Illegal Migration Bill

Robert Buckland Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Mrs Theresa May (Maidenhead) (Con)]

Having been Home Secretary for six years I understand the pressures to deal with illegal migration. In my day, people were getting into the backs of lorries and the backs of cars of British tourists returning across the border at Calais. I did a deal with the French, and the numbers went down. I have to say that I suspect it is partly because of the success of that policy that we now see people coming in small boats. I welcome the new deal that has been done with France, because it will have an impact, but what should be clear from this situation is that whenever we close a route, the migrants and the people smugglers find another way. Anybody who thinks that this Bill will deal with illegal migration once and for all is wrong, not least because a significant number, if not the majority of people who are here illegally do not come on small boats; they come legally and overstay their visas.

As well as working to reduce illegal migration, I introduced the Modern Slavery Act 2015, as has been mentioned. That world-leading legislation dealt with traffickers and people who were being enslaved here in the United Kingdom, including British citizens, but it was never just a Bill about slavery in the UK, as we saw with the prosecution under that Act of a British woman for trafficking women from Nigeria to Germany.

I must say there has been some loose talk about people smuggling and human trafficking, and using the two terms in the same breath as if they are the same—they are not; they are two separate crimes. Someone paying their own money to be smuggled across the border is not a victim of human trafficking, which includes coercion and exploitation. Nobody wants to see our world-leading legislation being abused, but the Government have to set out the clear evidence if they are saying that there is a link between that Act and the small boats, and so far I have not seen that evidence. Remember, nearly 90% of modern slavery claims are found to be valid. That does not include recent applications, but that figure should give cause for concern.

I am concerned that the Government have acted on Albania and the Nationality and Borders Act 2022, when neither has been in place long enough to be able to assess their impact. I do not expect Government to introduce legislation to supersede legislation recently made, the impact of which is not yet known.

Beyond those issues, I have three main concerns with the Bill. The first is the blanket dismissal of anyone who is facing persecution and finds their way to the UK, but illegally. Examples have been given, but a young woman fleeing persecution in Iran, for example, would have the door to the UK shut in her face. The UK has always welcomed those who are fleeing persecution, regardless of whether they come through a safe and legal route. By definition, someone fleeing for their life will, more often than not, be unable to access a legal route. I do not think that it is enough to say that we will meet our requirements by sending people to claim asylum in Rwanda. That matters because of the reputation of the UK on the world stage, and because the UK’s ability to play a role internationally is based on our reputation—not because we are British, but because of what we stand for and what we do.

My second concern relates to the implications for modern slavery. I am grateful for the fact that No. 10 has offered to discuss that with me, and I hope that we can find some resolution, but as it stands, we are shutting the door on victims who are being trafficked into slavery here in the UK. If they had come here illegally, they would not be supported to escape their slavery.

The Home Office itself recognises the damage that the Bill would do, stating in the explanatory notes to clauses 21 to 28, on public order disqualification:

“These provisions are subject to a sunsetting mechanism so that they can be suspended should the current exceptional illegal migration situation no longer apply”—

in other words: “We know this isn’t ideal, but we’ve got lots of people coming illegally; we’ve got to do something, so the victims of modern slavery will be collateral damage.” I welcome the acknowledgment that this part of the Bill could be reversed, but it could also then be reinstated. The Home Office knows that the Bill means that genuine victims of modern slavery will be denied support.

My third concern is one that has been echoed by other former Home Secretaries of both major parties—namely, whether the policy will work. For it to work, a number of things have to fall into place. There has to be no possibility of successful legal challenge. It requires the provision of extra detention capabilities and the assurance that no one will be able to abscond. It requires the individual legal cases relating to deportation to Rwanda to be resolved in the Government’s favour. It requires Rwanda to process more than the fewer than 250 asylum claims that it currently processes every year, and to provide accommodation for and accept the many thousands of extra people. It requires returns agreements on returns with countries around the world, and the ability to ensure those returns.

Dealing with immigration is never easy. There is never a simple answer to any problem, and it is never possible to take one’s eye off the ball. It requires constant vigilance and also international co-operation.

