Safety of Rwanda (Asylum and Immigration) Bill

Debate between Robert Jenrick and Rosie Winterton

Committee of the whole House
Wednesday 17th January 2024 Commons Chamber

[Robert Jenrick (Newark) (Con)]

I beg to move amendment 11, page 3, line 21, after “Act” insert

“, and of the Illegal Migration Act 2023 insofar as they relate to the removal of persons to Rwanda”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

[The First Deputy Chairman]

With this it will be convenient to discuss the following:

Amendment 12, page 3, line 22, after “disapplied” insert

“, in relation to both of those Acts in relation to the removal of a person to Rwanda”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 13, page 3, line 25, after “legislation),” insert—

“(ba) sections 4 (declaration of incompatibility) and 10 (power to take remedial action),”

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 14, page 3, line 27, leave out from “apply” to end of line 29 and insert

“in relation into provision made by or by virtue of this Act, the Illegal Migration Act 2023 and the Immigration Acts in relation to the removal of a person to Rwanda”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 15, page 3, line 30, at end insert

“, the Illegal Migration Act 2023 or the Immigration Acts”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 16, page 3, line 30, at end insert—

“(4A) Sections 4 and 10 do not apply in relation to provision made by or by virtue of this Act, the Illegal Migration Act 2023, or the Immigration Acts.”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 17, page 3, line 32, leave out paragraphs (a) to (c) and insert

“provision made in relation to the removal or proposed removal to Rwanda by or by virtue of this Act or the Illegal Migration Act 2023.”.

This amendment is intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA.

Amendment 18, page 4, line 6, at end insert—

“(5A) This section applies only in relation to the removal or proposed removal of a person to Rwanda under this Act or the Illegal Migration Act 2023.”.

This and other amendments to Clause 3 are intended to ensure that the relevant provisions of the Human Rights Act 1998 are fully disapplied for both this Bill and for the Illegal Migration Act 2023 in relation to removals to Rwanda – including by ruling out the use of sections 4 and 10 of the HRA. The Immigration Acts are listed in section 61(4) of the UK Borders Act 2007, as amended.

Clause 3 stand part.

Amendment 7, in clause 5, page 5, line 12, leave out subsection (2).

This amendment would omit the provision that only a Minister of the Crown can decide whether the United Kingdom will comply with interim measures of the European Court of Human Rights.

Amendment 23, page 5, line 13, leave out subsection (2) and insert—

“(2A) The interim measure is not binding on the United Kingdom, and will have no effect on any provision made by or by virtue of this Act or the Illegal Migration Act 2023, and shall not prevent or delay the removal of a person to Rwanda under this Act or the Illegal Migration Act 2023.”.

This ensures that the default position is that Rule 39 indications are not treated as binding on the United Kingdom and will not prevent removals to Rwanda, but to provide an optional discretion to Ministers.

Amendment 8, page 5, line 15, leave out subsection (3).

This amendment would remove the requirement that a court or tribunal must not have regard to the interim measure when considering any application or appeal which relates to a decision to remove the person to the Republic of Rwanda.

Amendment 51, page 5, line 15, leave out “not”.

This amendment would require court or tribunal to have regard to an interim measure of the European Court of Human Rights.

Amendment 24, page 5, line 19, leave out subsection (4) and insert—

“(4A) A Minister of the Crown, acting in person, may (but need not) determine that the duty to remove in section 2(1) of the Illegal Migration Act 2023 is not to apply in relation to a person to whom this section applies.”.

This amendment is linked to Amendment 23.

Amendment 52, page 5, line 22, leave out paragraph (b).

This amendment removes the definition in relation to Clause 5 of “Minister of the Crown” as a Minister of the Crown acting in person.

Amendment 38, page 5, line 23, after “person” insert

“in consultation with the Attorney General.”.

Explanatory note: This amendment ensures a Minister of the Crown making a decision on compliance with an interim injunction consults with the Attorney General.

Amendment 9, page 5, line 23, at end insert—

“(5) The Government must, within three months of this Act receiving Royal Assent, lay before Parliament a copy of a report setting out how this clause is compatible with Section 7A of the European Withdrawal Act and the UK’s obligations to citizens under the Good Friday Agreement.

(6) Within three sitting days of a report being laid under subsection (5) the Government must move in each House an amendable motion that that House has considered and approved the report which has been laid.

(7) Subsections (2) and (3) do not come into force until such as time as both Houses have passed motions under subsection (6) approving reports laid under subsection (5).”.

Amendment 25, page 5, line 23, at the end insert—

“(5) Section 55 of the Illegal Migration Act 2023 is amended as follows.

(6) In subsection (6) —

(a) omit “Where a Minister of the Crown does not make a determination under subsection (2)”, and

(b) after “applies” insert “in relation to the removal or proposed removal of a person to Rwanda”.

(7) For subsection (9) substitute —

“(9A) Where a Minister of the Crown has not made a determination under subsection (2) in relation to the removal or proposed removal of a person to Rwanda, section 4(2) of the Safety of Rwanda (Asylum and Immigration) Act 2024 applies.”

(8) After subsection (10) insert—

“(11) Section 8(18) applies to any decisions made in connection with this section or section 5 of the Safety of Rwanda (Asylum and Immigration) Act 2024.””.

This amendment ensures that the default position is that Rule 39 indications are not treated as binding on the United Kingdom and will not prevent removals to Rwanda, but to provide an optional discretion to Ministers.

Clauses 5 and 6 stand part.

Amendment 58, in clause 7, page 6, leave out line 18 and insert—

““safe country”—

(a) means a country to which persons may be removed from the United Kingdom in compliance with all of the United Kingdom’s obligations under international law, and

(b) includes, in particular, a country—

(i) from which a person removed to that country will not be removed or sent to another country in contravention of any international law, and

(ii) in which any person who is seeking asylum or who has had an asylum determination will both have their claim determined and be treated in accordance with that country’s obligation under international law.”.

This amendment is consequential on the removal of Clause 1 and restores to the Bill a different clarification of the meaning of “safe country” for the purposes of the Bill.

Clause 7 stand part.

Amendment 4, in clause 8, page 6, line 23, leave out “Scotland”.

The intention of this amendment is to prevent the Bill affecting the law in Scotland.

Amendment 5, page 6, line 25, after “within” insert “the rest of”.

The intention of this amendment is to ensure that any amendment made by any Act resulting from this Bill would affect only the rest of the UK, and not Scotland (see Amendment 4).

Amendment 32, page 6, line 25, leave out “the United Kingdom” and insert

“England and Wales and Northern Ireland.”.

This amendment is linked to Amendment 4 and is intended to remove the application of this Bill to Scotland.

Clause 8 stand part.

Amendment 53, in clause 9, page 6, line 38, leave out from “Act” to end of line 39 and insert

“shall only come into force only when each House of Parliament has come to Resolution on the following motion tabled by a Minister of the Crown: That the Agreement, done at Kigali on 5 December 2023, between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda for the Provision of an Asylum Partnership Agreement to Strengthen Shared International Commitments on the Protection of Refugees and Migrants (CP 994), a copy of which was laid before Parliament on 6 December 2023, should not be ratified.”.

This amendment aims to remove the treaty section from the bill and ensure there’s a separate debate on the matter.

Amendment 59, page 6, line 38, leave out from “force” to end of line 39 and insert

“on the day after the Secretary of State has laid before Parliament a statement that the Monitoring Committee under Article 15 of the Rwanda Treaty has been fully established (and see section (suspension of Act if Monitoring Committee not in operation))”.

This amendment makes commencement of the Act contingent on the establishment of the Monitoring Committee under Article 15 of the Rwanda Treaty.

Amendment 33, page 6, line 39, after “force” insert

“in England and Wales and in Northern Ireland”.

This is a paving amendment for Amendment 34.

Amendment 36, page 6, line 39, after “force” insert

“, or the day on which a full economic impact assessment for the bill is published including any financial memorandum signed between Rwanda and the UK relating to the Rwanda Treaty, whichever is later”.

This amendment requires the publication of a full impact assessment on the costs involved in removals to Rwanda under the bill, including per-person removal costs and the confidential financial memorandum signed between the two countries, in advance of the Bill entering into force.

Amendment 34, page 6, line 39, at end insert—

“(1A) This Act comes into force in Scotland on the day after the Scottish parliament grants its legislative consent to this Act.”.

This amendment would prevent the Bill coming into effect in Scotland until after it had been agreed to by the Scottish Parliament.

Clauses 9 and 10 stand part.

New clause 2—Monitoring and enforcement of conditions (No. 2)—

“(1) If the conditions of subsection (2) are met, then no provision of this Act shall have effect until such as time as each House of Parliament has passed a motion agreeing that the Act remain in effect.

(2) The conditions of this subsection are that the Monitoring Committee has—

(a) published a report noting that any provision of the UK-Rwanda treaty is not being adhered to by either party,

(b) published a report noting that the conditions under which asylum seekers are being held in Rwanda are materially different to those in place at the point where the UK-Rwanda treaty was signed, or

(c) published a report in the last six months confirming that neither (2)(a) or (2)(b) have in their view been necessary.

(3) For the purposes of this section, the Monitoring Committee refers to the Committee established by Article 15 of the UK-Rwanda treaty: provision of an asylum partnership.”.

New clause 3—Effect in Northern Ireland—

“The provisions of this Act shall have effect in Northern Ireland, notwithstanding Section 7A of the European Union (Withdrawal) Act 2018.”

New clause 4—Court of Session—

“Notwithstanding anything in this Act the supervisory jurisdiction and the nobile officium of the Court of Session are preserved.”

New clause 5—Monitoring Committee—

“(1) A Monitoring Committee overseeing removals to Rwanda must be established and maintained in accordance with Article 15 of the Rwanda Treaty.

(2) The Monitoring Committee must report to Parliament every 90 days from when it is first established to confirm that the obligations set out in the Rwanda Treaty are being complied with.

(3) If a report made under subsection (2) either (a) is not received within a 90-day period or (b) does not confirm that the relevant obligations are being complied with, the provisions of this Act relating to the removal of persons to Rwanda do not apply.

