20 Simon Clarke debates involving the Home Office

Oral Answers to Questions

Simon Clarke Excerpts
Monday 15th April 2024

(1 week, 6 days ago)

Commons Chamber
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Tom Pursglove Portrait Tom Pursglove
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While I am always very willing to engage with the hon. Gentleman, he will appreciate that the difficulty that we have in respect of that approach is the pull factor that it would present—it would potentially encourage people to make dangerous journeys via small boats to get to the UK. We do not want to do anything that plays into the business model of the evil criminal gangs responsible for that miserable trade. What we want to do is put them out of business. On the wider accommodation point, I am very happy to engage with the hon. Gentleman.

Simon Clarke Portrait Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)
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In 2016, Middlesbrough had the highest ratio of asylum seekers per head of population of anywhere in England. I welcome the closure of hotels, but I worry about reports in today’s Daily Mail that the Home Office is buying up large amounts of property in some of the poorer areas of England, which risks taking us back to the situation we saw in 2016. Will the Minister reassure me that that is not the case, because my constituents are clear that that places an unacceptable strain on the community, and indeed an unhappy strain on community cohesion?

Tom Pursglove Portrait Tom Pursglove
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My right hon. Friend is a strong supporter of the work the Government are doing to get a better grip on the flow of people coming across to our country, who inevitably need accommodating while they are here. We have a mixture of accommodation to meet those needs, and getting the numbers down is critical to be able to reduce that dependence. I am able to say, however, that we are not actively pursuing procurement in the three local authorities cited in the article that my right hon. Friend references—and that includes Middlesbrough.

Deportation of Foreign National Offenders

Simon Clarke Excerpts
Wednesday 7th February 2024

(2 months, 3 weeks ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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Simon Clarke Portrait Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)
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I thank my hon. Friend the Member for Redditch (Rachel Maclean) for securing the debate. The recent awful case in Clapham has reminded us of the serious problem that we are addressing: the systematic abuse of articles 3 and 8 of the European convention on human rights to frustrate the legitimate deportation of people who have forfeited their right to be in this country. As we have heard, the latest practice appears to be claiming a conversion to the Christian faith that may or may not be genuine. There is a serious problem with rights groups, which we should all acknowledge across the House. Judicial activism has led to the law being expanded in ways that those who created the post-1945 order would struggle to recognise and certainly would not agree with.

It is deeply problematic that the Leader of the Opposition and the shadow Justice Secretary signed letters attempting to block the deportation of foreign national offenders, as we have heard. In some cases, these people have gone on to commit further very serious crimes. It speaks to the fundamental naivety—some would call it madness—that blinds us to the reality of how dangerous some of these people are, and how wrong-headed it is to put their rights ahead of the rights of the victims of crime and of the wider British public.

We do not have a moral responsibility in this country to offer asylum to sex offenders from elsewhere. That is at the heart of this debate, and it is why it is important, as my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) said, that the Opposition acknowledge that they got that wrong. I say with great affection for the hon. Member for Aberavon (Stephen Kinnock) that his party needs to change its approach to the question. Otherwise, I am afraid it will give succour to people who do not deserve it.

The post-1945 world order is under strain in all directions. We live in a world that is being transformed, largely by the issues connected with migration. If we do not address cases in which there is a clear imperative to remove people have committed crimes in this country, I am afraid we will completely lose the moral right to make the case for balanced, compassionate and fair immigration to this country. This House should act. I hope that today the Minister will set out a clear path to tackling the problem.

Safety of Rwanda (Asylum and Immigration) Bill

Simon Clarke Excerpts
Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
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Will the right hon. Lady give way?

Marco Longhi Portrait Marco Longhi (Dudley North) (Con)
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Will the right hon. Lady give way?

--- Later in debate ---
Yvette Cooper Portrait Yvette Cooper
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I think the right hon. Member is just highlighting the failure of those on his Front Bench. All of us should want to stop these dangerous boat crossings. They are undermining border security and they are putting lives at risk. We should be seeking to smash the criminal gangs and we should be seeking to strengthen our border security. We should be seeking to return people who have no right to be here, and we should be seeking to fix the chaos in the asylum system. Most people want to see both strong border security and a fair, effective and properly controlled and managed asylum system, which we do not have at the moment. That means clearing the backlog, setting up a new returns unit and seeking to work with France and Albania. We actually agree with the Government on that and support the work the Government have done, but the work with France, Albania and other countries should be going much further so that we have European co-operation in place. All of us should be seeking to do that, instead of having this total chaos on a gimmick that is not about getting a grip.

