Nationality and Borders Bill (Eighth sitting)

Paul Blomfield Excerpts

Committee stage
Thursday 21st October 2021 Public Bill Committees

[Bambos Charalambous]

I very much share those concerns. It is clear that some countries wishing to trade with the UK may also insist on certain measures in relation to visas and access, and in some of the new clauses tabled by the Government more recently there is a suggestion that they would be willing to withdraw visas to some countries. I do not know who they have discussed it with, but that seems contrary to the intention of trading with other nations.

There is no doubt, therefore, that the clause stands in clear contravention of the refugee convention—no small thing, given that the convention, sometimes known as the Geneva convention of 1951, anchors the status of refugees in international law. Around the most desperate and terrorised people on earth, the convention throws the shield of international protection. Since the horrors of the second world war, it has been an article of faith for every decent society, as required today as it was 70 years ago by all those fleeing war, torture and persecution of all kinds, and by all those women and girls who undertake their journey in the knowledge that they may well be raped en route to finding safety.

The Opposition are clear that accepting this clause would set a dangerous precedent by creating a two-tier system for refugees that is deeply inhumane. Furthermore, we hold that its consequences, intended or not, would undermine our binding legal obligations to all refugees. We oppose it because we believe the 1951 convention and all that goes with it speaks profoundly to the core values of the British people. Given the multiple, deeply negative consequences of the clause—mental ill health, poverty, debt, substandard accommodation and homelessness, to say nothing of the financial costs to local and national Government—it should be removed from the Bill.

In short, group 2 status is not only inconsistent with the refugee convention; it is a recipe for mental and physical ill health, social and economic marginalisation and exploitation. The human cost to refugees and their families, including their children, is obvious enough, and it should shame us that this Bill would actively cause harm if clause 10 is adopted. We will oppose clause 10 stand part.

[Paul Blomfield (Sheffield Central) (Lab)]

I congratulate my hon. Friend the Member for Enfield, Southgate on his comprehensive critique of clause 10. I want to add only a few points on what is clearly at the heart of the Government’s approach in this Bill: seeking to create a hostile environment for refugees and splitting them into the two groups of which my hon. Friend spoke.

I was interested to hear the Minister talk earlier about the Bill as just one part of a multifaceted approach to tackling the problem, of which international diplomacy was at the core. I would welcome his reflections, when he comes to make his remarks, on how far he thinks our position in international diplomacy is strengthened by a Bill that the UNHCR, the guardian of the 1951 convention, denounces in clear terms as

“The creation of an unlawful two-tier system in which most refugees are denied rights guaranteed by the Refugee Convention and essential to their integration”.

I think that our position in terms of how we play our cards in international diplomacy will be weakened by setting ourselves against the international community. This proposal appals all organisations that have worked with those coming to our country to flee war, terror and persecution, and Labour shares their view. However, I appreciate that this Government, in contrast with previous Conservative Administrations, revel in setting themselves against the international consensus and are happy tearing up treaties to which they have been signatories.



We should examine the clause in the context of the Government’s own objectives. They say it is part of a deterrent to break the business model of people smugglers by dissuading those seeking asylum from taking what the Government consider to be irregular routes. We are all agreed on the objective of breaking the appalling business model of people smuggling and we all agree that we want to end the situation that leads people to take the most desperate journeys across the channel. As I said earlier, and clearly the Minister struggled to respond to that point, even the Government’s own impact assessment says,

“evidence supporting the effectiveness of this approach is limited.”

I know that he had a problem with evidence when we were talking about clause 9 under part 1.

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

The hon. Gentleman will get a very nice long letter.

--- Later in debate ---

[Paul Blomfield]

I look forward to the letter, but it would be useful to hear the evidence before the Committee is forced to vote.

As colleagues have pointed out, these plans will punish the victims of the crime rather than the perpetrators. The Government’s approach conveniently ignores the reality of seeking asylum—of fleeing persecution, danger, abuse and terror, and taking the extraordinary step of leaving your own country and having to flee because you are not safe in the land where you were born and brought up and where your friends and family live. Irregularity in that context is almost a certainty and with it comes a lot of chaos and unpredictability.

Others have mentioned the countless studies that have demonstrated that the preferred destinations of refugees are not identified solely or even primarily on the basis of migration policies devised by Governments with the explicit aim of reducing arrivals. The Home Office has confirmed that the nationality of those arriving irregularly are overwhelming those for whom the majority of their asylum applications will be upheld either at first instance or on appeal, and that includes those from Afghanistan, Iran and Syria. The clause draws a differentiation between different kinds of asylum seekers. Not only is it inhumane and suggestive of bad faith as regards those taking these desperate journeys from the outset, but it is an approach that will not work and that risks making things worse.

The Conservative-led Foreign Affairs Committee warned in 2019 that

“A policy that focuses exclusively on closing borders will drive migrants to take more dangerous routes, and push them into the hands of criminal groups.”