(4) Reports made under subsection (2) may be taken into consideration in proceedings of any court or tribunal.”

This new clause places the Monitoring Committee for the Rwanda Treaty on a statutory basis, requires regular reporting to Parliament, and ensures that their findings can be reviewed and can affect the operation of measures in the Act resulting from this Bill.

New clause 7—Reporting requirements—

“(1) Within 60 days of this Act receiving Royal Assent, and at every 90 days subsequently, the Secretary of State must provide a written report to Parliament setting out—

(a) the number of individuals relocated under the Rwanda Treaty,

(b) the current location and immigration status of any individuals relocated under the Rwanda Treaty, and

(c) the quarterly and total costs incurred to transfer individuals to Rwanda under the Rwanda Treaty, including processing costs.

(2) The Secretary of State must also notify Parliament within 10 days of any direct payments being made to the Republic of Rwanda under the terms of the Rwanda Treaty.”

This new clause requires the Secretary to report regularly to Parliament on the operation of the Rwanda Treaty, and to promptly notify Parliament of any payments made by the UK Government to the Republic of Rwanda under the terms of the Rwanda Treaty.

New clause 8—Return of individuals due to serious criminal offences—

“(1) A Minister of the Crown must lay a statement before Parliament within 40 days if both of the following conditions are met—

(a) the Secretary of State has approved a request from the Republic of Rwanda to return to the UK a person previously relocated under the terms of the Rwanda Treaty,

(b) the person specified in (a) had their permission to remain in the Republic of Rwanda revoked owing to the person’s participation in serious crime.

(2) If Parliament is notified of the conditions being met as set out in section (1),—

(a) a motion must be moved by a Minister of the Crown to be debated on the floor of the House of Commons, and

(b) the motion must require the House to—

(i) consider the statement laid before Parliament under section (1), and

(ii) consider whether or not as a result of the contents of the statement, there should be a suspension of the Rwanda Treaty.

(3) For the purposes of this section—

“the Rwanda Treaty” means the agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda for the provision of an asylum partnership to strengthen shared international commitments on the protection of refugees and migrants, signed at Kigali on 5 December 2023;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.”.

New clause 9—Removals to Rwanda under the Illegal Migration Act 2023—

“Within 60 days of this Act receiving Royal Assent, the Secretary of State must lay before Parliament a statement referring to all individuals whose asylum claims have been deemed inadmissible since the granting of Royal Assent to the Illegal Migration Act 2023, confirming—

(a) the number of such individuals due to be removed to Rwanda under the Rwanda Treaty,

(b) the timetable for these removals, and

(c) the arrangements in place for any such individuals not due to be removed to Rwanda during the time period set out in the Rwanda Treaty.”.

This new clause requires the publication of a timetable for the Government’s plans to remove the 33,000 asylum cases accrued under the provisions of the Illegal Migration Act 2023 to Rwanda.

New clause 13—Suspension of Act if Monitoring Committee not in operation—

“(1) This Act ceases to have effect on the day after the Secretary of State has laid before Parliament a statement that the Monitoring Committee under Article 15 of the Rwanda Treaty has (for whatever reason) ceased to function.

(2) The suspension of this Act under subsection (1) is terminated (and this Act accordingly resumes effect) on the day after the Secretary of State has laid before Parliament a statement that the Monitoring Committee under Article 15 of the Rwanda Treaty has started to function normally after a period when it had ceased to function.”.

This new clause makes the operation of the Act resulting from this Bill dependent on the continued operation of the Monitoring Committee to be established under Article 15 of the Rwanda Treaty.

Amendment 39, in clause 1, page 1, line 2, leave out from “to” to “the” in line 3 and insert

“uphold the intention of Parliament to respect and abide by the Human Rights Act 1988 and International law (see subsection (6)) in respect of”.

This amendment rewords part of the declaratory Clause 1.

Amendment 40, page 1, leave out line 6.

Amendment 41, page 1, line 7, leave out paragraph (a).

This amendment aims to remove the treaty section from the bill and ensure there’s a separate debate on the matter.

Amendment 42, page 1, line 11, leave out paragraph (b).

Amendment 31, page 2, line 4, leave out subsection (4).

The effect of this amendment is to remove the reference to the sovereignty of parliament and the assertion that an Act is unaffected by international law.

Amendment 43, page 2, line 6, leave out “the validity of an Act is unaffected by” and insert

“Parliament of the United Kingdom will normally legislate with the intention of abiding by, complying with, and implementing, international law”.

Amendment 44, page 2, line 7, leave out subsection (5).

This amendment leaves out the definition for the purposes of this Bill of a “safe country”.

Amendment 54, page 2, line 9, leave out from first “Kingdom” to “and” in line 11.

This amendment would remove from the Bill text which suggests that Parliament can determine whether the UK is in compliance with international law.

Amendment 55, page 2, line 14, leave out from “country” to end of line 19.

This amendment would remove from the Bill text which suggests that Parliament can determine whether the UK is in compliance with international law.

Clause 1 stand part.

[Robert Jenrick]

I know that the Minister for Countering Illegal Migration, my hon. and learned Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), said that he did not watch box sets, but here we are once again for the next episode of this drama. It is also the most important one of all, because this is likely to be the final opportunity for this House to consider the Bill. Does it work? Will we be able to stop the boats? Can we secure our borders? As Members in all parts of the House know, I feel passionately that illegal migration is doing untold damage to our country, and we have to make sure that the Bill actually does the job.

I want to speak to two amendments, but one in particular, and that is the one with respect to rule 39. Let me say at the outset of this debate that I do not believe that our membership of the European convention on human rights is sustainable. I think that that will become clearer and clearer to the British public in the months and years ahead, but that is not the purpose of my amendment today and it is not the subject of this debate. That is a discussion for another day. What we are discussing here is whether we believe it is appropriate for a foreign judge in an international court to impose a late-night judgment, often without the United Kingdom being able to give its own arguments or to hear the reasons for that judgment; whether we think that that really accords with the rule of law, particularly in relation to this policy; and whether we are willing to see the same thing happen again that happened in the summer of 2022, when a judge did just that, grounding the flight and preventing the policy, leading to months, indeed years, of legal action and tens of thousands of illegal migrants breaking into our country, costing our taxpayers billions of pounds, imperilling lives in the channel and perpetuating this challenge for years to come.

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[Robert Jenrick]

No. There may be a good-faith disagreement between the hon. and learned Lady and me, but I do not believe that international bodies and courts should be able to grow organically as a result of the decisions of activist judges. This is a matter of the rule of law and of parliamentary sovereignty. We in the United Kingdom chose to be a signatory to the European convention on human rights, and I do not think it is correct that the Court gave itself this power in 2005.

I return to how this matter relates to the policy. First, let us cast our minds back to the summer of 2022. A rule 39 interim measure was imposed by the Court to ground a flight and to prevent us from proceeding with the policy. Do we think that anything has changed in the months and years that have passed? My conjecture is no. We will be in exactly the same position in a few months’ time unless we take action.

We included a provision in the Illegal Migration Act that merely restated the orthodox constitutional and legal position that, in theory, it is at a Minister’s discretion whether to comply with a rule 39 interim measure. Underlying that was the Government’s legal advice—which I believe to be erroneous, for the reasons I have just described—that they would be in breach of international law not to do so. As far as I am aware, the Attorney General and the Government Legal Service therefore continue to advise Ministers and civil servants that a decision not to support a rule 39 interim measure would be illegal and in breach of the ministerial code.

My best recollection was that no Minister should give any indication that they would ignore a rule 39 interim measure. The Attorney General’s position, as I understand it, is that there is a very small number of cases in which it is conceivable that one could do so, but that is a vanishingly slim number of cases and situations. As night follows day, if that position were to continue, we would find ourselves in exactly the same situation as we were in during the summer of 2022. I do not want to be in that position. It would be a huge breach of trust with the British public if we knew that something was likely—if we watched this train not speeding down the tracks but moving slowly towards us—and had ample opportunity to resolve the issue, but chose to do absolutely nothing. We have kicked the can down the road and now there is no more road—at the end of the road there is a precipice. We are moving forward with a scheme, but we do not know how to implement it. We are pulling the pin out of the grenade, but we have not got the guts to throw it.

We need to resolve this and the way to do that is simple: the Government could accept the amendment that stands in my name and those of many others. To do so is not to say that we are leaving the European convention on human rights. There are respectable international law arguments behind the amendment, and I would wager that the Government would have no difficulty in finding senior King’s counsel and former judges in the other place who would support my position—and the Government’s position, should they choose to adopt it.

The Government could change some of the accompanying minor documentation, such as the civil service code and the ministerial code. I would not place too much emphasis on those. At the end of the day, this is not about civil servants; it is about Ministers and the law. A good captain does not blame his sailors. It is on us: we have the power to fix this and we have the responsibility. So let us use the opportunity we have today with the amendment to resolve this situation. If we do not, we will be here in two months’ time, the Strasbourg Court will impose a rule 39 measure and the Government will be scrambling around trying to resolve the situation, and they will have no one else to blame.

I am here to help the Government, to ensure that this policy works, because I, like everyone, at least on this side of the Committee, believe passionately that we have to make this policy work and to stop the boats. So I strongly encourage my hon. and learned Friend the Minister, and indeed the Prime Minister, to support the amendment, and I encourage everyone else on both sides of the Committee who shares my determination to fix this problem to do exactly the same.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I call the shadow Minister.

Safety of Rwanda (Asylum and Immigration) Bill

Debate between Robert Jenrick and Rosie Winterton

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Robert Jenrick]

With all due respect, I will not give way, because I only have a few minutes left.

We need to use the time that we have left in government before the general election. Of course, I hope we win the next general election, but the public are watching us. They expect us to fix this problem, so why would we not put into the Bill all the strongest protections at our disposal?

On the second important thing that needs to change in the Bill, it is inevitable, in the light of the Supreme Court’s judgment, that the Strasbourg Court will impose further rule 39 interim measures. That is, after all, what bedevilled the flight arranged by my right hon. Friend the Member for Witham (Priti Patel) a year or so ago. We have to stop that. It is a matter of sovereignty for our country that Ministers, acting on the instructions of Parliament, do not allow the flights to be delayed.

