Illegal Migration Bill

Olivia Blake Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Mr David Jones (Clwyd West) (Con)]

I am pleased to follow the hon. Member for Walthamstow (Stella Creasy). I have heard your strictures, Mr Evans, and I shall try to be as brief as I possibly can. I rise to speak in support of the amendments to which I am a signatory, and I will focus in particular on amendment 131, which has been the subject of so much of the debate this evening.

Illegal migration is a severe problem, and one that is causing increasing concern to constituents of most, if not all, hon. Members. Speaking from my own experience as the Member of Parliament for a semi-rural constituency in north Wales, many hundreds of miles away from the channel beaches, I can say that I receive more correspondence about this issue than virtually any other national issue. Over the years, the people of this country have shown themselves to be generous and welcoming to those who are genuinely in peril—that is borne out by the warmth of the welcome they have given in recent years to Ukrainians fleeing from Putin’s aggression, and to Hongkongers escaping China’s anti-democratic oppression. Equally, however, they are incensed by the rapidly rising influx of illegal migrants, who are themselves the pitiful currency of the loathsome trade of people smuggling. As such, the Prime Minister is quite right to make plain that stopping the small boats is at the top of his list of priorities, and this Bill is therefore highly welcome.

The Government have taken a robust approach to the problem, and that robustness will be highly welcomed by the people of this country, whose patience has been tried too, and beyond breaking point. There is a concern, however, that the Government’s perfectly proper aim of breaking the business model of the people smugglers might be frustrated by the human rights legislation that is routinely and, frankly, cynically abused by those who wish to degrade this country’s ability to defend its own borders and territorial integrity. In clause 1(5) the Government recognise that concern. That provision excludes the operation of section 3 of the Human Rights Act 1998, which provides that so far as is possible, legislation must be read and given effect in a way that is compatible with the European convention on human rights.

Excluding section 3 is itself a bold step for which the Government are to be commended, but given the severity of the problem, as Professor Richard Ekins and Sir Stephen Laws have pointed out, it remains debatable whether clause 1(5) alone will be sufficient to safeguard the Bill’s measures against cynical procedural attacks via the European Court of Human Rights. It is for such purpose that amendments 131, 132 and 133 are framed. Anyone doubting the need for such amendments should consider the case of N.S.K. v. United Kingdom, which has been referred to by my hon. Friend the Member for Devizes (Danny Kruger). To repeat, in that case a duty judge of the European Court of Human Rights made an order, on 13 June last year, granting an application for a rule 39 measure preventing the removal of an asylum seeker to Rwanda.

That order was made ex parte, without any opportunity for the UK Government to argue against it. Furthermore, the order was made after both the High Court and the Court of Appeal had rejected applications for interim relief. The Supreme Court in fact went on to refuse an application for leave to appeal. Remarkably, however, the rule 39 order was made the day before the Supreme Court announced its refusal, apparently contrary to the rule that domestic proceedings must be exhausted before applications to the European Court will be entertained. The position therefore is that the most senior judges in the land had considered the merits of the applicant’s case and found against it, yet a European judge made an order frustrating the removal of the applicant without considering the merits of the Government’s case and apparently contrary to the European Court’s own rules.

Interim measures are not strictly legally binding, but the European Court’s own jurisprudence, as has already been pointed out, asserts that any failure to comply with them amounts to a contravention of article 34, by hindering an applicant’s right to apply to the Court alleging a breach of the convention. The possibility—arguably, the probability—is that domestic British courts will feel constrained to act in compliance with interim measures and, indeed, to follow other judgments of the European Court, and that alone could prove fatal to the aims of the Bill. I do not believe that the Government or this House should allow that to happen.

Appropriate further safeguards should be introduced to the Bill to ensure its effectiveness, and it is for that purpose that amendment 131 was tabled. It would ensure that the legitimate and proper aim of the Government to protect our national borders is not frustrated. Put simply, the people of this country will not thank us if the Bill does not work, and there is a distinct danger, if the European Court is allowed, that that is precisely what will happen.