The Government’s own impact assessment warns that increased deterrence in this manner

“could encourage these cohorts to attempt riskier means of entering the UK.”

The Minister looks frustrated; perhaps he ought to pay attention to his impact assessment.

Central to the Government’s arguments for the clause is that they want to encourage the use of safe and legal routes. Where are they? It is worth looking at that in context. The Minister talked about his pride in the UK’s generosity to refugees. There was some exchange both ways on that because it does not match up to reality. Anything that this country does to accept those seeking to build a new life in the face of terror, conflict and persecution is welcome, but as the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East suggested, we are middle-ranking in this area. Worldwide, as the shadow Minister said, we know that it is those countries on the frontline of conflicts, which are often least equipped to deal with the influx of significant numbers, who take the largest share of refugees, including Turkey, with around 4 million, Colombia, Pakistan and Uganda.

--- Later in debate ---

[Neil Coyle]

It is not only the duplicity of that statement. My constituent’s family member is in Afghanistan and needs their passport to leave the country. Their passport is currently being held by the Home Office in the UK. The Home Office is denying them the opportunity to leave Afghanistan by refusing to be flexible. It could perhaps get that passport, through Qatari friends, to the chargé d’affaires in Doha and out to Afghanistan.

[Paul Blomfield]

Many of us could tell similar stories of hopes dashed by the mismatch, reflected in some of the Government’s language around this legislation, between their ambition and the reality as it affects people’s lives. We see safe and legal routes in name only, with the Government talking the talk but failing to walk the walk. On its own objectives, the clause will fail. It is a flawed policy. The Minister looks critical of what I say. I would love him to intervene on me to set out the programme of safe and legal routes that will be unfolded, because they are the principle that underpin the strategy in clause 10. Without that, clause 10 cannot stand part of the Bill.

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

I doubt that what I am about to say on clause 10 will shock Members. It is a fantastic element of the legislation because it will act as a deterrent to one of the many pull factors that the United Kingdom has and why so many people are prepared to make the dangerous journey through mainland Europe—that is not war torn, as some would like to have it seen as—to try to make it here to our United Kingdom.

The hon. Member for Sheffield Central talked about the hostile environment, but I remind him that in May 2007 it was the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), the then immigration Minister in a Labour Government, who referred to a hostile environment in his announcement of a consultation document. He said:

“We are trying to create a much more hostile environment in this country if you are here illegally.”

When that comment is added to the remarks of Baroness Scotland—cited by my hon. Friend the Member for Dudley South—that people should claim asylum in the first safe country they arrive in, it does not take much to understand the demise of the Labour party in red wall seats such as Stoke-on-Trent North, Kidsgrove and Talke. People in my constituency want to see tougher immigration control, and 73% voted for Brexit because they wanted us to take back control of our borders. Clause 10 is one method by which we will take back control, because it will say clearly to people that if they make an illegal entry to this country it will count against them. If people take a safe and legal route, the country will open its arms to them and bring them over here, as we have done for people from Syria and Afghanistan.

--- Later in debate ---

[Anne McLaughlin]

Will the Minister give way?

[Paul Blomfield]

Will the Minister give way?

[The Chair]

Order.

--- Later in debate ---

[Tom Pursglove]

The hon. Gentleman will appreciate that I have not been in post for long—for just over a month—and the accommodation element of the Government’s work on immigration does not fall directly within my brief. However, I want to visit Napier, to see the situation myself and to understand the nature of the accommodation, and my officials are in the process of organising that. I might have done it sooner had we not had the Bill Committee proceedings over the next few weeks. I assure hon. Gentleman that that is something I very much want and intend to do, and I will certainly do it.

On the bishop visiting, I am not aware of any restrictions that would prevent that from happening. I hate to do this to the hon. Gentleman again, but if he furnishes me with the details of issues that have arisen, I will gladly ensure that that is looked at. As far as I can see, there is no good reason why those sorts of external visits cannot take place, but I would appreciate a little more detail.

[Paul Blomfield]

May I push the Minister a little further on the issue? He has been at pains to say that the Government’s plan is not for the centres to be where people are detained. Will he therefore put on the record that people are free to come and go as they wish, and to receive visitors as they wish in the centres?

[Tom Pursglove]

As I have said repeatedly now, my understanding is that people are under no obligation to remain within the accommodation facilities if they do not wish to do so. Of course, one of the reasons why people may be in an accommodation centre is that they are destitute. In such circumstances, we want to ensure that appropriate accommodation is in place for them to be accommodated and properly cared for in the centres. That is the intention behind the policy.

It is worth saying something about future oversight of accommodation centres, which has been alluded to. We will establish advisory groups for each centre. The group will visit the site, hear complaints and report any findings to the Secretary of State. I value the input that the advisory groups will have. It is important that we are responsive to the issues that arise and that where improvements can be made, they are made.