The provision in the Bill is sophistry. It is the express policy of the Government that rule 39 injunctions are binding and that to ignore them would be a breach of international law. We are being asked to vote for a provision that it would be illegal to use. I do not want to be in the position that my right hon. Friend the Member for Witham, whose determination I do not doubt, was in. I do not want my right hon. Friend the Home Secretary or my successors as Immigration Minister to be in that position. We as a House are giving them a hard deal and doing them a disservice if we allow the Bill to continue in that way. They must have the full power of Parliament to ignore those rule 39 injunctions and get those flights in the air.

There are things that others will contribute, not least my hon. Friend the Member for Stone (Sir William Cash) on his work drawing out some of the other challenges with the Bill, so I will close with this. This is not a bad Bill, but it is not the best Bill. I want the Bill to work. The test of this policy is not, “Is it the strongest Bill that we have done?”, or, “Is it a good compromise?” It is: “Will it work?” That is all the public care about. They do not care about Rwanda as a scheme; they care about stopping the boats, and we are sent here to do that for them. I will never elevate contested notions of international law over the interests of my constituents or vital national interests such as national security and border security. The Bill could be so much better. Let us make it better. Let us make it work.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

Net Migration Figures

Debate between Robert Jenrick and Rosie Winterton

Tuesday 28th November 2023 Commons Chamber

[Robert Jenrick]

My hon. Friend raises a number of issues, all of which are worthy of consideration and which the Home Office is working through at present. It is certainly true that a very substantial number of dependants have come to the UK alongside visa holders, whether students, care workers or skilled workers. It is a choice for the country whether we want to continue to pursue that. There is a strong argument that it is unsustainable for the country to continue to take so many dependants, who put pressure on housing, public services, school places and so on. We could base our visa system on different models to stop so many dependants coming into the country. We have seen a very substantial number of care worker visas issued, and those care workers bring dependants with them on almost a one-for-one basis. As my hon. Friend knows, we are actively considering that.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

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[Robert Jenrick]

The great reform that this Government have achieved is taking back control of the levers of migration by leaving the European Union. Now the task falls to us to use those in a judicious and discerning way to bring down the levels of net migration, and that is exactly what we intend to do.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for answering the urgent question.

Illegal Migration Update

Debate between Robert Jenrick and Rosie Winterton

Tuesday 5th September 2023 Commons Chamber

[Robert Jenrick]

I am grateful to my right hon. Friend for the co-operation that we have had in respect of that site. I know that she supports the use of large sites, such as disused military bases, for that purpose—it was her policy when she was Home Secretary. We want to use that site for the shortest possible period. We have not put an end date on our use. We have taken advantage of the emergency planning powers that are available in these circumstances; she knows that that has a limited timeframe, after which further action needs to be taken. It is important that we provide the local community with the resources necessary to manage such sites appropriately. That is why we have provided the £3,500 payment. If the site is used for a sustained period, it is correct that we should look again at that and see whether a further payment is appropriate. We have also provided funding for Essex police and for her local NHS services so that the pressure on her constituents, and those of her neighbouring MPs, is as minimal as possible while we deliver this service in their area.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

The Minister comes here again with another statement, but the problem is not the boats; it is the backlogs. He comes here fiddling figures with legacy backlogs, but the flow backlog of people coming into the country continues to increase, and the hidden backlog—those granted asylum by the courts but left waiting for his party to complete the paperwork—grows and grows. In reality, we have a backlog of 175,000 people waiting for a decision from his Department—the highest number since records began— and we local MPs get only boilerplate replies that give no reassurance to our constituents left in limbo by his incompetent Department.

We all want to see an end to the small boats and to people risking and losing their lives in the channel, but that requires safe and legal routes, which do not exist. They certainly do not exist for Iraqis, Iranians, Eritreans or Sudanese people. For Afghans, the Afghan relocations and assistance policy and the Afghan citizens resettlement scheme, which they should be able to access, are not fit for purpose, either. Fewer than 50 people have been settled through pathway 3 this year, but just shy of 2,000 have come on small boats in the past two quarters because the system is broken and the Government are not interested in fixing it.

Has the Minister met the Fire Brigades Union regarding his expensive plague ship moored off Dorset? Has he given any thought to how his Illegal Migration Act will actually work? Many in the sector do not understand and have not had any guidance from the Minister on what will happen to the people left in immigration limbo by his Department.

Finally, Scotland has sought an alternative to this broken system, and in the summer we launched our “Citizenship in an independent Scotland” paper. The Government are more interested in pulling up the drawbridge and courting the Daily Mail, so will the Minister devolve immigration to Scotland and let us get on with the job of being a welcoming country and playing a role in the world?

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[Robert Jenrick]

I am grateful to my right hon. Friend for his question and our continued co-operation. We believe that this policy is in the national interest. It is right that those coming to this country are accommodated in decent but never luxurious accommodation, so that we do not create a pull factor to the UK. It is through delivering sites such as Scampton—which I appreciate have a serious impact on his constituents—that later this year I hope we will begin to close hotels in earnest and return those facilities to the general public for tourism, business and leisure, which I know is supported by Members across the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

On behalf of the Home Affairs Committee, may I send our thoughts and prayers to all those affected by the loss of life in the channel last month?

The Home Affairs Committee has long urged the Government to clear the asylum backlog, and I am pleased that the legacy backlog is starting to shrink. However, there are important questions about the quality and quantity of decisions. On quality, it was reported in The Sunday Times last week that interviews have been slashed from seven hours to 45 minutes. Could the Minister explain how the Home Office is evaluating and guaranteeing the quality of those decisions?

On quantity, the Home Office has reportedly doubled the rate of decision making on the legacy backlog since the end of June. What resources and support will be offered to local authorities when they start having to deal with the dramatic increase in the number of positive asylum claim decisions?

--- Later in debate ---

[Robert Jenrick]

I can tell the House what would happen if the Labour party was in charge of returns. [Interruption.] No, this is an important point to make. The right hon. and learned Member for Holborn and St Pancras (Keir Starmer), during his campaign to be leader of the Labour party, campaigned to close detention centres. Dozens of Labour MPs have campaigned against immigration removal centres, and numerous Labour MPs have sided with dangerous foreign criminals versus the British public, opposing their removal from this country. The Labour party, including the hon. Member for Chesterfield (Mr Perkins), opposed our reforms to modern slavery legislation—reforms that were essential in order to remove people from this country expeditiously. While we are getting returns up—as I said in my statement, they have already risen substantially—I worry what would happen under the Labour party, because it has absolutely no strategy to tackle that issue.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I re-emphasise the importance of answering on responsibilities that the Minister has.

[Richard Drax (South Dorset) (Con)]

I thank my right hon. Friend for the very helpful telephone calls I have had during the summer concerning the Bibby Stockholm barge, which is in Portland port in my constituency—something that the majority of us oppose, as he knows. We do not have any migrants on board due to the legionella problem, and I understand that the Government are facing various legal actions, not least from the Fire Brigades Union. Could he kindly update me and my constituents on the situation concerning that barge, and when and if the migrants will return?

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just a quick reminder that we must have succinct questions because we have a lot to get through later.

[Robert Jenrick]

I would be very happy to take a look at that, and I completely understand and appreciate the unique pressures that Kent faces.

Illegal Migration Bill: Economic Impact Assessment

Debate between Robert Jenrick and Rosie Winterton

Tuesday 27th June 2023 Commons Chamber

[Robert Jenrick]

My hon. Friend is absolutely right. There is a view expressed by some, mainly on the left, that the UK is somehow an outlier in pursuing a policy like Rwanda. I can tell him, having spoken to our European counterparts and Home Affairs and Interior Ministers in north Africa and beyond, that leaders across the world are looking to the UK not as an outlier but as a leader in this field. They are looking to the Rwanda policy as one of the most innovative and comprehensive approaches to a problem that everyone is facing. In an age of mass migration, with millions of people on the move, it is right that the UK leads. We will invest in border security, and that is the difference between us and the Labour party. [Interruption.] The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) does not want to invest in border security; we do. We will pursue the Rwanda policy, we will secure our borders, and other countries will follow our lead.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Scottish National party spokesperson.

--- Later in debate ---

[Robert Jenrick]

I agree with my right hon. Friend. Border security is the first priority of any Government. We understand that, and that is why we are investing in it and ensuring that we can stop the boats. I am only surprised that the Opposition care so little about our national security.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Two weeks ago, when the Home Secretary gave evidence at the Home Affairs Committee, I asked her when the impact assessment for the Illegal Migration Bill would be published. While I welcome the fact that it has been published today, or last night, it is after the Bill has completed all its stages in the House of Commons and is three quarters of the way through the House of Lords. That is wholly unsatisfactory for Parliament to undertake its role of scrutinising Government legislation. At that Select Committee sitting, the Home Secretary also said:

However, I would also say that to my mind it is pretty obvious what the economic impact of the Bill will be. We will stop spending £3 billion a year on our asylum cost. It is a Bill that will lead to the cessation of 45,000 people in hotels and £6 million a day. To my mind, those are savings that we cannot ignore.”

The Home Secretary told the Home Affairs Committee that those savings would happen. Can the Minister help me by pointing to where those savings are in the impact assessment? I am struggling to find those figures in the document that the Government have produced.

--- Later in debate ---

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

The Prime Minister claims he is ready to take tough financial decisions, such as not giving our NHS heroes a pay rise, leaving them struggling to pay ever-increasing mortgages and the cost of living caused by those on the Government Benches voting measures through and crashing our economy just a few months ago. The Rwanda scheme is set to cost even more billions than the already crashed asylum system, delivered by those on the Government Benches over there. So how can the Minister truly sit there and justify spending £169,000 to send one single asylum seeker to Rwanda? I accept that the Government are working with local authorities on housing in the private sector—deregulated housing in the private sector that cannot be given to any of our people. That is what he is doing. You cannot justify what is going on here. You’ve crashed it and you go on to—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Lady is experienced enough to know that she does not address the Minister directly like that, but through the Chair.