Simon Clarke Portrait Sir Simon Clarke
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Will the right hon. Lady give way?

Yvette Cooper Portrait Yvette Cooper
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I will make some progress, and then I will give way to the right hon. Member.

The problem is that, even as the Bill stands, it risks breaking international law, and that makes it harder to get further returns agreements and to get the further security co-operation that we need with our nearest neighbours. It is also why, if the One Nation group supports it, that puts its members in a pretty impossible position. Clause 1(5) says that a safe country is

“a country to which persons may be removed…in compliance with…international law”.

Clause 2(1) says:

“Every decision-maker must…treat…Rwanda as…safe”,

even if it is not. So even if Rwanda does what it did over the Israel-Rwanda deal and breaches international law and sends people back for refoulement, even if Rwanda introduces new policies to send people abroad, even if there is a coup in Rwanda, even if Rwanda fails to stop organised gangs moving people to the border, even if asylum seekers are shot at in Rwanda—all things that the Supreme Court found had happened in the past—and even if the treaty is designed in good faith, if it fails, the Government are still saying that British courts cannot consider the facts.

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Yvette Cooper Portrait Yvette Cooper
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I will give way to the right hon. Member for Middlesbrough South and East Cleveland, as I said I would come back to him, and then I will come back to the right hon. and learned Member for Torridge and West Devon (Sir Geoffrey Cox).

Simon Clarke Portrait Sir Simon Clarke
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There are two points to correct in the right hon. Lady’s narrative about what Labour would do that the Government are not doing. The first is that the Government are already doing much of what she lists, and I can attest to that, having funded it in various different capacities. She also misses the point that my hon. Friend the Member for Gloucester (Richard Graham) made a moment ago. We are dealing in this instance with the consequences of large numbers of people coming to this country, not with the cause. Rwanda seeks to address the incentives driving this evil trade. It is only by getting Rwanda to work that we change the calculus not only for the people making the crossing, but for the people expediting it, who are the criminal gangs. Does the right hon. Lady not recognise that that is why this scheme is so important?

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Before I call the right hon. Lady, I stress that when people make interventions, not only should they be fairly short, but having done so, it is important to stay for the rest of the speech. Some people have been wandering out, having made an intervention. Anyone who is thinking of making an intervention, please bear in mind that you then have to stay for the entirety of the speech.

Legal Migration

Simon Clarke Excerpts
Monday 4th December 2023

(4 months, 3 weeks ago)

Commons Chamber
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James Cleverly Portrait James Cleverly
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No one is being forced to do anything. If people choose to come here, they choose to abide by the rules that we put in place. That is completely fair and appropriate. My mother came to work in the NHS in the 1960s. We value the people from around the world who have come to support us, but it is right and fair that we put rules in place, that we let people know those rules and, if they wish to come and join us in this wonderful country and work in our wonderful society, it is right and fair that they abide by those rules.

Simon Clarke Portrait Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)
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My constituents will warmly welcome today’s announcement, because immigration figures in recent years are clearly unsustainable. Does it not speak volumes that we are described as head-bangers for pointing out what is blindingly obvious to Government Members? What consideration has my right hon. Friend given to an annual migration budget, so that we can all be held accountable in this House for the choices that we make on behalf of our constituents?

James Cleverly Portrait James Cleverly
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My right hon. Friend makes an important point. Ultimately, the decisions that we make here affect the lives of others. We should always be conscious of the impact of our decisions. That is why we have listened carefully to those who have spoken of housing shortages and school places becoming harder to find in their local areas. With figures significantly higher than promised, they would want us to take action. We are now taking action—that was always part of taking back control. We hear over and over from Opposition Members that they do not want us to take action. They are fundamentally wrong on this issue.

Oral Answers to Questions

Simon Clarke Excerpts
Monday 27th November 2023

(5 months ago)

Commons Chamber
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James Cleverly Portrait James Cleverly
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There is an urgency to the legislation that we seek to put forward and, although pre-legislative scrutiny has a part to play, I will not do anything that delays the implementation of this incredibly important legislation.

