint Committee on Human Rights to prevent the offence of facilitating a breach of immigration law being extended to include facilitating ‘arrival’ in the United Kingdom without a valid entry clearance in addition to facilitating ‘entry’ into the United Kingdom without a valid entry clearance.

Government amendments 56 to 59.

Amendment 104, in clause 39, page 40, line 2, at end insert—

‘(10) In section 31(3) of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention), after paragraph (aa) insert—

“(ab) section 24 of the Immigration Act 1971 (illegal entry and similar offences)”.’

This would give effect to the recommendation of the Joint Committee on Human Rights to extend the statutory defence based on Article 31 of the Refugee Convention to offences of illegal entry under section 24 of the Immigration Act 1971.

Government amendments 60 and 61.

Amendment 105, in clause 40, page 40, line 7, leave out subsection (2).

This would give effect to the recommendation of the Joint Committee on Human Rights to maintain the current position that the offence of helping an asylum seeker to enter the United Kingdom can only be committed if it is carried out “for gain”.

Government amendments 62 and 63.

Amendment 1, in clause 40, page 40, line 8, at end insert—

‘(3) In section 25A(3) of the Immigration Act 1971 (helping asylum seeker to enter United Kingdom), for paragraph (a) substitute—

“(a) aims to—

(i) protect lives at sea, or

(ii) assist asylum-seekers; and”’.

This amendment would add people working on behalf of organisations that aim to protect lives at sea to those who are exempt for prosecution for helping someone seeking asylum to enter the UK, as long as those organisations do not charge for their service.

Amendment 106, in clause 45, page 43, line 12, at end insert—

‘(6B) Nothing in this section, or in sections 10A to 10E, permits a person to be removed from the United Kingdom if that removal would violate their common law right to access justice.’

This would give effect to the recommendation of the Joint Committee on Human Rights to make clear that the regime for providing notice to persons liable to removal remains subject to the common law right to access justice, which in the asylum context is mirrored by Article 13 ECHR.

Amendment 107, page 49, line 3, leave out clause 47.

This would give effect to the recommendation of the Joint Committee on Human Rights to prevent it being compulsory for decision makers and tribunals to take into account whether a person has failed to cooperate with any immigration process when making decisions on immigration bail.

Amendment 122, in clause 48, page 49, line 34, leave out

“has insufficient evidence to be sure of their age”

and insert

“has reason to doubt that the claimant is the age they claim”.

This amendment to Clause 48(1) would align primary legislation to current practice as set out in statutory guidance to ensure children are not subjected to age assessments if there is no significant reason to doubt their age.

Amendment 123, in clause 49, page 51, line 9, leave out “must” and replace with “may”.

Amendment 124, in clause 49, page 51, line 17, leave out subsections (4) to (8).

Amendment 125, page 52, line 1, leave out clause 50.

Amendment 126, page 52, line 22, leave out clause 51.

Amendment 13, in clause 71, page 69, line 38, at end insert—

“(c) the individual is travelling to Northern Ireland on a local journey from the Republic of Ireland.”

Under this amendment, persons who are neither British nor Irish would nevertheless be able to make local journeys from the Republic of Ireland to Northern Ireland without the need for an Electronic Travel Authorisation.

Government amendments 91 to 93.

Amendment 9, in schedule 3, page 82, line 36, leave out paragraphs 1 and 2.

This amendment leaves out paragraphs 1 and 2 of Schedule 3 to the Bill, which would amend section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending).

Amendment 10, in schedule 3, page 84, line 2, leave out paragraph 4.

This amendment is consequential on Amendment 9.

Government amendments 94 and 95.

Amendment 96, in schedule 6, page 95, line 25, at end insert—

‘(4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part A1 powers in relation to the ship.’

This would give effect to the recommendation of the Joint Committee on Human Rights to follow the drafting in the equivalent paragraphs of sections 28M, 28N and 28O of the Immigration Act, and ensure that enforcement action complies with international maritime law, similar to other enforcement action under Schedule 4A to the Immigration Act 11.

Amendment 97, in schedule 6, page 98, leave out lines 6 to 11 and insert—

“(a) every description of vessel (including a hovercraft) used in navigation, but

(b) does not include any vessel that is not seaworthy or where there could otherwise be a risk to the safety of life and well-being of those onboard.”

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure that enforcement action such as pushbacks could not be taken against unseaworthy vessels such as dinghies.

Amendment 98, in schedule 6, page 98, line 20, at end insert—

‘(1A) The powers set out in this Part of this Schedule must not be used in a manner or in circumstances that could endanger life at sea.’

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure the maritime enforcement powers cannot be used in a manner that would endanger lives at sea.

Amendment 113, in schedule 6, page 99, line 37, at end insert—

‘(13) Nothing within this Act or this paragraph B1 authorises any action or measure which is inconsistent with the United Kingdom’s international legal obligations.’

This amendment seeks to ensure the consistency of Part A1 paragraph B1 (power to stop, board, divert and detain) with the United Kingdom’s international obligations, including under international refugee law, international human rights law and international maritime law.

Amendment 99, in schedule 6, page 102, line 31, at end insert—

‘(2) Force must not be used in a manner or in circumstances that could endanger life at sea.’

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure that the use of force in maritime enforcement powers cannot be used in a manner that would endanger lives at sea.

Amendment 4, in schedule 6, page 102, leave out lines 35 to 40.

This amendment would remove the provision granting immigration and enforcement officers immunity from civil or criminal liability for anything done in the performance of their functions.

Amendment 100, in schedule 6, page 102, line 36, leave out “criminal or”.

This would give effect to the recommendation of the Joint Committee on Human Rights to remove the immunity from criminal proceedings for “relevant officers” for criminal offences committed whilst undertaking pushbacks or other maritime enforcement operations.

Amendment 101, in schedule 6, page 102, line 36, leave out lines 36 to 40 and insert—

“J1 The Home Office, rather than an individual officer, is liable in civil proceedings for anything done in the purported performance of functions under this Part of this Schedule.”

This would give effect to the recommendation of the Joint Committee on Human Rights to ensure that the Home Office is liable, rather than immigration officers and enforcement officers being personally liable for civil wrongs that may occur whilst undertaking pushbacks or other maritime enforcement operations.

[Tom Pursglove]

I am conscious of the wide interest in a significant number of these amendments, so I will predominantly focus my remarks on the Government amendments in this first instance and address other matters in the wind-up.

Our asylum system must not reward those who enter the UK illegally from manifestly safe countries where they cannot possibly still be fleeing persecution and fear. People must claim asylum in the first safe country they come to, and making a secondary and unnecessary move to the UK puts lives needlessly in danger while pushing aside other vulnerable people, including women and children.

We must break the criminal networks that facilitate illegal immigration and exploit people. People who come to our shores illegally will be treated differently. Although we cannot resettle everyone who needs sanctuary, the large numbers we resettle in the UK will be made very welcome. We will be fair but firm in how we continue to embark on this landmark reform of our asylum system.

New clause 20 is a minor, technical amendment that will ensure a small number of references to justices of the peace in immigration legislation in the context of obtaining entry and search warrants in Northern Ireland instead become references to lay magistrates. This is a simple measure that tidies up the statute book.