I believe that amendment 131 is absolutely necessary, and for similar reasons I support the other amendments to which I have put my name. It has already been pointed out that those amendments will not be pressed to a vote, but I very much hope that my right hon. Friend the Member for Newark (Robert Jenrick), when he winds up, will confirm that he will engage in dialogue with those of us who are concerned about the absence of those amendments and seek a way forward that will ensure that the Bill will work, which is what every hon. Member of this House should want.

[Olivia Blake (Sheffield, Hallam) (Lab)]

It is a pleasure to speak in this debate. I direct the House to my entry in the Register of Members’ Financial Interests, as I receive help from the Refugee, Asylum and Migration Policy project for my work in this area. I also co-chair the all-party parliamentary group on migration, so I have spent a long time thinking about these issues. I have taken a long look at our history, and it is interesting to hear us talk about Winston Churchill. I doubt that Government Members know that he crossed the Floor on the issue in 1904 to oppose the Aliens Act 1905 and lead a rebellion against it. He was quoted at the time talking about

“the old tolerant and generous practice of free entry…to which this country has so long adhered”.

Just to add some more spice to the discussion about the history of this place and our role within migration policy, it is important to recognise that.

I rise to speak specifically to my new clause 10, which I am pleased to say enjoys a wide range of cross-party support. I thank all Members who have engaged with me on this amendment. It is meant to be a serious contribution to the debate about the humanitarian crisis in the channel. However, I worry that that seriousness is not shared by everyone in this Chamber.

Since arriving in Parliament in 2019, I have tried not to become too jaded or too cynical, but I must admit that at times it has been difficult. Today, debating this Bill, is one of those times, because we have repeatedly been told that these proposals are about stopping the boats. The Prime Minister even had it printed on his lectern. To be clear, it is a moral outrage that people need to get in a blow-up boat, risking life and limb, to exercise their rights under the refugee convention to claim asylum here. We need a solution to this humanitarian crisis in the channel, but that is not what the Bill offers. Instead, it doubles down on the same failed hostile environment framework that has characterised the Government’s approach to asylum and migration. It is simply not working.

Since 2018, 56 people have tragically drowned in the channel—brothers, sisters, uncles, aunts and cousins to many families already in the UK—yet the number of dangerous crossings has risen, even after the Government’s Rwanda policy was announced, and that announcement in itself was deemed to be a deterrent. The Nationality and Borders Act 2022 has become law and people continue to make these journeys.

I am proud that my city, Sheffield, calls itself a city of sanctuary. The people I meet who support refugee rights often quote the lines of a poem called “Home”, by the Somali-British writer Warsan Shire:

“no one puts their children in a boat

unless the water is safer than the land”,

and,

“no one leaves home unless

home is the mouth of a shark.”

Those lines are important, because they explain why people attempt these crossings.

We have heard a lot of talk about families today. I regularly engage with and talk to asylum seekers and refugees in the system, whose family members are being persecuted because of them leaving the country. They have brothers who have been arrested by the police on spurious grounds, or their parents have sadly been murdered as a result of their identity. We really must shine a light on how the Government’s strategy is doomed to fail and, perhaps more importantly, why the success of that strategy would be a horror. The only way that the deterrence framework can work is if the hostile environment it creates is worse than what people are running from.

That is why I feel jaded. I do not think this is really about stopping the crossings and saving lives. These proposals are not about how people come here to claim asylum; they are about stopping people from claiming asylum at all. This is not about fairness. It is about populist electoral politics, throwing red meat to a section of hard-line, anti-refugee opinion. What better example is there than the cruelty of stripping away the modern slavery provisions of asylum seekers who have survived human trafficking? This legislation, as it stands, would persecute the persecuted and criminalise the victims of crime.

To be frank, I suspect there are some of the Conservative side of the House who think it is a good thing that the Bill violates the UN conventions on international human rights law. The Government’s credibility is so shredded that they believe the only route to future electoral success is to wage a culture war, gleefully reciting pre-rehearsed lines about lefty lawyers, while the situation of some of the most vulnerable people in the world gets worse and worse.

However, the Government could prove me wrong, and I give them that opportunity. A start would be supporting and looking into the proposals of new clause 10, which builds on the proposals of the PCS union and Care4Calais, two organisations working at the frontline of the crisis. It offers a practical solution to a humanitarian crisis in the channel by creating a safe passage visa. The visa would give entry clearance to those already in Europe who wish to come to the UK to make an asylum claim.