Simon Clarke Portrait Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)
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It is imperative if we are to crack the business model of the evil people smugglers that we operationalise the Rwanda scheme. May I register my profound conviction that the disapplication of elements of the European convention on human rights and the refugee convention will be necessary? The Court of Appeal cited human rights and the Supreme Court cited refoulement. What will it be next time, in the absence of Parliament expressly asserting the will of this House?

James Cleverly Portrait James Cleverly
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My right hon. Friend makes an incredibly important point, although I do not want to prejudge the content of the Bill. I listened carefully to his points, and he and the rest of the House should understand that we will do everything we can to ensure that we break the business model of the evil people smugglers he highlights and drive down the small-boat arrivals. He is absolutely right that the deterrent effect of the Rwanda scheme is a key element of that multi-strand approach.

Illegal Immigration

Simon Clarke Excerpts
Wednesday 15th November 2023

(5 months, 2 weeks ago)

Commons Chamber
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Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. I urge colleagues to be brief in their questions so that the Home Secretary can be brief in return. We have a very packed agenda today and I want to make every effort to get everyone in.

Simon Clarke Portrait Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)
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I add my congratulations to the Home Secretary on his new role. It seems to me that the key word is “time”. We cannot keep relitigating this question to achieve what seems an ever-moving target in what the courts want us to achieve. Our constituents sent us here with a very clear message: sort the small boats issue. Parliament has passed legislation to sort the issue. Can my right hon. Friend be specific about the point at which the attempts by the Government to recondition the agreement with Rwanda into treaty form will have elapsed, and a “notwithstanding” clause, of the kind that my hon. Friend the Member for Harborough (Neil O’Brien) has set out, will become the only tool by which we can ensure that the will of this House takes effect? We cannot allow this cycle to continue indefinitely.

Rosie Winterton Portrait Madam Deputy Speaker
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Order. I remind the House that I did just say “be brief.”

Illegal Migration Update

Simon Clarke Excerpts
Tuesday 5th September 2023

(7 months, 3 weeks ago)

Commons Chamber
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Simon Clarke Portrait Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)
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I very much agree with what my right hon. Friend said about the importance of effective processing, but he is right about the underlying importance of having a clear plan to deter people from coming to this country illegally, which leads us to Rwanda and the upcoming Supreme Court judgment anticipated later this year. Does he recognise the very strong sentiment among many of us in the House—and, indeed, among many of my constituents—that if the Supreme Court rules against the Government’s policy on this vital question, we should withdraw from the European convention on human rights?

Robert Jenrick Portrait Robert Jenrick
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Parliament’s support for our Rwanda plan was made clear with the passage of the Illegal Migration Act 2023. That is a statutory scheme to underpin the Rwanda partnership, so the will of Parliament to get on and deliver the policy is clear for all to see. I am confident that we will secure the result that we seek in the Supreme Court when it hears the case in October, and that is the Government’s focus right now, but like my right hon. Friend I do not think we should take anything off the table. If we are truly committed to stopping the boats, we will have to consider all options, including with regard to the European convention on human rights.

Police Uplift Programme

Simon Clarke Excerpts
Wednesday 26th April 2023

(1 year ago)

Commons Chamber
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Chris Philp Portrait Chris Philp
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I pay tribute to Chief Constable Serena Kennedy, who leads the Merseyside force. I was up in Merseyside and Liverpool just a few weeks ago meeting officers. The target of the police recruitment programme in Merseyside was to recruit an extra 665 officers; in fact, 724 have been recruited.

In terms of people leaving the police, we have surveyed thousands of police officers recently recruited through the uplift programme. About 80% are very satisfied with the job and a similar proportion intend to make policing their long-term career. In terms of supporting and looking after police officers, I chair the police covenant wellbeing board. I have not got time to list all the initiatives now, but we are doing a number of things to ensure that serving and former officers get looked after and that morale is maintained.

Simon Clarke Portrait Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
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Having 20,000 more officers across the country is a fantastic achievement. It is a Conservative promise made and delivered that will help crack down antisocial behaviour in Cleveland, drawing on our new antisocial behaviour strategy. Does my right hon. Friend agree with me that cracking down on problem areas, such as the Norfolk shops in Berwick Hills, is exactly the activity that more officers will enable us to deliver?