[Robert Jenrick]

The hon. Lady is wrong on a number of counts. First, the impact assessment does not say that it costs £169,000 to send somebody to Rwanda. The figure is an indicative one based on the Syrian resettlement scheme, as I said in answer to a previous question. The partnership with Rwanda is rightly commercially sensitive, so she is wrong to draw the inference that she does. With respect to accommodating asylum seekers, we want to ensure we bring those costs down and we want the best possible relationships with local government to do just that. But the truth is that the driver of those costs is the sheer number of people crossing the channel every year. Unless we take decisive action, I am afraid that will continue to rise. That is why she should support us when the Bill returns to the Commons.

--- Later in debate ---

[Robert Jenrick]

The difference is that the people to whom the hon. Gentleman has referred come here legally. We welcome people who come here legally—as visitors on tourist visas, as workers on work visas, as NHS workers on NHS and social care visas—but it is very different if people break into our country, flagrantly breaching our laws. No other country in the world would tolerate that, and neither should we.

[Madam Deputy Speaker (Dame Rosie Winterton)]

That brings us to the end of the urgent question.

--- Later in debate ---

[Robert Jenrick]

Further to that point of order, Madam Deputy Speaker. Perhaps it would be helpful if I sent the hon. Lady a copy of the letter that I wrote to the Scottish Government recently, which debunks many of the points that they had raised with regard to the vessel in Leith. If there is still time, the hon. Lady could ask them to change their mind, because if they are willing to accommodate Ukrainians, surely, given how strongly they feel about asylum seekers, they would want to do the same in this instance.

[Madam Deputy Speaker]

I am not entirely sure—

British Nationality (Regularisation of Past Practice) Bill

Debate between Robert Jenrick and Rosie Winterton

Committee of the whole House
Tuesday 6th June 2023 Commons Chamber

[Robert Jenrick]

I beg to move, That the Bill be now read the Third time.

If only all Home Office Bills were as smooth as this one. It is a pleasure to speak on Third Reading and to use this opportunity to thank my officials at the Home Office for the good work they have done in producing this Bill in quick time, which provides the legal certainty that a significant number of people in this country—our fellow citizens—deserve. It is absolutely right that we put their citizenship status beyond doubt as quickly as possible, so that they are in no way disadvantaged and can continue their lives with the same rights and entitlements they have always enjoyed.

I thank all those who have prioritised the passage of the Bill through the House, including the House authorities and the Bill team. I particularly thank representatives from the Project for the Registration of Children as British Citizens, the Immigration Law Practitioners’ Association and the3million, which have worked collaboratively and fruitfully with Government officials as the Bill has been developed.

I also thank the hon. Member for Aberavon (Stephen Kinnock) and the hon. Member for Glasgow Central (Alison Thewliss) for their support, which is appreciated, and Members on both sides of the House who came today to represent cases that had arisen in their constituencies. They can now report to their constituents, as we all can, that this important matter is being resolved. For the reasons I have set out, I urge all Members to support the Bill in its passage to the other place.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

British Nationality (Regularisation of Past Practice) Bill

Debate between Robert Jenrick and Rosie Winterton

2nd reading
Tuesday 6th June 2023 Commons Chamber

[Robert Jenrick]

The hon. Gentleman makes an important point, and he is right to make that point. I will restate it for him, if that would be helpful.

I want to be clear that the Bill is not about creating new British citizens. These are people who have always considered themselves to be British, and whom successive Governments have also considered as such. They may have lived here, worked here, had children here and organised their lives based on policy published under both Conservative and Labour Governments confirming that they are British. It is essential that we provide them with legal certainty as to their citizenship status as soon as possible, so they can continue their lives in our country with the same rights and entitlements they have always enjoyed.

I think we can all agree that this short but important Bill seeks to do the right thing by putting the citizenship status of affected individuals beyond doubt, and I urge all colleagues on both sides of the House to support its quick passage.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

Illegal Migration Bill

Debate between Robert Jenrick and Rosie Winterton

Report stage
Wednesday 26th April 2023 Commons Chamber

[The Minister for Immigration (Robert Jenrick)]

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

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Government new clause 19—Credibility of claimant: concealment of information etc.

Government new clause 20—Legal aid.

Government new clause 23—Electronic devices etc.

Government new clause 24—Decisions relating to a person’s age.

Government new clause 25—Age assessments: power to make provision about refusal to consent to scientific methods.

Government new clause 26—Interim measures of the European Court of Human Rights.

Government new clause 22—Interim remedies.

Government new clause 8—Report on safe and legal routes.

New clause 1—Detainees: permission to work after six months—

“(1) Within six months of the date of Royal Assent to this Act the Secretary of State must make regulations providing that persons detained under this Act may apply to the Secretary of State for permission to take up employment, including self-employment and voluntary work.

(2) Permission to take up employment under regulations made under subsection (1)—

(a) must be granted if the applicant has been detained for a period of six months or more, and

(b) shall be on terms no less favourable than those upon which permission is granted to a person recognised as a refugee to take up employment.”

This new clause would require the Secretary of State to make regulations within 6 months of the passing of the Act allowing those detained under measures in the Act to request permission to work after 6 months.

New clause 2—Arrangements for removal: pregnancy—

“The duty in section 2(1) and the power in section 3(2) do not apply in relation to a person who the Secretary of State is satisfied is pregnant.”

This new clause would exempt pregnant women and girls from the provisions about removals.

New clause 3—Effect of this Act on pregnant migrants: independent review—

“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on pregnant migrants.

(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”

New clause 4—Independent child trafficking guardian—

“(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable an independent child trafficking guardian to be appointed to assist, support and represent a child to whom subsection (2) applies.

(2) This subsection applies to a child if a relevant authority determines that—

(a) there are reasonable grounds to believe that the child—

(i) is, or may be, a victim of the offence of human trafficking, or

(ii) is vulnerable to becoming a victim of that offence, and

(b) no person in the United Kingdom is a person with parental rights or responsibilities in relation to the child.”

Based on a Home Affairs Select Committee recommendation (1st Report: Channel crossings, migration and asylum, HC 199, 18 July 2022), this amendment would establish an Independent Child Trafficking Guardian to support every asylum seeker under the age of 18 in their interactions with immigration and asylum processes.

New clause 5—Immigration rules since December 2020: human rights of migrants—

“(1) Regulations bringing any provisions of this Act into force may not be made before publication of a report under subsection (2).

(2) The Secretary of State must commission and lay before Parliament an independent report on the effects of the immigration rules on the human rights of migrants since December 2020.

(3) The report under subsection (2) must include, but is not limited to, an analysis of the following areas—

(a) safe and legal routes,

(b) relocation of asylum seekers,

(c) detention,

(d) electronic tagging,

(e) legal aid, accommodation, and subsistence,

(f) the right to work, and

(g) modern slavery.”

New clause 6—Effect of this Act on victims of modern slavery: independent review—

“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on victims of modern slavery.

(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”

New clause 7—Effect of this Act on the health of migrants: independent review—

“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on the physical and mental health of migrants.

(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”

New clause 9—Accommodation: duty to consult—

“(1) Section 97 of the Immigration and Asylum Act 1999 (supplemental) is amended as follows.

(2) After subsection (3A) insert—

‘(3B) When making arrangements for the provision of accommodation under section 95 or section 4 of this Act, the Secretary of State must consult with representatives of the local authority or local authorities, for the area in which the accommodation is located.

(3C) The duty to consult in subsection (3B) applies to accommodation including hotel accommodation, military sites, and sea vessels.

(3D) The duty to consult in subsection (3B) also applies to any third party provider operating within the terms of a contract with the Secretary of State.’”

This new clause would add to the current law on provision of accommodation to asylum seekers a requirement to consult with the relevant local authorities when making the necessary arrangements.

New clause 10—Expedited asylum processing—

“(1) Within 60 days of this Act coming into force, the Secretary of State must issue regulations establishing an expedited asylum process for applicants from specified countries who have arrived in the UK without permission.

(2) Within this section, “specified countries” are defined as those countries or territories to which a person may be removed under the Schedule to this Act.”

This new clause requires the Secretary of State to establish a process to fast-track asylum claims from specified countries.

New clause 11—Accommodation: value for money—

“(1) Within 90 days of this Act coming into force, the Secretary of State must lay before Parliament—

(a) all procurement and contractual documents connected with the provision of asylum accommodation and support provided by third-party suppliers under sections 4 and 95 of the Immigration and Asylum Act 1999;

(b) an updated value for money assessment for all asylum accommodation and support contracts currently in force.

(2) Any redactions to the documents provided under subsection (1) should only relate to material that is commercially sensitive.”

This new clause seeks to require the publication of key documents relating to asylum accommodation and support contracts held by private companies.

New clause 12—Border security checks—

“(1) The Secretary of State must appoint a named individual to conduct an investigation into the effectiveness of security checks undertaken at the UK border for the purposes of enforcing the provisions of this Act.

(2) This individual may be—

(a) the Independent Chief Inspector of Borders and Immigration, or

(b) another individual nominated by the Secretary of State.

(3) The first investigation conducted under this section must be completed one year after the date on which this Act is passed, with subsequent investigations completed every year thereafter.

(4) Findings of investigations conducted under this section must be published within three months of completion of the investigation.”

This new clause seeks to require an annual investigation into the effectiveness of security checks undertaken at the UK border for the purposes of enforcing the provisions of this Act.

New clause 13—Asylum backlog: reporting requirements—

“(1) The Secretary of State must, within three months of the date on which this Bill was published, and at intervals of once every three months thereafter, publish and lay before Parliament a report on the steps taken and progress made toward clearing the backlog of outstanding asylum claims, within the preceding three-month period.

(2) For the purposes of subsection (1) above, “the backlog of outstanding asylum claims” means the total number of asylum applications on which an initial decision had not yet been made as of 13 December 2022.

(3) In preparing the reports required by subsection (1) above, ‘progress toward clearing the backlog of outstanding asylum claims’ may be measured with reference to—

(a) the number and proportion of applications on which an initial decision is made within six months of the submission of the application;

(b) changes to guidance for asylum caseworkers on fast-track procedures for straightforward applications;

(c) measures to improve levels of recruitment and retention of specialist asylum caseworking staff; and

(d) any other measures which the Secretary of State may see fit to refer to in the reports.”