[Sir Robert Buckland (South Swindon) (Con)]

I am grateful to my right hon. Friend for mentioning human trafficking. I conducted a Court of Appeal case on an unduly lenient sentence, and we got the sentence increased. It is vital that everybody understands the difference between human trafficking and people smuggling. If we do not get such basic terms right, how on earth will we get the policy right?

[Mrs May]

I am grateful to my right hon. and learned Friend for his work and his recognition of the difference between people smuggling and human trafficking. It is imperative that we use careful language in relation to these issues, and that we recognise that the Bill removes support from the victims of trafficking and modern slavery.

I know that the Government are working hard to find a solution to the problem of the small boats, but I think that a number of point shed doubt on the approach that is being taken. I look forward to working with them on this issue to ensure that we can deal with the problem of dangerous sea crossings and save people’s lives while maintaining our reputation as a country that welcomes people fleeing persecution and, crucially, our reputation as a world leader in dealing with modern slavery.

--- Later in debate ---

[Sir Robert Buckland (South Swindon) (Con)]

As I listen to this debate I, frankly, get more and more depressed. What we hear is an artificial juxtaposition between an open-door policy of letting everybody into this country and a suggestion that we on this side of the House are cruel and callous and do not care about people. Can I deal with that second point? It is utterly, utterly wrong. As Justice Secretary, I worked very hard to make sure that the Nationality and Borders Act could make its way through this House, and I yield to nobody in my determination to make sure that those who seek to exploit others and to profit on the back of people who are vulnerable, and who are clearly not asylum seekers but economic migrants, must be dealt with. I think this party should make no apology for wanting to make sure that that issue is addressed fair and square. That is what the people who put us here expect us to do, and that is what our constituents want us to do.

What our constituents are fed up about is the seeming inability of the system to enforce the laws we pass in this place, to get on with the job of lawful deportation and to make sure that people who overstay their visas do not stay here. As my right hon. Friend the Member for Maidenhead (Mrs May) said, the main cause of unlawful migration is the overstaying of visas. That is not to minimise the small boats issue, but it is to put it into context. The small boats crisis, as we describe it, is actually the product of the successful approach we took to the control of lorries and the appalling incidents we saw in which many people lost their lives as a result of suffocation and other horrors. As a result, we plugged that loophole, and I am pretty sure that if we succeed in plugging this loophole, another one will emerge.

From all the evidence I know from asylum seekers I speak to in my constituency, and I do so regularly, this is a price-driven market. It is simply cheaper to come in on small boats than it is to come here by other means at the moment, and herein lies the source of the problem. The Government are seeking once again to use law where I believe it is primarily operations that matter more than anything, particularly the ability of this country to strike sensible agreements—not just with France, but with other members of the European Union—to have a managed system of return. Frankly, a quota system would make eminent sense in dealing with what is an international problem. We came together on Ukraine. Why on earth can we not come together on this?

That would make sense of clause 51, and the Government’s wish to have a debate in this House on a cap or a quota. I think that is a sensible measure, but it will only work if we extend safe routes of passage in a controlled and measured way. We have to do more on safe and legal routes. In fact, doing that would strengthen the Government’s case against those people who are choosing small boats. It is as plain as a pikestaff to me. However, that must happen in tandem with this legislation. It is no good passing this legislation unless we do those other operational things.

To deal with a particular clause, perhaps not in Second Reading tradition, I have great concern about clause 3 on the detention of children. I note that this is a power, not a duty. When powers are put into Bills, it is usually because policy makers have not actually decided what to do and whether to use them. It is a holding mechanism in order for the Government to make a decision. My strong suggestion to them, when we come to amend the Bill, is to ditch that clause and look carefully at the way we deal with unaccompanied children, families and women. There is nothing worse than ineffective authoritarianism and that is the danger of such provisions.

[Stephen Hammond (Wimbledon) (Con)]

Does my right hon. and learned Friend agree that, if the Government were to look at proposed new section 8AA(4)(b) in clause 29, and particularly the phrase “compelling” evidence, and to bring forward criteria that defined compelling evidence, that might reassure a number of us on the Conservative Benches that the Bill would not prevent illegal sex trafficked young women from seeking provision and protection under the Modern Slavery Act 2015?