Chris Philp Portrait Chris Philp
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I agree completely with my right hon. Friend. That is exactly the kind of thing those officers will do. Cleveland had a target of 239 extra officers to recruit. They beat that target and have recruited an extra 267 since 2019, and I am sure those 267 new officers will be on patrol in exactly the place my right hon. Friend would like to see them.

Chinese Police Stations in UK

Simon Clarke Excerpts
Wednesday 19th April 2023

(1 year ago)

Commons Chamber
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Chris Philp Portrait Chris Philp
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I completely agree with the hon. Lady’s sentiment that international students—indeed, any students—at UK universities should be free from intimidation, a point I made in response to a previous question. Whether those are Chinese students, Iranian students, Jewish students or anyone else, they should not be getting intimidated. I will just repeat the point I made earlier: individual universities, first and foremost, should be ensuring the safety of students on their campuses in the first instance.

In relation to the hon. Lady’s question about action by the DFE, as Members will appreciate, I am already straying quite a long way beyond the limits of my ministerial responsibility by answering this question; going into DFE areas would take me even further beyond them. What I will say is that I will ask the Security Minister to come back to the hon. Lady specifically on that point and update her in writing on what work he is doing with the DFE to ensure the safety of students on campuses. It is a vital question, and it is appropriate that the Government get involved as well as leaving it to universities. I will ask the Security Minister to come back to her on that very important point, but I completely agree with the sentiment of her question.

Simon Clarke Portrait Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
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These illegal police stations form part of a pattern, whereby China is an adversary of freedom the world over. We saw that recently over her intimidation of Taiwan, we see it in her treatment of Hongkongers, and we see it in her actions in Africa to try to act through debt bondage to secure advantage on that continent. When will the Government designate China, as we should, as a formal threat to the interests of the United Kingdom in our security architecture?

Chris Philp Portrait Chris Philp
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I agree with the thrust of my right hon. Friend’s thesis. Clearly, the Chinese Communist party is seeking to project its influence around the world, in a way that often undermines the interests of the recipients of that interest and often undermines the interests of those countries that believe in freedom and democracy. I believe we have a duty in this country, acting with our allies in the free world, to make sure that that influence is circumscribed.

Clearly, we are taking more powers domestically, for example through the National Security and Investment Act 2021, which came into force just over one year ago, to seek to limit influences in the investment and economic spheres. We are doing work with partners around the world, too. We are supporting countries where freedom is threatened, including Taiwan, which obviously we strongly support in its right to choose its own destiny. The question my right hon. Friend specifically raises is obviously a complicated one that is probably better dealt with by higher powers than me, but I have made clear in my answer my feelings on the topic of our relations with China.

Stuart C McDonald Portrait Stuart C. McDonald
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I notice the Minister is listening very carefully indeed.

Why is there a “compelling evidence” requirement? More importantly, is that not totally inconsistent with the test of real risk? That is the point of amendment 83. The danger is that even a probability of “serious and irreversible harm” will not be enough because of the type of evidence that can realistically be provided in the ludicrously tight timescale provided for.

On timeframes, we have various amendments to challenge the time periods that have been formally set out by the Government. The notion that eight days is enough time for an application is for the birds, as we know from the chaotic processes used during previous attempts to remove people to Rwanda, when many who were served notice barely understood what was happening. Language barriers, difficulties in access to solicitors and legal aid, the requirements of prescribed forms and demands for compelling evidence in the application mean that eight days will never happen. Those processes give rise to the risk that even those who could in theory make a challenge will miss out unjustly.

On that very important point, can the Minister provide clarity on how he will ensure that legal advice is accessible and, importantly, what his Government’s position is on the availability of legal aid? Those are hugely important issues that are not really touched on in the Bill.

Given the ludicrously restricted timeframes, the restrictions on “out of time” claims in clause 44 are frightening. Our amendments from amendment 101 onward seek to challenge that. This time “compelling evidence” of a “compelling reason” for missing the eight-day deadline is required. What on earth does that mean? Is an inability to understand the notice, language difficulties or the impossibility of finding a solicitor sufficient? More fundamentally, are the Government saying it is okay to remove someone who is certainly going to face “serious and irreversible harm” just because they were a few hours late with the paperwork and did not have a decent excuse for that? It makes absolutely no sense.