This new clause would require regular reports from the Secretary of State on progress toward eliminating the asylum backlog.

New clause 14—Safe and legal routes: family reunion for children—

“(1) The Secretary of State must, within three months of the date on which this Act enters into force, lay before Parliament a statement of changes in the rules (the “immigration rules”) undersection 3(2) of the Immigration Act 1971 (general provision for regulation and control) to make provision for the admission of unaccompanied asylum-seeking children from European Union member states to the United Kingdom for the purposes of family reunion.

(2) The rules must, as far as is practicable, include provisions in line with the rules formerly in force in the United Kingdom under the Dublin III Regulation relating to unaccompanied asylum-seeking children.”

This new clause seeks to add a requirement for the Secretary of State to provide safe and legal routes for unaccompanied asylum-seeking children with close family members in the UK, in line with rules previously observed by the UK as part of the Dublin system.

New clause 15—Border security: terrorism—

“(1) The Secretary of State must make arrangements for the removal of a person from the United Kingdom if the following conditions are met—

(a) the person meets the first condition in section 2 of this Act; and

(b) the Secretary of State is satisfied that the person has been involved in terrorism-related activity, as defined by section 4 of the Terrorism Prevention and Investigation Measures Act 2011.

(2) If the Secretary of State cannot proceed with removal due to legal proceedings, they must consider the imposition of terrorism prevention and investigation measures in accordance with the Terrorism Prevention and Investigation Measures Act 2011.

(3) The Secretary of State must lay a report before this House on activity under this section every 90 days.”

This new clause places on the Secretary of State a duty to remove suspected terrorists who have entered the country illegally, or consider the imposition of TPIMs for such individuals where removal is not possible.

New clause 16—International pilot cooperation agreement: asylum and removals—

“(1) The Secretary of State must, within three months of this Act coming into force, publish and lay before Parliament a framework for a 12-month pilot cooperation agreement with the governments of neighbouring countries, EU Member States and relevant international organisations on—

(a) the removal from the United Kingdom of persons who have made protection claims declared inadmissible by the Secretary of State;

(b) the prosecution and conviction of persons involved in facilitating illegal entry to the United Kingdom from neighbouring countries, including with regards to data-sharing; and

(c) establishing capped controlled and managed safe and legal routes, including—

(i) family reunion for unaccompanied asylum-seeking children with close family members settled in the United Kingdom; and

(ii) other resettlement schemes.

(2) In subsection (1)—

(a) “neighbouring countries” means countries which share a maritime border with the United Kingdom;

(b) “relevant international organisations” means—

(i) Europol;

(ii) Interpol;

(iii) Frontex;

(iv) the European Union; and

(v) any other organisation which the Secretary of State may see fit to consult with.”

This new clause would require the Secretary of State to lay before Parliament a framework for a new pilot co-operation agreement with the governments of neighbouring countries and relevant international organisations on asylum and removals.

New clause 18—Suspensive claims and related appeals: legal aid and legal advice—

“(1) The Secretary of State must make arrangements for legal aid to be available for the making of suspensive claims and related appeals under this Act.

(2) The Secretary of State must make arrangements to ensure that legal advice is available to support persons making suspensive claims under this Act.”

This new clause seeks to ensure legal aid and legal advice are available to persons for making suspensive claims and related appeals.

New clause 21—Afghan Citizens Resettlement Scheme: reporting requirements—

The Secretary of State must, no later than 7 June 2023 and at intervals of once every three months thereafter, publish and lay before Parliament a report on the operation of the Afghan Citizens Resettlement Scheme safe and legal route to the United Kingdom and on progress towards the Scheme’s resettlement targets for Afghan citizens.”

This new clause would require reports from the Secretary of State for each quarter since the publication of this Bill on the Afghan Citizens Resettlement Scheme, including Pathways 2 and 3.

Amendment 44, in clause 1, page 2, line 14, leave out subsection (3).

This amendment and Amendment 45 would require the courts to interpret the Act, so far as possible, in accordance with the UK’s international obligations contained in several international treaties.

Government amendments 111 to 113, and 77.

Amendment 45, page 2, line 28, leave out subsection (5) and insert—

“(5) So far as it is possible to do so, provision made by or by virtue of this Act must be read and given effect in a way which is compatible with—

(a) the Convention rights,

(b) the Refugee Convention,

(c) the European Convention on Action Against Trafficking,

(d) the UN Convention on the Rights of the Child, and

(e) the UN Convention relating to the Status of Stateless Persons.”

This amendment and Amendment 44 would require the courts to interpret the Act, so far as possible, in accordance with the UK’s international obligations contained in several international treaties.

Amendment 46, page 2, line 31, leave out clause 2.

Government amendment 89.

Amendment 17, in clause 2, page 3, line 9, at end insert “, and—

(a) was aged 18 years or older on the date on which they entered or arrived in the United Kingdom, and

(b) is not—

(i) part of the immediate family of,

(ii) a family member as defined by section 8(2) of this Act of, or

(iii) a person who otherwise had care of,

an individual who was under the age of 18 on the date on which they entered or arrived in the United Kingdom where that individual is physically present in the United Kingdom.”

This amendment would exempt children and, where they are accompanied, their immediate families from removal duty contained in clause 2 and other related duties or powers, ensuring the existing safeguarding regime in relation to these children is retained.

Amendment 47, page 3, line 38, at end insert—

“(10A) The duty under subsection (1) does not apply in relation to—

(a) a person who was under the age of 18 when they arrived in the UK;

(b) a person (“A”) who is an Afghan national where there is a real risk of persecution or serious harm to A if returned to that country;

(c) a person who is a refugee under the Refugee Convention or in need of humanitarian protection;

(d) a person (L) where there is a real risk of persecution or serious harm on grounds of sexual orientation if L were to be removed in accordance with this section;

(e) a person who, there are reasonable grounds to suspect, is a victim of torture;

(f) a Ukrainian citizen;

(g) a person who, there are reasonable grounds to suspect, is a victim of trafficking or modern slavery;

(h) a person who has family members in the United Kingdom;

(i) an person who meets the definition of an “adult at risk” in paragraph 7 of the Home Office Guidance on adults at risk in immigration detention (2016), including in particular people suffering from a condition, or who have experienced a traumatic event (such as trafficking, torture or sexual violence), that would be likely to render them particularly vulnerable to harm.”

This amendment would exempt certain persons from the Secretary of State’s duty to remove, including children, refugees, victims of modern slavery and other vulnerable people.

Government amendment 185.

Amendment 1, page 4, line 4, at end insert—

“(d) the person enters the United Kingdom from Ireland across the land border with Northern Ireland.”

This probing amendment would provide an exemption from the duty to remove for people who arrive in the UK from the Republic of Ireland via the land border with Northern Ireland.

Amendment 5, in clause 3, page 4, line 8, leave out

“at a time when the person is an unaccompanied child”

and insert

“where the person is an unaccompanied child or is a person who arrived in the United Kingdom as an unaccompanied child”.

This amendment seeks to remove the obligation on the Secretary of State to remove a person where the person has ceased to be an unaccompanied child.

Amendment 181, page 4, line 9, leave out subsections (2) to (4).

This amendment removes the power for the Secretary of State to remove an unaccompanied child before they turn 18.

Government amendments 174, 106 to 110, and 175.

Amendment 48, in clause 4, page 4, line 35, leave out paragraph (d).

This amendment would ensure the duty to remove under clause 2 did not apply “regardless” of a person making an application for judicial review in relation to their removal.

Amendment 49, page 5, line 2, leave out from “(2)” to end of line 2 and insert

“must be considered under the immigration rules if the person who made the claim has not been removed from the United Kingdom within a period of six months starting on the day the claim is deemed inadmissible.”

This amendment would require the Secretary of State to consider protection and human rights claims if removal had not been completed within 6 months of the declaration of inadmissibility.

Amendment 184, page 5, line 8, after “if” insert—

“the Secretary of State considers that there are reasonable grounds for regarding the claimant as a danger to national security or a threat to public safety, or”.

This amendment would prevent a person who meets the four conditions for removal in clause 2 and who is considered a threat to national security or public safety from making a protection claim or human rights claim.

Government amendment 176.

Amendment 182, in clause 5, page 5, line 36, after “child” insert—

“and where a best interest and welfare assessment carried out in the three months prior to that person turning 18 concluded it was appropriate for them to be removed”.

This amendment would add an additional requirement that a best interest and welfare assessment would need to have been carried out before the duty to remove applies to someone who was previously an unaccompanied child.

Government amendment 177.

Amendment 132, in clause 7, page 8, line 24, at end insert—

“(1A) P may not be removed from the United Kingdom unless the Secretary of State or an immigration officer has given a notice in writing to P stating—

(a) that P meets the four conditions set out in section 2;

(b) that a safe and legal route to the United Kingdom from P’s country of origin existed which P could have followed but did not follow;

(c) that the safe and legal route specified in paragraph (b) has been approved by both Houses of Parliament in the previous 12 months as safe, legal and accessible to persons originating in the relevant country; and

(d) the number of successful applications for asylum in each of the previous five years by persons following the safe and legal route specified in paragraph (b).

(1B) Any determination by the Secretary of State to remove P from the United Kingdom based on information provided by the notice referred to in subsection (1A) may be subject to judicial review on the basis that the information was flawed, and the Secretary of State may not remove P from the United Kingdom while any such judicial review is ongoing.”

This amendment would prevent the Home Secretary removing a person from the United Kingdom unless and until the Secretary of State has confirmed that a safe and legal route existed but that the person nevertheless chose to follow an alternative route which resulted in them arriving in the United Kingdom without leave.

Government amendments 79 to 83.

Amendment 50, in clause 8, page 9, line 36, after “family” insert “who arrives with P and”.

This amendment would limit the power to issue removal directions to family members, to those family members who arrived with the person being removed.

Government amendments 90, 91 and 139.

Amendment 51, page 13, line 10, leave out clause 11.

Government amendments 140, 134, 141, 142 and 135.