[Sir Robert Buckland]

My hon. Friend is right. It is going to be vital that there is clear guidance. We have been here before. When it comes to modern day slavery, there has been a question about the interpretation of guidance. I know it is a vexed question for the Government, that my right hon. Friend the Minister for Immigration is assiduous in these matters and that he will want to get it right, but we will have an opportunity in Committee and on Report to do so. The Bill as presented is not yet in the state that it needs to be in if it is to have the effect that I think the Government want it to have.

On the interaction between the Bill and the European convention on human rights, I hope that the Bill is not being used as some sort of battering ram to make a wider political point about the validity of the European convention. The European convention is not the problem in this case and those who think it is are setting up a massive Aunt Sally when it comes to the actual issues. Whether we are in the convention or not, domestic law, our rule of law tradition and the procedures we have under various immigration Acts—some of which I was involved in passing through this House—will inevitably impose principles of natural justice on any process. The idea that, through a blanket approach, we will engineer a battle with the courts and a battle with the European convention is misconceived and a journey on which I urge the Government not to embark.

There is no need to talk about withdrawal from the convention that British Conservatives wrote. What we need to focus on relentlessly, in dealing in a grown-up and mature way with a serious situation such as this, is ensuring that, internationally, our reputation as reasonable actors and people with whom other countries can do business, and as a place where people will want to invest, is enhanced by our approach to these issues. That is why the tone of this debate is so important. I am concerned that, in some of the utterances I hear from my party, that tone is not appropriate. We have to do better. We have to rise to the level of events. We have to get it right.

Illegal Migration Bill

Robert Buckland Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Tim Loughton]

We are not going to eradicate people coming in boats across the channel totally, unless the French agree to intercept and return them. However, we can limit it to those people who do not stand a credible chance of claiming asylum in the United Kingdom. One problem in the courts at the moment, with the many failed asylum claims that then go through the appeals process, is that there was no other way of getting here, other than on a boat. If the safe and legal route amendment, and everything that goes with it, goes through, that will not be an excuse because anybody could apply through a safe and legal route and, if they are turned down and then turn to a boat, that is not a defence.

[Sir Robert Buckland (South Swindon) (Con)]

Will my hon. Friend indulge me?

[Tim Loughton]

I will be very indulgent, but I know many other people want to speak.

[Sir Robert Buckland]

I am very grateful. My hon. Friend makes the most important point in this debate. Judges and tribunal chairs are looking for factual reasons on which to refuse applications. I cannot think of a better one than the availability of, in a controlled way, more safe and legal routes. At the moment, without further action, and without concurrent action from the Government in passing this Bill and creating safe and legal routes, we are opening ourselves up to the risk of more people making those claims and of not being able to control the situation in the way we all want.

[Tim Loughton]

I am grateful for that intervention from my right hon. and learned Friend, with his huge legal expertise and experience from his former roles. That is the point. We need to isolate the bogus asylum seekers who are paying people smugglers. We do that by making it clear that we are open to genuine cases of people fleeing danger, and there is a legitimate, practical, and usable route for them. If people do not qualify for that, they should not try to get in a boat because they stand no chance of having their claims upheld if they make it across. I am just trying to achieve a balance. If Members want the Bill to go through, we need to have safe and legal routes in it to make it properly balanced. If you do not like the Bill but you want safe and legal routes, you need to support the Bill to get those safe and legal routes. This is mutually beneficial to those on either side of the argument on the Bill.

New clause 19 outlines how a refugee family reunion scheme would work. It includes a wide definition of close family members, including people who are adopted. Again, this is nothing new but it is a generous scheme that would do what it says on the tin.

Amendment 74 is an important consideration. The Government have said that they want the Bill to go through to be able to clamp down on the small boats. I have no problem with that. There are some things in here that are not quite as moderate as I would like, but I think it is necessary for the Bill to go through so I am trying to improve it. However, the Government have said that they will consult on safe and legal routes—we need to consult on safe and legal routes because local authorities, and others, will bear the brunt of how we accommodate many of these candidates—and then come up with some safe and legal routes. That is not good enough. The two sides of the Bill must be contemporaneous. We must not to be able to bring in these tough measures until those safe and legal routes are operational so people can have the option to go down the safe and legal route, rather than rely on people smugglers.

