Nationality and Borders Bill

Theresa May Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Priti Patel]

Perhaps the hon. Gentleman would like to either intervene or listen.

The British people have repeatedly voted to take back control of our borders, something that the Labour party has repeatedly voted against and complained about. The British people finally have a Government who are listening to them, because our priorities are the people’s priorities. For the first time in decades, we will determine who comes in and out of our country. Our plans will increase the fairness of our system.

[Mrs Theresa May (Maidenhead) (Con)]

I hope my right hon. Friend will forgive me if I intervene in this way, but she is giving the impression that no Conservative Government since 2010 have tried to address these issues. Can I assure her, on the basis of six years in the Home Office, that they have been addressed? I will refer in my speech to the fact that Governments constantly have to look at these issues relating to immigration, rather than thinking that one piece of legislation will deal with the problem forever.

[Priti Patel]

I thank my right hon. Friend for making that point, which the Labour party should also recognise. A little earlier, the hon. Member for Hove (Peter Kyle) said, “In 11 years, what have you done?” As my right hon. Friend has just pointed out, cumulative efforts have been made—[Interruption.] Perhaps the hon. Member for Cardiff North (Anna McMorrin) would like to listen as well. It is important to note that over the years —my right hon. Friend is right, and in fact I am going to refer to a piece of legislation with which she will be familiar—change did come in, but unfortunately, for a range of reasons, the system is now being abused and gamed.

--- Later in debate ---

[Nick Thomas-Symonds]

If the hon. Member wants to hear about statistics, try these: the share of applications that received an initial decision within six months fell from 87% in 2014 to 20% in 2019. That is the scale of the failure of this Government. At the end of March 2021, over 66,000 were waiting for an outcome on their initial claim. Seventy-five per cent. of them—over 50,000—have been waiting over six months. New research from the Refugee Council shows that, according to the most recent data available, over 33,000 people have been waiting for over a year. I have been intervened on about the last Labour Government, but that represents a tenfold increase in the past decade—tenfold. It is failure heaped upon failure, and not only that: the initial decision making is so poorly judged that around 40% of initial decisions are overturned: so four in every 10 decisions are wrong. Yes, this process is broken and, frankly, it is getting even worse.

[Mrs May]

I note the right hon. Gentleman has made the point about initial decisions. Does he not recognise that one of the problems has been the ability for people to bring extra evidence after that decision has been made, so that the court is often looking at a case that is different from the one on which the initial decision was made?

[Nick Thomas-Symonds]

I will come to that point in a moment because I have deep concerns about that. The right hon. Lady passed, as has already been pointed out, the legislation on modern slavery, but it is also the case that victims often feel too traumatised to talk about their experience at an early stage, so this idea of giving such minimal weight to later evidence I find very concerning, particularly in the modern slavery context. I will come back to that in a moment because I know it is a matter of concern on the Conservative Benches as well as on these.

[Mrs May]

I do apologise to the right hon. Gentleman and he is very gracious in giving way, but can I just say to him that that comment about modern slavery—and he will hear that I have some concerns about the modern slavery aspects of this Bill—did not respond to the intervention that I made?

[Nick Thomas-Symonds]

With great respect to the right hon. Lady, she was making the point about late filing of evidence, and I was making the point in response—I will come on to it in a moment, and I am quite happy to give way to her again when I do—that the way this Bill is framed, in terms of the direction to give very little weight to late evidence, is very concerning with respect to victims who are unable to talk about their trauma at an early stage in the proceedings. I will come back to that and I will be very happy to give way to her again when I do.

On asylum accommodation, the idea of sending people to offshore processing sites is dehumanising and unconscionable. As the UN Refugee Agency puts it,

“The UK should abandon plans to ‘externalise’ its refugee commitments, which would see it shift responsibility for protecting refugees on to states with less capacity and more refugees.”

Frankly, it is an attempt to distract from Government failure on the housing of those seeking asylum.

--- Later in debate ---

[Mrs Theresa May (Maidenhead) (Con)]

Thank you, Madam Deputy Speaker. I will try to get in as many points as I can in those four minutes. I thank the Home Secretary for holding prior discussions with me on the Bill and the Government’s approach. The Government are right to try to find a better way to differentiate between economic migrants and refugees. This is an international challenge: as I said to the United Nations in 2016, we need to revise international conventions on this issue, so that we can more clearly focus our help on those who are refugees. As we saw in 2015 with the significant movement of people into the European continent, many of whom were trying to get through to the UK, they were widely portrayed as all being refugees, but in fact the majority of them were economic migrants. We must find a way to differentiate between them.

[Jacob Young (Redcar) (Con)]

Does my right hon. Friend agree that the most compassionate thing we can do to help these people, is stop them getting in the boat in the first place?

[Mrs May]

I absolutely agree with my hon. Friend. That is why the work being done—I shall refer to this later—to increase the economic development of the countries that people are coming from, and to deal with the criminal gangs, is so important.