Illegal Migration Bill

Olivia Blake Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[Laura Farris]

I spent considerable time in the last debate addressing the European convention on human rights, and the House will be relieved to hear that I am not going to do the same thing again today, but I will just say one thing. My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) is correct to say that we have no say on who sits in the European Court of Human Rights, but no MP has any say on who sits in the Supreme Court in this country either, and the reason that nobody can give me an example of the European Court interfering with a material change to our domestic immigration laws is because there isn’t one.

I want to congratulate the Government on reaching an agreement with my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) on new clause 8, which I think gives the Bill moral clarity. The aim of this Bill is to extinguish a route, not a right. The Bill says that if someone enters the United Kingdom by small boat or any other illegal route, they cannot claim asylum now or ever, but we are maintaining compliance with our legal obligations under the refugee convention only when we can say in parallel that there are safe and legal routes that they could and should have taken as an alternative. It is already clear that this was envisaged by the Bill because it is dealt with in the provisions in clause 53 in the context of annual quotas agreed in conjunction with local authorities. It is plain that this is the direction that not only the United Kingdom but all our European neighbours are moving in, faced with the mass migration flows of the modern day that simply could not have been envisaged when the refugee convention was drafted.

I also want to talk about new clauses 22, 19 and 23 to 25. My first observation is how closely they resemble laws that were tried but ultimately failed under the last Labour Government. That is not me scoring a political point; this is difficult stuff. A lot of this is in the Nationality, Immigration and Asylum Act 2002 and the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 but it never really worked, and here is why I say that this is important today. I want to talk about identification documents, mobile phones and age verification, all of which I have experience of in immigration tribunals. All these things boil down to one critical principle: that he who asserts must prove.

I refer the House to the evidence of Dan O’Mahoney, the clandestine channel threat commander, to the Home Affairs Committee in September 2020. Asked about the number of small boat arrivals who have identification documents, he said:

“I can’t give you an exact figure, but I can tell you that it is almost none—very, very close to none. Generally speaking, encouraged by the facilitators, they will get rid of any sort of documentation …phones, SIM cards, anything…before they are intercepted by Border Force… They literally arrive in the clothes that they are wearing.”

I invite the House to contrast that with Operation Pitting. Every single person who left Kabul in haste in the summer of 2021 arrived in the United Kingdom with an identification document.

The lack of identification documents is a major problem, because it means the Home Office is entirely reliant on language tests and interviews to ascertain background facts. The best it can do is guess whether a claimant is genuine, which leads to a lot of economic migrants being given asylum when they probably would not have proved their case if they had documents. That has contributed to a huge degree of abuse in the system.

The same principle applies to mobile phones. In an era of mass technology, in which smartphones are as commonplace in sub-Saharan Africa as they are in London and in which 5 billion people use social media, it must be right that a negative assumption is reached about any individual who does not provide access to their phone as a way of establishing their identity.

I repeatedly dealt with age verification at the tribunal, the appeal tribunal and the High Court. It is not good enough to rely purely on a Merton-compliant test. Until very recently, we had no scientific method by which to establish a person’s age. Of course small children do not go through age verification, but the vast majority of children who arrive claim to be around the age of 17. We now have the technology to allow age verification, so it cannot be left as a matter of discretion or as an option for the applicant. If they say they are under 18, they must be obliged, as these new clauses require, to undergo proper age verification.

[Olivia Blake (Sheffield, Hallam) (Lab)]

Before I begin, I direct the House to my entry in the Register of Members’ Financial Interests, which outlines the support I received from the RAMP project.

I support the amendments tabled by my hon. Friends the Members for Streatham (Bell Ribeiro-Addy), for Poplar and Limehouse (Apsana Begum) and for Walthamstow (Stella Creasy) and my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson). These amendments attempt to mitigate the damage the Bill will do to some of the most vulnerable people, by requiring reports on how it will affect the pregnant, victims of modern slavery and the health and human rights of refugees.