The Government will say, “We need to consult.” Well, start that now because we need to consult with local authorities about how we get more people out of hotels now and into sustainable accommodation for the long term. The Government should be getting on with the consulting now, so that when the Bill eventually goes through—I suspect it may take a while to get through the other place—those safe and legal routes are up and running and ready to go. So amendment 74 is important.

Amendment 75 would add safe and legal routes as one of the purposes of the Bill in clause 1. Clause 1 is all about clamping down on illegal migration—quite right—but it should also be about the balance of providing those safe and legal routes. I want to put that in clause 1, at the start of the Bill. Amendments 72 and 73 are contingent on all of the above.

That is all I am trying to do. Lots of people are trying to misrepresent and cause mischief about the Bill, and in some cases on safe and legal routes. I will end on my own experience when I appeared on the BBC “Politics South East” two weeks ago. I was talking about safe and legal routes and I was challenged, “Why are you supporting this Bill when you were so keen on safe and legal routes and challenged the Home Secretary?” I said, “Because this Bill contains provisions for safe and legal routes.” It does. It talks about “safe and legal routes”, capping numbers and everything else. The following week on the same programme, with no recourse to me, the presenter read out an email from the Home Office, having got in contact with it, unbeknownst to me, to ask about my claim on safe and legal routes. The Home Office apparently replied:

“Nothing in the Bill commits the Government to opening new safe and legal routes or increasing the numbers.”

That was news to me, news to Home Office Ministers—[Laughter.] Hold on, the hon. Member for Aberavon (Stephen Kinnock) may not be laughing in a minute. I was accused of being misleading. When I challenged that, it turned out that the Home Office communiqué actually said that the routes to be included as part of the approach set out for the new Bill would be set out in the regulations, which would depend on a number of factors, including the safe and legal routes that the Government offered at the time the regulations were prepared and, that, as the Prime Minister said, we would “get a grip” on illegal migration and then bring in more safe and legal routes. So actually that is provided for in the Bill.

The BBC completely misrepresented my comments and, I am glad to say, yesterday issued an apology and gave me a right of reply. Let us stick to the facts. Let us not get hung up on all the prejudice about this. We have a problem in this country, which is that last year just under 46,000 people came across in the most inappropriate and dangerous manner. We do not have the capacity to deal with people in those numbers, many of whom have unsustainable claims, and we have to get to grips with it. The Bill is a genuine attempt to get to grips with that issue. It would be much more palatable and workable if it contained a balance that has safe and legal routes written into it that come in at the same stage. I would challenge the Opposition to say that they have a better scheme for how we deal with this dreadful problem. Simply voting against all the measures in the Bill is not going to help anyone.

Illegal Migration Bill

Robert Buckland Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

The Children Act 1989 is clear that local authorities in England have a legal duty to safeguard and promote the welfare of children who are in need within their area, which begins as soon as the child is found in the local authority area. This Act applies to all children equally in the United Kingdom regardless of their nationality, their origins, their ethnicity or their immigration status. This has been a grey area, as we have found on the Home Affairs Committee when we have interviewed Ministers previously. Where it has gone wrong is over the placing of children arriving through Dover in certain hotels. There have been cases where Home Office staff have not informed the local authority, which is the legal body in place of the parent, but they have actually placed children there. There is some confusion among Home Office officials over whether it is the Home Office or the local authority that has prime responsibility for deciding whether they are refugees coming here irregularly through Dover, or whether they are coming here on a resettlement scheme through Afghanistan, for example. We just need greater clarity on that. I am afraid that, with the changes here, it does not aid clarity.

[Sir Robert Buckland (South Swindon) (Con)]

I am grateful to my hon. Friend for giving way. In his point about the interaction with the Children Act and Home Office responsibility, this is where we get to the nub of the problem. The characterisation of this debate has become extremely unfortunate, especially when we talk about issues such as detention, which I am sure that, in practice, the Government do not mean. This is really an issue of safeguarding first and foremost and of identifying genuine cases that require all the safeguarding measures that are underpinned by the Children Act. Does he agree that it is a shame, to say the least, that we are not focusing on children in that context, rather than in the context of detention, internment or whatever we want to call it? That language is not helpful.