Amendment 2, in clause 11, page 14, line 46, at end insert—

“(2H) Sub-paragraphs (2C) to (2G) above do not apply to any person who—

(a) entered the United Kingdom as an unaccompanied child;

(b) has at least one dependant child; or

(c) is a pregnant woman.”

This amendment would prevent an immigration officer’s detention powers from being used to detain unaccompanied children, families with dependant children or pregnant women.

Government amendments 143 to 145, 136, 146, 147, 137 and 148.

Amendment 3, page 17, line 15, leave out subsection (11) and insert—

“(11) Subsections (5) to (10) above do not apply to any person who—

(a) entered the United Kingdom as an unaccompanied child;

(b) has at least one dependant child; or

(c) is a pregnant woman.”

This amendment would prevent the Secretary of State’s detention powers from being used to detain unaccompanied children, families with dependant children or pregnant women.

Amendment 52, page 17, line 18, leave out clause 12.

Government amendments 149, 86, 150, 87, 151 to 157, 85, 88, 84, and 158 to 160.

Amendment 53, page 22, line 30, leave out clause 15.

Amendment 183, in clause 15, page 22, line 39, at end insert—

“(5) Subject to subsections (6) to (8), an unaccompanied child may not be placed in, or once placed in, may not be kept in, accommodation provided or arranged under subsection (1) that has the purpose of restricting liberty (“secure accommodation”) unless it appears—

(a) that the child is likely to abscond from any other description of accommodation; and

(b) if they abscond, they are likely to suffer significant harm.

(6) A child may not be kept in secure accommodation for a period of more than 72 hours without the authority of the court.

(7) Subject to subsection (8), a court may authorise that a child may be kept in secure accommodation for a maximum period of 3 months.

(8) A court may from time to time authorise that a child may be kept in secure accommodation for a further period not exceeding six months at any one time.

(9) In this section, “significant harm” includes, but is not limited to, a high likelihood that the child will be at risk of trafficking or exploitation.”

This amendment would clarify the circumstances under which an unaccompanied child accommodated by the Home Office, rather than a local authority, can be accommodated in secure accommodation. It would require the child to be at risk of harm if they absconded, including at risk of being trafficked or exploited.

Amendment 7, page 23, line 1, leave out clause 16.

Government amendments 124 to 131.

Amendment 54, in clause 19, page 24, line 27, at end insert—

“(a) in the case of Wales, with the consent of Senedd Cymru,

(b) in the case of Scotland, with the consent of the Scottish Parliament, and

(c) in the case of Northern Ireland, the consent of the Northern Ireland Assembly is only required if the Northern Ireland Executive has been formed.”

This amendment would ensure provisions in relation to unaccompanied migrant children could not be extended to devolved nations without the consent of the devolved legislatures, as appropriate.

Amendment 55, in clause 21, page 25, line 17, leave out paragraphs (a) and (b) and insert—

“grounds of public order prevent observation of the reflection and recovery period, or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 21 relating to exclusion from trafficking protections (a reflection period and leave to remain) to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 12, page 25, line 22, after “decision”” insert—

“, unless the decision relates to the person being a victim of sexual exploitation”.

Amendment 4, page 25, line 32, at end insert “either—

(aa) the relevant exploitation took place in the United Kingdom; or”

This amendment is intended to exempt people who have been unlawfully exploited in the UK from provisions which would otherwise require their removal during the statutory recovery period and prohibit them being granted limited leave to remain.

Amendment 16, page 26, line 2, at end insert—

“(3A) Subsections (1) and (2) do not apply in relation to any person who is a national of a state which—

(a) has not ratified the relevant international legal agreements; or

(b) the Secretary of State has reasonable grounds to believe may not be effectively enforcing its obligations under the relevant international legal agreements; or

(c) the Secretary of State has reasonable grounds to believe may not be able or willing to prevent the person from becoming a victim of slavery and human trafficking upon their return to that country.

(3B) For the purposes of subsection (3A), “relevant international legal agreements” means—

(a) ILO Conventions 29 and 105 on Forced Labour;

(b) the European Convention on Human Rights;

(c) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime;

(d) the Council of Europe Convention on Action Against Trafficking;

(e) any other relevant agreement to which the United Kingdom is a party.

(3C) In determining whether paragraphs (b) and (c) of subsection (3A) apply, the Secretary of State must consult with, and pay due regard to the views of, the Independent Anti-Slavery Commissioner.”

This amendment stipulates that the duty to remove victims of modern slavery does not apply to nationals of countries which have not ratified international agreements relating to human trafficking, or which the Secretary of State has reason to believe may not be effectively enforcing its obligations under those agreements.

Government amendment 95.

Amendment 56, page 26, line 25, leave out subsections (7) to (9).

This amendment seeks to protect those victims of trafficking and slavery granted leave to remain under s65(2) of the Nationality and Borders Act from the power of the Secretary of State to revoke that in certain circumstances.

Amendment 57, in clause 22, page 27, line 11, leave out paragraphs (a) to (c) and insert—

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 22 relating to provision of support to trafficking victims in England and Wales to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 13, page 27, line 14, after “person” insert—

“, unless the decision relates to the person being a victim of sexual exploitation”.

Amendment 58, in clause 23, page 27, line 24, leave out paragraphs (a) and (b) and insert—

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 23 relating to provision of support to trafficking victims in Scotland to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 14, page 27, line 28, at end insert—

“unless the person is a victim of sexual exploitation”.

Government amendment 96.

Amendment 59, in clause 24, page 29, line 6, leave out paragraphs (a) and (b) and insert—

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 24 relating to provision of support to trafficking victims in Northern Ireland to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 15, page 29, line 11, at end insert—

“unless the person is a victim of sexual exploitation”.

Government amendments 97, 114 to 119, 161, 162, 104, 105, 122, 92 and 163.

Amendment 8, in clause 30, page 35, line 31, leave out “has ever met” and insert— “is aged 18 or over at the time of entry into the United Kingdom and meets”.

This amendment seeks to provide an exemption from the ban on obtaining citizenship for family members of people who are subject to the “duty to remove” if they were either born in the UK or arrived in the UK as a child.

Government amendments 164 to 166.

Amendment 62, in clause 31, page 36, line 31, leave out paragraphs (a) to (d).

This amendment and amendments 63 to 65 seek to remove provisions which would prevent persons accessing British citizenship.

Government amendment 167.

Amendment 63, page 37, line 3, leave out sub-paragraphs (i) and (ii).

This amendment and amendments 62, 64 and 65 seek to remove provisions which would prevent persons accessing British citizenship.

Government amendment 168.

Amendment 64, in clause 32, page 37, line 17, leave out paragraphs (a) and (b).

This amendment and amendments 62, 63 and 65 seek to remove provisions which would prevent persons accessing British citizenship.

Government amendment 169.

Amendment 65, page 37, line 29, leave out sub-paragraph (i).

This amendment and amendments 62 to 64 seek to remove provisions which would prevent persons accessing British citizenship.

Amendment 66, page 37, line 39, leave out clause 33.

Amendment 67, page 38, line 1, leave out clause 34.

Government amendments 123, 170, 171, and 33 to 35.

Amendment 68, in clause 37, page 40, line 8, leave out from “means” to the end of line 12 and insert “—

(a) a protection claim

(b) a human rights claim, or

(c) a claim to be a victim of slavery or a victim of human trafficking.”

This amendment seeks to ensure that consideration of protection claims, human rights claims and slavery and trafficking cases would suspend removal under clause 45.

Government amendments 172, 173, and 36 to 43.

Amendment 69, in clause 43, page 45, line 30, leave out subsection (7).

This amendment seeks to reinstate onward rights of appeal against a decision of the Upper Tribunal under this clause.

Amendment 70, in clause 44, page 46, line 22, leave out subsection (7).

This amendment seeks to reinstate onward rights of appeal against a decision of the Upper Tribunal under this clause.

Government amendments 18 to 32, and 186.

Amendment 71, in clause 52, page 53, line 11, leave out sub-paragraph (i).

This amendment would ensure rules on inadmissibility of certain asylum claims were not extended to human rights claims.

Amendment 72, page 53, leave out line 33.

Amendment 75, in clause 53, page 55, line 11, leave out from “must” to the end of subsection (1) and insert—

“within six months of this Act coming into force, secure a resolution from both Houses of Parliament on a target for the number of people entering the United Kingdom each year over the next three years using safe and legal routes, and further resolutions for future years no later than 18 months before the relevant years begin.”

This amendment seeks to enhance Parliament’s role in determining a target number of entrants using safe and legal routes.

Amendment 76, page 55, line 15, after “authorities” insert—

“(aa) the United Nations High Commission for Refugees,

(ab) the devolved governments,

(ac) the Home Affairs Select Committee of the House of Commons,”

The purpose of this amendment is to broaden the scope of consultees on setting the target for the number of entrants using safe and legal routes.

Government amendment 11.

Amendment 9, page 55, line 37, at end insert—

““persons” means only individuals aged 18 or over on the day of entry into the United Kingdom;”

This amendment would exclude children from the annual cap on number of entrants.

Government amendments 178, 98 to 100, 120, 187, 133, 179, 180, 93 and 94.

Amendment 10, in clause 59, page 58, line 27, at end insert—

“but see section (Immigration rules since December 2020: human rights of migrants).”

This amendment is consequential on NC5.

Government amendments 103, 138, 101, 102, 121 and 188.

Amendment 73, page 59, line 19, at end insert—

“(4A) Section 23 comes into force on such day as the Secretary of State may by regulations appoint, provided that the Scottish Parliament has indicated its consent to the section coming into force.”

This amendment would require Scottish Parliament consent before disapplication of its legislation making provision for support for modern slavery and trafficking victims in Scotland could come into force.

Amendment 74, page 59, line 19, at end insert—

“(4A) Section 24 comes into force on such day as the Secretary of State may by regulations appoint, provided that, if a Northern Ireland Executive has been formed, the Northern Ireland Assembly has previously indicated its consent to the section coming into force.”

This amendment would require Northern Ireland Assembly consent before disapplication of its legislation making provision for support for modern slavery and trafficking victims in Northern Ireland could come into force.

Government amendment 189.

Government new schedule 1—Electronic devices etc.

Government amendment 78.