New clauses 2 and 3 would safeguard pregnant women and girls from removal. I have spoken to people working on the frontline in detention centres who feel deeply uncomfortable and ill-equipped to deal with pregnant women in such settings, so these amendments are vital. In fact, every woman who arrives in a detention centre is given a pregnancy test because staff recognise that where they work is not appropriate for pregnant women.

New clause 4 would support young people under the age of 18 in their interaction with the asylum system. This stands in stark contrast to the Government’s obsession with trying to discredit and dehumanise children, either by proposing bogus scientific assessments to determine their age—I say that as a biomedical scientist—or by bizarrely claiming that granting safety to children is some sort of pull factor. Lobotomies were once widespread across the globe too, but that does not mean they were scientifically valid, accurate or moral. Just because someone else is doing it does not mean we have to do it here, especially when the evidence for the accuracy of these tests is so poor.

It is a damning indictment of this Bill that my hon. and right hon. Friends have needed to table this extensive list of new clauses. The protections they are attempting to introduce are outstripped only by the litany of rights that this Government are attempting to remove from some of the world’s most vulnerable people.

The Government’s contemptible proposals have been tabled for entirely cynical reasons. We all want to stop the boats. But when the Government say, “Stop the boats”, it is not because they want to end the crisis in the channel, because they want to have safe borders where people do not die on them or because they want to end the suffering of people who are trying to come here to claim asylum. It is not even because they want to end the horror of people drowning as they attempt to reach refuge in the UK. It is because they are intent on vilifying people who have survived some of the most harrowing and worst things human beings can go through. I know that because I have spoken to many, many refugees and asylum seekers who have come here on boats. The Government are taking this approach because on these big issues they have no answers, so they are resorting to scapegoats.

It is clear that that has been an agenda long before this Bill was presented and that the Government are being pushed around by a very small and extreme group within the Conservative party, as we see when we look at Government new clause 22. It shamefully bars UK courts from interim measures to stop someone from being deported if they bring a legal challenge. The Government claim that they are considering fairness and the rule of law, and that that is a key British principle and value, but this measure sheds that. The Government are only too keen to undermine these principles if it helps them in the scapegoating of the most vulnerable. They want to bypass the European Court of Human Rights and harm Britain’s standing in the world, eroding the foundations of the international refugee systems and the refugee convention, all to appease their Back Benchers and throw red meat to a small portion of their base.

[Yasmin Qureshi]

My hon. Friend is making an excellent point. Does she agree that part of this dog-whistle politics is about what the Conservative party deputy chairman said, which is that the next election is going to be fought on woke, culture and trans issues. Of course, stigmatising refugees is part of that.

[Olivia Blake]

My hon. Friend makes a good point. It is worth reflecting on the fact that in this week alone the horrifying news about Sudan has reached us and we have seen the horrific circumstances being faced by not only British and dual nationals, but everyone there. While Britain is working hard to evacuate our citizens, we are not talking about safe routes for Sudanese refugees or a homes for Sudan scheme, and there are no dedicated resettlement routes and no numbers confirmed in respect of what countries the UNHCR should be prioritising in trying to help with what the Minister was outlining earlier. Even with Government new clause 8, the best this Bill could offer is a commitment to a report on safe routes, but with no actual, tangible commitments to open new ones. What are people fleeing war and persecution in Sudan, or anywhere else, supposed to do with that? By the time anything comes from this report, it will be too late for them, they will be on their way.

The amendments I cited earlier have been tabled because no serious attempt has been made in this Bill to ensure that vulnerable people are protected. That has been outlined well in the discussion we have had on modern slavery, so I will not add to that. The purpose of the Bill is the complete opposite of providing safe and legal routes for people to claim asylum. At their core, these proposals are not about helping anyone or making anyone safer, and they are not about making our borders safer; they are simply about attacking the rights of refugees, for the sake of electoral expedience and managing unruly Government Back Benchers. At the centre of this is a paradox: how can someone claim asylum if they are not on UK soil and they have to be on UK soil to claim asylum? How can they take a safe and legal route if there is no safe and legal route that works for them or is available to them? How can they claim safety in the first country they get to if that country persecutes them because they are LGBT, or they have a disability or religion—

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I am afraid that the hon. Lady is out of time. I call Sir William Cash.