[Tim Loughton]

I shall come on to detention in a minute, but I entirely agree with the principle of the point that my right hon. Friend is making, which is that, whatever we think about our immigration and asylum system, a child should be treated no differently, however he or she arrived in this country, than one who was born here and is in the care of parents or whatever. There are times in the Bill where it is unclear that that is the case.

All these terms need to be subject to the child welfare prioritisation in the Children Act 1989 and also have regard to the 1989 UN convention on the rights of the child of 1989. Under article 3.1, it says that

“the best interests of the child shall be a primary consideration”.

That has been upheld in UK legislation, not least in the Borders, Citizenship and Immigration Act 2009.

In giving the Home Secretary the power to remove unaccompanied children when they reach the age of 18—and potentially before—the Bill could see a child arriving alone in the UK aged 10, for example, having fled war and persecution, and be allowed to integrate into UK society, develop friendships and attend school only to be forcibly removed from the UK as soon as they turn 18. There are concerns that a child approaching 18, a 17 and three quarters-year-old, could be encouraged to go under the radar and go underground for fear of that knock on the door when they reach 18. We need to treat that sensitively, because otherwise we are creating a greater problem and putting some of those children at greater risk than they might have been. A decade ago, the majority of unaccompanied children were granted temporary leave to remain, rather than refugee status, until they turned 18, and we know that the fear of removal forced many of those children to go underground and go missing, at extreme risk of exploitation.

My amendment 139 inserts a fifth condition in the Bill that must be met on the duty of the Home Secretary to remove someone from the United Kingdom. Amendment 140 details that the additional fifth consideration is that the person to be removed is either over 18 or a minor in the care of an adult, typically a family member. That would have the effect of ensuring that the Bill does not capture unaccompanied children. Amendments 141 and 142 are consequential amendments, due to the rewording of clauses 3 and 7. Amendment 141 removes subsections 3(1) to 3(4), and the anomalies in subsections (1) and (2) that still give the Home Secretary unrestricted powers.

Now, Ministers—[Interruption.] I am not sure if those on the Front Bench want to listen to this, Sir Roger; it is a little difficult to try to make a speech with people having conversations right in front of me. Ministers claim that there are exceptional circumstances only in which children would be removed from the United Kingdom, and have given examples of those exceptional circumstances, such as to reunite a child with family overseas. Okay—but a child who is to be reunited with family overseas can leave the UK of his or her own accord, or subject to the ruling of a judge, in the same way as we would release a child from care into adoption, for example. I do not see that as a necessary exceptional circumstance.

If the Government are really convinced that there are exceptional circumstances where that needs to be done, there should be more detail on the Bill, or at least explanation in the explanatory notes, because there is none. As things stand, the Home Secretary has the power to remove any child, at her whim, for reasons not specified in this Bill. That is a concern. If the Government have good reason for that, we deserve an explanation of those reasons, and it is for this House to judge on how credible and necessary those reasons are.

Under the amendments, children who arrive in the UK on their own and seek asylum would continue to have their asylum claims heard here, rather than being left in limbo until they reached 18 when, under the Bill, they would face detention and then removal. The amendments do not mean that every child who arrives here on their own will go on to get permission to stay. Instead, they mean that the Home Office must process their claims and, crucially, treat them as children rather than punishing them.

Amendments 143 to 145 deal with the issue of detentions and, along with the amendments I have already described, maintain the safeguards that were put in place under Conservative-led Governments to protect children from the harms of immigration detention. In 2009, more than 1,000 children were detained in immigration removal centres but, following changes made by the then Home Secretary, my right hon. Friend the Member for Maidenhead, over the next decade the average was 132 children per year.

What was more, those children could not be detained for longer than 24 hours if they were unaccompanied, or 72 hours if they were with their family members, extendable to a week if a Minister agreed it was necessary. We then legislated for those limits in the Immigration Act 2014, under a Conservative-led Government. Amendments 143 and 145 ensure that those safeguards continue to apply.

I am not asking for a change in the law; I am just asking that the safeguards that were deemed to be sensible and necessary back in 2014 still apply to the same sort of vulnerable children. They would prevent unaccompanied children from being locked up for more than 24 hours. Amendment 145 would ensure that children who were with their family members could still only be detained for a week at the very most and, when they were, that it would be in specific pre-departure accommodation, rather than anywhere the Home Secretary might wish, as the Bill envisages.