The seven-day timeframe for appeals to be lodged in clause 47 is equally absurd for all those reasons. Again, how will access to legal advice and legal aid be ensured? Who did the Government consult when putting together that challenging timeframe? Why have the Government chosen to bypass the first-tier tribunal? Why are the Government suggesting using first-tier employment law judges to assess difficult issues of removal and serious harm?

Some will have an even more difficult route to challenge a refusal if the Home Secretary decides that a claim is “clearly unfounded”. The clauses do not seem to make any sense. If, as seems to be the case, to make a valid application someone needs to provide compelling evidence of harm, it is difficult to see how any valid application containing such compelling evidence can be deemed clearly unfounded. Going beyond that, the grounds for appeal to the upper-tier tribunal are, again, objectionably difficult. Just to get permission to appeal, compelling evidence of serious or irreversible harm is required, assessed on the papers with no further right of appeal. Our amendments to clause 43 seek to rectify that.

We object to the Bill instructing the tribunal how to do its work, in particular how to make assessments of fact. Judges—not the Secretary of State—should determine what new matters can be considered, and what evidence and facts are relevant to their decisions. Our amendments to clauses 46 and 47 and various other clauses seek to protect the independence of the tribunal. We object strongly to the ouster clause in clause 48, in particular the restrictions on the supervisory jurisdiction of the Court of Session.

Amendments 100 and 108 seek to challenge restrictions on onward rights of appeal. These are serious and significant issues of profound importance. Removing the oversight of the courts is unacceptable and unconstitutional. We had a well-developed and functioning system of appeals and judicial oversight. The Government should stop dismantling it. Instead, the Bill will leave most people seeking to assert their rights able to do so only after they have been removed. The notion that such challenges can be successfully undertaken from thousands of miles away is absurd.

The fundamental question is, what happens if someone is successful in making a suspensive case? All that clause 45 states is that they cannot be removed; it does not allow them access to the asylum process or any other assessment of their case. They, like tens of thousands of others who cannot be removed simply because there is nowhere to remove them to, will be left in limbo—a limbo that is disastrous for the taxpayer but life-destroying for the individuals involved. A desperate outcome from a desperate Bill.

Finally, although we support almost all the other amendments and new clauses tabled by Opposition Members, we have concerns about new clauses 23 and 25. New clause 23 would require the Secretary of State to use her broad discretion to put in place a fast-track asylum procedure for so-called “low grant-rate countries”. It contains an amazingly wide definition of a low grant-rate country, which would include nationalities where 49% of applicants had successfully sought asylum.

New clause 25 has aspects that are fine, but crucial to what it tries to do are co-operation agreements for the removal of people who have had claims declared inadmissible. However, there is no definition of “inadmissible” separate from the definition in clauses 2 and 4. That goes to the heart of all of the problems with the Bill. We will continue to listen carefully to what is said about those new clauses, but we are concerned that they need further work.

In short, we oppose every aspect of the Bill. We object to the outrageous timeframe for its consideration and to the lack of impact assessment before we debate it. Our amendments try to mitigate some of its worst aspects but, ultimately, it remains an unlawful Bill completely and utterly beyond repair.

Simon Clarke Portrait Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)
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I rise to speak to amendment 132, which appears in my name. Together with amendments 131, 133 and 134, it has been drawn up with the express purpose of ensuring that our legislation does what my right hon. Friend the Prime Minister has rightly said should be our priority: stopping small boats and the evil trade that sustains them.

We are fortunate to live in one of the greatest countries on earth. Unless we believe in a literally unlimited right of immigration, in any sane legal order, we in the United Kingdom must have the ability to effectively control our borders. It is only by having such control that we can maintain democratic consent for both legal migration and our system for allowing asylum to those in need, as we have done rightly and generously for those fleeing the repression of the Chinese state in Hong Kong, the bestiality of the Taliban in Afghanistan or the cruelty of Putin’s war in Ukraine. As my right hon. Friend the Minister for Immigration said from the Dispatch Box, almost half a million humanitarian visas have been granted by this country since 2015, of which 50,000 came from existing global safe and legal routes.

At the moment, we do not exercise the control to which I alluded a moment ago. Contrary to what Opposition Members may pretend, no amount of operation with the French or investment in our infrastructure at the border—welcome though those things are—can deter people attempting the crossing in the tens of thousands each year.