[Robert Jenrick]

On behalf of the Home Office, I pay tribute to those Border Force officers who nobly volunteered to serve in Sudan this week, to support British nationals and others as they are processed and swiftly returned to the United Kingdom. The Home Secretary and I praise their professionalism and their sense of service and duty.

Before I address the key Government amendments, it is worth reminding the House of why the Government introduced this vital Bill. A sovereign state must have control of its borders. Quite properly, we have an immigration system that determines who can come to the UK lawfully, whether to visit, to study, to work or for other legitimate reasons. Our immigration and asylum system also makes generous provision in providing sanctuary for people seeking protection. Indeed, we have offered such protection, in different ways, to nearly half a million people since 2015.

But the people of this country are rightly frustrated if a self-selected group of individuals can circumvent those controls by paying people smugglers to ferry them across the channel on a small boat. Why would someone apply to come to this country for employment if they can instead arrive on a small boat, claim asylum and then, as one amendment suggests, acquire the right to work here after 12 months?

Illegal migration undermines the integrity of our immigration system. It puts unsustainable pressure on our housing, health, education and welfare services, and it undermines public confidence in our democratic processes and the rule of law. That is why we want to stop the boats and secure our borders, and this Bill is dedicated to that goal. It will send a clear message that people who enter the United Kingdom illegally will not be able to build a life here. Instead, they are liable to be detained, and they will be removed either back to their home country, if it is safe to do so, or to a safe third country, such as Rwanda.

--- Later in debate ---

[Mr Peter Bone (Wellingborough) (Con)]

The Minister has rightly singled out two of my colleagues with flattery to try to help him—but he did not single me out, so he is going to get it in the neck. Suppose a 16-year-old in Moldova is told that she has a job in a restaurant in Belfast. She is provided with a Romanian passport. She comes across here on an aeroplane, with false documents, but when she gets to Belfast, she does not get a job. She is put in a terraced house and forced into prostitution; the lock is on the outside of the bedroom and she is effectively repeatedly raped. The police break that ring and rescue her. What happens then? At the moment, she gets protection, she is looked after and she helps with the prosecution. This Bill changes that. Can the Minister please tell me why? This person has been trafficked, not on a small boat, and exploited here. Why can he not accept the amendment in the name of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith)? It seems to me that there is no risk. I want his Bill to succeed, but this is—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I call the Minister.

[Robert Jenrick]

I apologise to my hon. Friend for not praising his long-standing interest in this issue and the very good conversation that he and I had recently, in which he made exactly the point that he has just made on the Floor of the House. We are concerned about those kinds of cases and about those individuals who are exploited within the United Kingdom, but we are keen to ensure that that is not inadvertently turned into a loophole that would undermine the broader scheme.

One of the existing protections within the Bill for an individual such as the one my hon. Friend mentions is the provision that, if someone is co-operating with a police investigation, the duty to remove will be suspended. Therefore, if somebody was in exactly the position he described, they should of course go to the law enforcement authorities. At that point, the safeguard that we put in the Bill would apply and they would not be removed from the country.

--- Later in debate ---

[Robert Jenrick]

I am not giving way, because time is very limited.

I have summarised the other Government amendments, which are more detailed and technical in nature, in a letter to the hon. Member for Aberavon (Stephen Kinnock), and placed a copy of it in the Library of the House. I stand ready to address any particular points in my winding-up speech, if necessary. For now, I commend all the Government amendments to the House and look forward to the contributions of other Members. I will respond to as many of those as I can at the end of the debate.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

Points of Order

Debate between Robert Jenrick and Rosie Winterton

Wednesday 26th April 2023 Commons Chamber

[Madam Deputy Speaker]

If the Minister does not wish to respond, I should just add that the Procedure Committee reviews the performance of Departments in providing answers, so the hon. Gentleman may wish to make his views clear to that Committee.

[The Minister for Immigration (Robert Jenrick)]

rose—

[Madam Deputy Speaker]

Ah! I believe the Minister wishes to respond.

[Robert Jenrick]

Further to that point of order, Madam Deputy Speaker. I am grateful to the hon. Gentleman for his point of order. I have always taken my responsibilities to the House seriously, and I continue to do so. He and I have corresponded on this issue, but he may not have seen the letter that I wrote to him yesterday.

[Robert Jenrick]

The hon. Gentleman indicates that he has read the letter. I am happy to read out a portion of it for your benefit, Madam Deputy Speaker, and that of the House, and perhaps, with the hon. Gentleman’s consent, I may put a copy in the Library of the House, which is what I did with my previous letter to him.

In the letter, I wrote:

“I clarified my remarks on the floor of the House in the debate on Illegal Migration Bill on 27 March and”—

in the letter that I had sent to the hon. Gentleman and placed in the Library—

“I expanded on that clarification in writing”.

The point that I was trying to make in the debate, which I appreciate is different from what the hon. Gentleman believes, is this. As I said in my letter,

“With regards to the backlog of 450,000 asylum cases—this is the assessment of the then-independent Chief Inspector of Borders and Immigration, as reported by the BBC and the Guardian. Iusb therefore believe it is a perfectly legitimate figure to quote, as then-Home Secretary John Reid did in the House of Commons on 19 July 2006.”

I hope that that clarifies the matter and corrects the record to your satisfaction, Madam Deputy Speaker.

[Madam Deputy Speaker]

I thank the Minister for responding at the Dispatch Box. It is obviously not for me to rule on different interpretations of statistics—

--- Later in debate ---

[Madam Deputy Speaker]

The hon. Gentleman assures me that he did not do that, so there is perhaps even more reason for him to make his representations to the Procedure Committee.

[Robert Jenrick]

On a point of order, Madam Deputy Speaker—

[Robert Jenrick]

I am indeed going to correct the record in one respect. My officials have helpfully told me that in regard to the written parliamentary question tabled by the hon. Member for Rhondda (Sir Chris Bryant), the Home Office did indeed provide the data requested. It is included in the table, the link to which was provided. I am told that there were instructions in the notes tab on how to use the filters appropriately. I appreciate that the hon. Gentleman got an A in his O-level maths, but perhaps he did not take ICT at that time.

[Madam Deputy Speaker]

I thank the Minister for that further point of order, which I think indicates why it is important for me not to get involved in interpreting statistics. We probably should not prolong the debate any further at this point, so we will move on to the ten-minute rule motion from Helen Morgan.

Manston Update

Debate between Robert Jenrick and Rosie Winterton

Monday 28th November 2022 Commons Chamber

[Robert Jenrick]

It is for those reasons that I took the decision today that no asylum seeker will leave Manston if they are displaying any symptoms whatsoever of diphtheria, or indeed of other serious infectious diseases. They will either remain there or, more likely, be taken to one of our secure isolation hotels—the type of hotel that we used during the covid pandemic. They will remain there and will not leave while they are being treated. Hopefully, they will make a full recovery and then they will be transported to other accommodation elsewhere in the country. I think that is the right approach. It goes beyond the advice that Dame Jenny and her colleagues at the UKHSA have provided to us, because I want to ensure that we are doing absolutely everything we can to take this issue seriously.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I thank the Minister for bringing his statement to the House, but it is another day and another very disturbing development. Our thoughts and condolences must go to the family and friends of the man who died at Manston.

The Minister is right that it is important to emphasise that there is a very small risk to the UK population, but the converse is that, to those from nationalities that do not have an extensive vaccination programme, this is a very dangerous and contagious infection that can be fatal, as we have just seen.

On the rate of the response, the Home Office seems again to be in crisis mode, having waited until we are in a really serious crisis. Were there no indications from colleagues on the continent that there were rising cases of diphtheria there? It was only a matter of time before cases arrived on these shores, so we should have had plans in place much further in advance. I welcome the work to improve the medical facilities at Manston, which we saw when we visited it as the Home Affairs Committee. The Association of Directors of Public Health has accused the Government of putting

“asylum seekers and potentially hotel workers at avoidable and preventable risk”.

Its president says that an offer to help Ministers cope was rebuffed, making the situation

“far worse than it could have been.”

Does the Minister want to comment on those assertions? He spoke of robust screening but, as far as I can tell, it is still only of people presenting with symptoms. Is there not a case for at least some degree of asymptomatic testing, so that the Home Office has an indication of whether a boat-load would be worth further investigation before onward movement?

Finally, the Minister has spoken about procedures being put in place today, but does that mean that people were moved to new accommodation even though they were known to have diphtheria, or to have been awaiting test results, and how was that managed? What notification was there for health authorities in places of dispersal? Have people with diphtheria been sent to hotels without anyone being told? What protocols are in place to ensure that public health leaders have the information they require, because some have been complaining that there is zero information coming from the Home Office?

--- Later in debate ---

[Robert Jenrick]

I am grateful to my hon. Friend for his constructive approach to this difficult issue. We will be ensuring that correct screening is in place; as I said earlier, I have asked Dame Jenny whether there are even more screening procedures that we need to put in place, what those might be and how we can do that as quickly as possible. At the moment, we are following the UKHSA advice to the letter.

I have also asked Dame Jenny to work on monitoring other infectious diseases prevalent in northern France and in the countries from which some of the migrants are coming, and on whether that should guide the further vaccination or screening procedures put in place. My hon. Friend is right to draw the parallel with covid, in that the public will rightly expect that individuals entering the UK should be kept in close quarters while they have infectious diseases, and not be released into the broader population. That is why we have implemented these measures. If we need to go further, he can be assured that we will.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee, Dame Diana Johnson.

Points of Order

Debate between Robert Jenrick and Rosie Winterton

Monday 28th November 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am grateful to the right hon. Lady for that point of order. I can see that it is a serious issue if the correspondence of Chairs of various Select Committees, who are, after all, there to hold the Government to account and to scrutinise Government action, is not getting through. The Minister for Immigration has heard her point and may wish to say that he will look into it.

[The Minister for Immigration (Robert Jenrick)]

indicated assent.

[Madam Deputy Speaker]

The Minister is nodding. I hope that means that a reply will get through as quickly as possible. If there is anything that the Minister wants to add, he can; otherwise, we will leave it at that.