Under clause 11, the Home Secretary has wide powers to detain anyone covered by the four conditions in clause 2, which, without my earlier amendment, still includes unaccompanied children. There is no time limit for how long a child can be detained. That amounts effectively to indefinite detention of children of any age anywhere that the Home Secretary considers it appropriate. Under clause 12, the Home Secretary will have a significantly expanded power to decide what a reasonable length of detention is. It is all subject to the definition of what is reasonably necessary and severely restricts court scrutiny of whether that is reasonable or not. Surely that cannot be right for children. I am not seeking to challenge the increased restrictions on adults, but surely we are not going to throw all that out of the window—particularly after all the controversy on how we age-appropriately detain children who are already in this country—by adultifying migrant children, and some very vulnerable children at that.

There is also a practical consideration. If everyone who crossed the channel last year had been detained for 28 days, on 4 September 2022, no fewer than 9,161 people, including children, would have been detained. That amounts to four times the current detention capacity available in the United Kingdom. Where do the Government intend physically to place them—especially minors who need to be in age-appropriate accommodation?

I am also concerned about how the four Hardial Singh principles from 1983 apply to this part of the Bill. Those principles are that a person may be detained only for a period that is reasonable in all the circumstances, and that, if it becomes apparent that the Home Secretary will not be able to effect removal or deportation within a reasonable period, she should not seek to exercise the power of detention. The Government have to make up their mind about the grounds on which they think they need to detain children. Again, I understand the sensitivities—people claiming to be children may later turn out not to be and may abscond—but the Government need to have a clear idea about what they will do in a short space of time to justify detention when those people arrive. We do not have that level of detail or clarity in the Bill, so it is entirely incumbent on the Minister to give assurances to the Committee that children will not be disadvantaged in that way.

Amendment 143 would remove the provision enabling a person “of any age” to be

“detained in any place that the Secretary of State considers appropriate”,

and would reapply the existing statutory time and location restrictions on the detention of unaccompanied children. That was good enough in 2014; I do not think that the way we should regard and treat vulnerable children has changed so that we need to change the law through the Bill.

Amendment 145 would remove the provisions that disapply the existing statutory time and location restrictions on the detention of children and their families. I do not think that unreasonable, but if the Government want to take issue with me, it is incumbent on them to say why they want to make the changes. I have gone along with most of the rest of the Bill. I have given the Government the benefit of the doubt on what they are going to do, on the detail that they will provide, and on the timing of safe and legal routes, but we need serious assurances by Report, and, I hope, some good signage from the Minister when he gets to his feet shortly, on why law on protections that children have been entitled to—safeguards that we have been proud to give them—needs to be changed in the way that the Government are proposing.

We all want to do the right thing by vulnerable children. Most of us would like to see safe and legal routes that, as I said yesterday, involve something equivalent to a Dubs II scheme, whereby genuinely unaccompanied minors in places of danger are brought to and given safe haven in the United Kingdom. I want to continue in that tradition. I want to ensure that we are offering safe passage and safe haven to genuinely vulnerable children. I do not want them to be penalised by the wording of the Bill in the way that they could be. I am happy to take assurances, but if I do not get them by Report, I do not think that I will be alone in wanting to press various amendments to force those assurances into the Bill.

Illegal Migration Bill

Robert Buckland Excerpts

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[Robert Jenrick]

I understand the hon. and learned Lady’s point. I say two things in response. First, the premise of asylum claims being handled in safe third countries is that those countries must be safe. Through our partnership with the Government of Rwanda, we have done work to ensure that appropriate safeguards are put in place. That has been tested by the courts, and remains an ongoing matter for the courts. Secondly, we placed a safeguard in the scheme: a person can claim that their removal to that country would put them at real risk of serious and irreversible harm, which includes persecution. I completely understand why the hon. and learned Lady says what she does, and the legitimate concern that she voices, but I do not think that the instance that she raises is founded in reality. If it were, we would take that very seriously indeed, because the Government do not want to do anything to compromise the safety and security of LGBT people.

In response to Lords amendments 73 and 74 about the power to amend the meaning of “serious and irreversible harm”, we have sought to provide further assurance by bringing forward an amendment in lieu to ensure that the power cannot be used to remove the provisions in clause 38(4) that set out what constitutes serious and irreversible harm.