Scott Benton Portrait Scott Benton (Blackpool South) (Con)
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My right hon. Friend makes a fantastic point about this nation being hospitable and generous, particularly over the last few years. Does he agree with the point raised by my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) that there is a problem not just with illegal routes and illegal immigration, but that over time we have had more and more legal migration? I am afraid that our population is now rising so quickly that it is fundamentally undermining our ability to provide public services.

Simon Clarke Portrait Mr Clarke
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I certainly believe that, vitally, we will only have democratic consent for legal migration if it is clear that that happens at the behest of and with the consent of this House and, critically, that we do not have an illegal immigration situation that is beyond this House’s control.

The reality is that if we are to effectively deter the evil trade of people smuggling, we need to tackle the incentives. That means making it crystal clear that coming here illegally will lead to swift detention and removal. It is neither compassionate nor sustainable to allow what is an abuse of our immigration system to continue. I can testify that, having sat in meeting after meeting with the Home Office as the Chief Secretary to the Treasury, the cost to the Exchequer of millions of pounds each day for hotels to house asylum seekers is not something that we should take lightly. That is, in part, why I tabled my amendments.

Bitter experience teaches us that Tony Blair’s Human Rights Act will otherwise act to frustrate the will of Parliament. The Government have therefore rightly drafted the Bill to disapply section 3 of the Act. However, I believe that other sections of the Act will be engaged too, and they should also be disapplied for the express purpose of this legislation. I say that not on my own authority but on that of Professor Richard Ekins of Oxford University and Sir Stephen Laws KC, the former First Parliamentary Counsel. As they argue in their February Policy Exchange paper:

“New legislation should expressly disapply the operative provisions of the 1998 Act, specifying...section 3 (interpretation of legislation), section 4 (declaration of incompatibility), section 6 (acts of public authorities) and section 10 (power to take remedial action)”.

They go on to say:

“Without legislative provision to this effect, it is inevitable that claimants will challenge the Home Secretary’s understanding of the legislation, inviting the courts either to interpret the legislation to read down her duty to remove persons from the UK (or reading in new procedural requirements) or to declare the legislation incompatible with Convention rights and thus authorising ministers to change it by executive order and ensuring that political pressure would be brought to bear to that end.”

Having disapplied section 3 on the basis that it leaves open the possibility of systemic legal challenge, I can see no legal, philosophical or practical argument against doing the same where a similar risk exists.

Ultimately, we know that our best—and probably only—chance to avoid this legislation being entangled in human rights law is for this place to be absolutely clear and unambiguous about our intentions. My amendment flows in that spirit. We should show the determination now—not after the fact, if and when the fears of many of us in this House have been realised—to make our intentions clear in the Bill.

I wish to speak briefly in favour of amendment 131, tabled by my hon. Friend the Member for Devizes (Danny Kruger), which has a comparable aim to my amendment in respect of the ECHR. I do so for the reasons set out by the Lord Chancellor at the time that the United Kingdom entered into the convention. He said:

“The real vice of the document, therefore consists in its lack of precision. I should be unable to advise with any certainty as to what result would be arrived at in any given case, even if the judges were applying the principles of English law. It completely passes the wit of man to guess what results would be arrived at by a tribunal composed of elected persons who need not even be lawyers, drawn from various European states possessing completely different systems of law, and whose deliberations take place behind closed doors.”

In a nutshell, that is the risk to which we expose the legislation if we proceed without that protection.

I very much hope that my right hon. Friend the Minister will take these amendments seriously and work with us, over the course of the crucial weeks ahead, to ensure the legislation respects the will of the House and, I believe, the will of the British people.

Diana Johnson Portrait Dame Diana Johnson (Kingston upon Hull North) (Lab)
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First, I add my voice to the concerns already raised by a number of Members about the lack of an impact assessment, an equality impact assessment and a children’s rights impact assessment, as we commence the Bill’s important Committee stage. In the Home Affairs Committee report on small boats and migration, we made it clear that:

“There is no magical single solution to dealing with irregular migration. Detailed, evidence-driven, fully costed and fully tested policy initiatives are by far most likely to achieve sustainable incremental change that deters journeys such as dangerous Channel crossings.”

So it is regrettable that we do not have all the information, including the costing and the impact assessments, when debating these clauses today, particularly when the Bill is being rushed through the Commons.