Hotel Asylum Accommodation: Local Authority Consultation

Debate between Robert Jenrick and Rosie Winterton

Wednesday 23rd November 2022 Commons Chamber

[Robert Jenrick]

I am grateful to my hon. Friend for raising those important issues. I will, of course, be happy to meet him, as I have met hon. Members on both sides of the House in almost every case where someone has requested to do so.

In respect of the hotel in Tendring, as I understand it, having spoken to officials this morning, a proposition was put to Tendring District Council to use a former care home in my hon. Friend’s constituency, which would have accommodated a small number of asylum seekers. Short notice was given because it was to be a backstop accommodation option in the light of the extreme situation that we were contending with at Manston. On further inquiries, and prior to his inquiry to the Department and the calling of the urgent question, the proposition was dropped by the Home Office and there is no intention of proceeding with it.

For information, had that proposition been taken forward, it would have been for a very small number of individuals. At the moment, there are 39 asylum seekers accommodated in my hon. Friend’s constituency, 14 of whom are in hotels and 25 in dispersed accommodation. That accounts for 0.02% of the population of Tendring’s local authority. I do not say that to diminish the legitimate concerns that he raises, but merely to provide context. If we are dealing with 40,000 individuals crossing the channel illegally, there will be a need for all local authorities in the country to work with the Home Office and to play their part. It is absolutely incumbent on the Home Office in return, however, to provide good standards of engagement so that we can ensure that the right accommodation is chosen in the right places. That is exactly what I intend to achieve.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Stephen Kinnock.

[Stephen Kinnock (Aberavon) (Lab)]

It seems that we come to the Chamber at least once a week to hear about the mess that the Home Secretary is making of an asylum system that her Government have broken. The root cause of today’s urgent question is the failure of the Government to process asylum claims with anything like the efficiency required. In 2012, the Home Office was making 14 asylum decisions a month; it is now making just five.

Tory Ministers like to blame covid, but the truth is that this is a mess of their own making. They chose to downgrade asylum decision makers from higher executive officer grade to lower executive officer grade, leading to a less experienced workforce on lower wages with lower retention rates and collapsing morale. The inevitable consequences were slower decisions, more decisions overturned at appeal, an increasing backlog and ballooning taxpayer costs.

With the average time to process an asylum claim standing at 449 days, the people smugglers see the backlog as a marketing opportunity—an open invite from this Conservative Government to those who want to melt away into the underground economy. All this catastrophic incompetence has led to the Minister scrambling around to find contingency hotel accommodation, resulting in what the Home Secretary described this morning as “poor communication” between central and local government.

Will the Minister therefore confirm whether he really feels that his undertaking to give local authorities as little as 24 hours’ notice is reasonable? Did he recently pull out of two meetings with council leaders at short notice? What mechanisms is he using to monitor the performance of contractors and subcontractors? I have heard from councils where the public health team was not informed about serious health issues, including pregnancies, so does he accept that he is failing to give local authorities key health-related information? What progress is he making on tackling the crisis of unaccompanied children being placed in hotels— 222 have already gone missing—and will he apologise to the couples who have had to cancel their wedding receptions in hotels at extremely short notice as a result of this Government’s chronic mismanagement?

--- Later in debate ---

[Robert Jenrick]

I can only speak to the situation as I found it when I arrived in the Department, and at that point there were almost 4,000 people at the Manston site. There were serious concerns about conditions at the site and, indeed, about its legality, and there was insufficient accommodation available to us to house the asylum seekers. We have set out, through immense efforts in the last few weeks, to rectify that situation. It is clear to me that insufficient accommodation was procured over a sustained period, and we need to tackle that. We will do it in a number of different ways, including through dispersal accommodation with local authorities; through judicious use of hotels, with good engagement with local authorities; by using larger sites that provide us with decent but not luxurious accommodation; and, of course, by tackling the problem at source. We cannot build our way out of this challenge. We have to reduce the pull factors to the UK and we have to ensure that the backlog of cases is cleared as swiftly as possible.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

--- Later in debate ---

[Robert Jenrick]

My right hon. Friend the Home Secretary and I are reviewing the legal situation, and we will come to a view about whether further changes are needed to make sure that our laws are sufficiently robust. My right hon. Friend and I are in agreement that individuals should come to this country only if they are genuine asylum seekers fleeing persecution, war or human rights abuses, not asylum shoppers who have passed through multiple safe countries, including France, and certainly not if they come from demonstrably safe countries in the first place, such as Albania. We should pursue all options, including Rwanda, to create the right amount of deterrence to deter people from making the crossing.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I welcome the fact that Manston is empty today, but can I say to the Minister that it should never have got into the mess that it did, because the Home Office was working on forecasts of up to 60,000 people travelling across the channel this year? The Home Affairs Committee produced a report in the summer, and our No. 1 recommendation was to deal with the backlog to stop people having to go into hotels.

Can I highlight to the Minister that Home Office contractors that seek accommodation for asylum seekers are really only interested in the bottom line? They have concentrated the accommodation they have sourced in the poorer, cheaper areas—places such as my own constituency in Hull—and even when local councils in Yorkshire have come together to try to ensure equitable distribution across Yorkshire, Mears, which provides the accommodation for the Home Office, actually overrules local councils and does not do a service to the Home Office. Will the Minister look at the role that his contractors are playing in the inequitable nature of the distribution of asylum seekers?

--- Later in debate ---

[Robert Jenrick]

I have a great deal of respect for the hon. Gentleman—he and I have worked together on local government matters for many years—and I will certainly ask my officials to speak to the city council and see if we can resolve that issue. It is true that, in some areas—even within a particular local authority—the local authority itself creates red lines as to where it wants to have contingency accommodation by saying that there are postcodes where they do not want to see such hotels. That may not be the case in Sheffield, but it is in other areas. The outsource partners raised that with me earlier in the week. We may be able to work together on that to ensure a better distribution, even within local authority areas.

It is, of course, important that we take into account value for money for the taxpayer when we choose hotels. I think it is outrageous that the taxpayer is paying £6 million a day for these hotels. I could not have been clearer to my officials or the outsource partners that I do not want to see the four-star hotels, the stately homes, the luxury barn conversions and the many outrageous examples brought to my attention in the last few weeks persist.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We do have a lot of business to get through this afternoon, so, if we could have quick questions and quick answers, that would be very helpful.

[Mr Philip Hollobone (Kettering) (Con)]

I believe that the situation is now so bad and chaotic that the Minister should consider his position.

On Friday, North Northampton Council, Northants police and other local agencies had an online meeting with the Home Office and Serco regarding the potential use of the 51-bed Royal hotel in Kettering, slap bang in the middle of the town centre. Serious environmental health issues, including mould and no kitchen facilities, were raised. Northants police raised serious concerns about community safety and the vulnerability of the asylum seekers. The Home Office and Serco officials agreed that the hotel would not be used until those issues were properly addressed. Yesterday, the council was advised that 41 asylum seekers had been moved into the hotel on Sunday afternoon, without any notification at all, and that could rise to 80. No biometric of previous offending history data has been shared with the local police. It is totally, 100% unacceptable.

On 27 October, I asked the Minister face to face for a meeting. I asked him again on the Floor of the House last Wednesday. No such meeting has been forthcoming. This is a wrong-headed decision. The local police, the local council and I have been misled, and I have no confidence at all that the Home Office, Serco or the Minister have the first clue what they are doing in relation to asylum seeker relocation.

Public Service Pensions and Judicial Offices Bill [Lords]

Debate between Robert Jenrick and Rosie Winterton

Report stage
Tuesday 22nd February 2022 Commons Chamber

[Robert Jenrick]

As a matter of law, what the hon. Member is saying is not correct. Pensions within the public sector, as elsewhere, are regulated. They were regulated by the Public Service Pensions Act 2013, and they will be regulated by this Bill. He has been speaking for more than 15 minutes, and it is not clear to me whether the SNP is in favour or against BDS. It is important that he makes clear his position.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I am keen that we do not just have a whole debate about BDS. I want the amendments to be addressed, and there are a few other speakers trying to get in.

Rough Sleeping

Debate between Robert Jenrick and Rosie Winterton

Thursday 25th February 2021 Commons Chamber

[Mr Toby Perkins (Chesterfield) (Lab) [V]]

The Secretary of State was right to praise councils for their role. Here in Chesterfield, we have seen a big reduction in the amount of rough sleeping during the pandemic as the council has utilised the money provided by Government well. I agree with many of the issues that he raised about the causes of rough sleeping and homelessness, but I was alarmed that the role of welfare policy was missing from that list. I am concerned that in Chesterfield many of the rough sleepers I have spoken to tell me that, while they are aware that council flats are available for them, the amount of benefit they receive means that the rent would be unaffordable and they would end up being evicted again. I fear that once the eviction ban ends, we will see a big increase in the number of rough sleepers again. Can the Secretary of State say a little bit about the role of welfare policy and whether, by looking at issues such as the bedroom tax and the levels of rent being paid, we can take steps to ensure that this welcome progress is not lost when the eviction ban is ended?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We must have brief questions if I am to get everybody in, because we have two big debates and a Select Committee statement after this. So, brief questions and fairly succinct answers please.

[Robert Jenrick]

I shall be brief, Madam Deputy Speaker. The hon. Gentleman is right to raise some of the other causes of homelessness and rough sleeping. That is why we increased the local housing allowance to the 30th percentile, and why my right hon. Friend the Chancellor uplifted universal credit during the height of the pandemic, and of course we brought forward the furlough scheme and others to support vulnerable people over the course of the year.

--- Later in debate ---

[Robert Jenrick]

I will look into the case that the hon. Gentleman raises. I have seen concerning evidence about some providers of supported housing. That is why we are doing the work at the moment to see what the true situation is, whether a tighter regulatory environment is required, and, if so, how we deliver that. I would be happy to take his advice as to how we move forward. I take the opportunity to praise his council in Birmingham for its hard work. Birmingham is one of the shining examples of success over the course of the last year, and its rough sleeping count, announced today, of just 17 individuals for a large city—England’s largest local authority—is a huge achievement.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Secretary of State for his statement, and am suspending the House for two minutes to allow for the necessary arrangements to be made for the next business.