Illegal Migration Bill

Debate between Stephen Hammond and Robert Neill

2nd reading
Monday 13th March 2023 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I echo the words of my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) in saying that we need some calm and seriousness in this debate. Tone is important, even if it has sometimes been lacking. In that spirit, we should observe that it is not unlawful or illegitimate, when faced with novel developments in the means of unlawful entry into the United Kingdom, to test the legal position. That is what the Bill does, and no more at this stage. It is legitimate to do that.

I support the international convention on refugees, but we have to recognise that it was conceived in 1951, at a time when people were smuggled across borders, and there was perhaps a little bribery of local officials or some altruistic assistance for people to get over borders. That was before the time of organised criminality exploiting vulnerable people. We have to reflect the reality of that change in circumstance. The Government are entitled to look at how that might best be done. That is a case for judicial dialogue in Strasbourg, and for renegotiating some of the international treaties.

That said, some of us are able to support the Bill only because of the safeguards written into it, such as habeas corpus.

[Stephen Hammond]

Does my hon. Friend accept that a number of Conservative Members support the Bill tonight on the basis that when it gets to Committee and Report stage, the Government will confirm in more detail the legal basis of the statement that it complies with our international obligations?

[Sir Robert Neill]

I have great faith in the legal input of the Attorney General and the advice of senior Treasury counsel on the Bill. My hon. Friend is right about that. Some of us will look to improve the protections for children and families and some of the tests, such as the suspensive serious harm test and the compelling circumstances under new subsection (4)(b) in clause 29. Were it not for things such as that, it would be very difficult to support the Bill, but they are in there and we need to build on them.

I want to make it clear that legislation itself is not a solution. Left on its own, the Bill will not achieve anything, and nor will any other Bill. The real need is to operationalise the situation and to improve the lamentable performance of our asylum and immigration systems over a number of years. It is ludicrous that immigration tribunals sit empty and that fee-paid, part-time immigration judges who are used to surge capacity sit unused because the Home Office is unable to get the files in order to present before the tribunal. If it cannot get the cases through the system efficiently and accurately, the Bill will fail.

A kind of isolationist unilateralism will not solve an international problem. Many of us think that the Prime Minister’s work on Friday will be every bit as important as any piece of legislation in finding a way forward to what I hope will be a new agreement with France on security and a movement to a proper returns policy. We need a returns policy with friendly and safe countries to make the Bill work. The Prime Minister has the seriousness and the tone to achieve that.

Finally, we must ensure that we swiftly undertake a sensible approach to the international position to ensure that our reputation continues to be upheld. The rule of law matters domestically and internationally. That does not mean that we turn a blind eye to organised criminality abusing our hospitality—that is a real concern to my constituents. That is why it is important that we move forward, but the idea that any piece of legislation alone will do that, without serious operational changes and the resource to go behind them, is misleading.