Lords amendments 8 and 9 undermine a key plank of the Bill, which is the provision under which asylum and relevant human rights claims can be declared inadmissible. Lords amendment 8 would incentivise people smugglers to prioritise unaccompanied children, which would put more young lives at risk and split more families. Amendment 9 would simply afford illegal entrants yet another opportunity of playing the system and dragging things out as long as possible, in the hope that they would become eligible for asylum.

Lords amendment 50 seeks to limit the Secretary of State’s power to transfer a child out of local authority accommodation and into accommodation provided or arranged by the Secretary of State, by providing that the Secretary of State may do so only where that is necessary to safeguard and promote the welfare of the child. Again, the amendment is unnecessary and duplicates existing law. Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Home Secretary is already required to have regard to the need to safeguard and promote the welfare of the child when making a decision to exercise the “vice versa” power.

Moving on to safe and legal routes, Lords amendment 102 relates to clause 59, which requires the Home Secretary, within six months of Royal Assent, to prepare and publish a report on the safe and legal routes by which persons may enter the UK, including any proposed additional safe and legal routes. Lords amendment 102 would in effect mandate that such additional safe and legal routes be brought into being within two months of the publication of the clause 59 report. Again, the amendment is unnecessary. As I set out on Report in April, we will implement any proposed new routes as soon as practicable, and in any event by the end of 2024.

[Sir Robert Buckland (South Swindon) (Con)]

I have listened very carefully to everything that the Minister has said on this subject, and I know that he is sincere in his intentions. We agree on the need for a quota when it comes to safe and legal routes, but will he accept that 18 months hence is an inordinately long time, bearing in mind that the Bill will have come into force? While we might not be able to have complete synchronicity of new routes with the coming into force of this important Bill, can we at least have a much greater sense of urgency, and bring forward proposals for safe and legal routes much sooner than the end of next year?

[Robert Jenrick]

My right hon. and learned Friend and I share a concern on this issue. We want to bring forward any new routes as soon as is practical; he has my assurance, and that of the Government, that we will move as quickly as we can. I do not think it is practicable for new routes to be brought into being within two months of the publication of the report provided for in clause 59. It inevitably takes time to work with partners such as the United Nations High Commissioner for Refugees on developing a credible scheme, and to implement it. It is important that we give the Home Office the necessary time. However, I have been very clear that we will move as quickly as possible. [Interruption.] The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) says that we have had 13 years; more humanitarian visas were issued last year by this Conservative Government than probably any Government since the second world war. Since 2015, under a majority Conservative Government, 550,000 people have entered the UK on humanitarian grounds. That compares extremely favourably with the record of the Government of which she was a member.

Illegal Migration Bill

Robert Buckland Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Stephen Kinnock]

The hon. Gentleman is right, we have had this conversation before, and he consistently refuses to listen to the fact that the Dublin regulation acted as a deterrent, so the numbers that he talks about were small. The number of small boat crossings was small when we were part of the Dublin regulation. We left the Dublin regulation, and now the number is large—it is not rocket science. There is a clear connection, a correlation, a causal link between the two.

[Sir Robert Buckland (South Swindon) (Con)]

The hon. Gentleman is being very generous with his time. The reason the small boats problem has grown exponentially is that we dealt with the lorries issue. We closed the loophole when it came to lorries and the channel tunnel in particular, and that is why people are now resorting to small boats. It is nothing to do with Dublin. Surely those are the facts.

[Stephen Kinnock]

I simply say to the right hon. and learned Gentleman that last year, we had 45,000 people coming on small boats and goodness knows how many on lorries—of course, those coming by clandestine means in the back of a lorry are far more difficult to detect than those coming on small boats, so the small boats crisis is, by definition, far more visible. It is true that that juxtaposition and the new arrangements have had a positive impact, but we still do not know how many are coming. I have been to camps in Calais and spoken to many who are planning to come on lorries rather than on small boats—not least because it is a far cheaper alternative. The reality is that a very large number of people are coming to our country through irregular means, but it is also clear that that number was significantly smaller when we were part of the Dublin regulation. That is because it was a comprehensive deterrent, compared with the utterly insignificant power of the Rwanda programme as a deterrent.