I have set out three principles, which I am pleased to say underpin the Bill. First, we must help to ensure that refugees claim asylum in the first safe country they reach. The current trend, where refugees reach a safe country and then press on with their journey, can only benefit criminal gangs and expose refugees to grave danger. The refugee convention does not state that refugees must claim asylum in the first safe country they come to. We were able to exercise that rule in the Dublin regulation as part of the European Union. Obviously that is not applicable to us now, and indeed the EU has since changed the Dublin regulation.

Secondly, we need to improve how we distinguish between refugees fleeing persecution and economic migrants, which will help to target support on those refugees who need it most, as well as encouraging people to support such a measure if they see that the people who are coming are genuinely refugees. Thirdly, we need a better approach to managing economic migration, which recognises that all countries have the right to control their borders. We must all commit to accepting the return of our own nationals when they have no right to remain elsewhere.

Sadly, as the Home Secretary said, the business of people trafficking has increased in recent years. To the criminal gangs, it does not matter whether they deal in drugs, weapons or desperate people—it is all the same; they want to make money. Breaking their business model is essential. That means stopping the routes available to them, but it also means catching and prosecuting them. That requires international co-operation. We have been very strong on international co-operation, and we must encourage more countries around the world to see this as an issue on which they should be working with us, and others.

I recognise that the Bill focuses on differentiating between those who came here legally and illegally, and I understand why the Government have gone down that route, but that in itself does not address the issue of better differentiating between refugees and economic migrants. I hope that the Government will give some thought to how they can work internationally to try to deal with that.

The concept that Britain could process asylum claims outside the UK came up when I was Home Secretary, and there was a lot of discussion on it in the European Union, but we did not go down that route because of practical concerns. It would not automatically remove the criminal gangs’ business model, because they would get people to the centre and still take those rejected by the centre and move them on across the Mediterranean, so there could be an increase in people being picked up and taken into slavery. There is also the problem of what we do with those people who are rejected for asylum but cannot be returned to their country of origin. The concept of allowing asylum to be granted outside the UK is also a major step, and it would have ramifications for any Royal Navy or Border Force vessel operating humanitarian missions in the Mediterranean, for example.

On seeking protection but entering illegally without a valid entry clearance becoming a new criminal offence, we must not send the message that somebody genuinely fleeing persecution whose only route out of that persecution is to the UK will automatically be seen as a criminal. I also echo the comments made by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith).

[Yvette Cooper]

Does the right hon. Lady agree that part of the concern is about ensuring that the modern slavery provisions do not end up being drawn too tightly?

[Mrs May]

I am grateful to the right hon. Lady for her intervention, because I am coming on to that point. I am sure that across the House we are sickened to know that some are abusing our world-leading modern slavery legislation in trafficking people into this country. We need to deal with the problem, but I have two concerns with the Bill. The first is about timing and the issue that the Secretary of State can require information to be provided within a specified period. It takes time for many victims of modern slavery to identify as a victim, let alone be able to put forward the evidence to establish that. I would like reassurance about how that power will be exercised.

Secondly, I would like an explanation about the change from needing reasonable grounds that a person may be a victim of modern slavery to reasonable grounds that a person is a victim of modern slavery. I know we need to toughen up to ensure that the law is not being abused, but again this relates to the degree of information that an individual may be able to provide at an early stage in consideration of their case.

I understand the complexity of the issues with which the Government are dealing in this area of policy. There always seems to be a need for a new immigration Bill because people are always trying to find loopholes that they can use to get here, so we must have legislation that not only strengthens the Government’s ability to deal with illegal immigration but continues to show that the UK is a country that welcomes those who are genuinely fleeing from persecution.

Nationality and Borders Bill

Theresa May Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

[Dame Diana Johnson]

I rise to speak to new clause 3, which would put into law a specific offence for trafficking for the purposes of sexual exploitation. We know that serious organised crime networks are deeply involved in this trade in human misery. I thank Kat Banyard at UK Feminista and Tom Farr at CEASE—the Centre to End All Sexual Exploitation—UK, who have helped to draft new clause 3, and the Humber Modern Slavery Partnership at the Wilberforce Institute in Hull for all its help.

Although the Modern Slavery Act 2015 covers exploitation broadly, the catastrophically high number of women and girls trafficked into the UK for the sex industry means that it merits a specific offence. The latest figures from the national referral mechanism show that 60% of women and girls who were identified as potential victims in the past year were trafficked for purposes including sexual exploitation. In 2020, 94 women and 624 girls were trafficked and sexually exploited. These women need specific and targeted protection.

New clause 3 would ensure that the link between human trafficking and sexual exploitation is acknowledged. It would aid efforts to combat the scourge of human trafficking and broader violence against women and girls by providing a framework that would ensure that the authorities respond to individuals who may have been previously viewed as criminals as though they are, in fact, victims of sexual exploitation.

I also want to speak to amendments 5 to 7, which focus on stopping late disclosure affecting credibility and providing guidance to help the relevant authorities to identify victims. Andrew Smith of the Humber Modern Slavery Partnership, an experienced practitioner, told me:

“We know there are various reasons why we might see late disclosure by victims of sexual exploitation and trafficking. Victims may not identify as victims first and foremost, it can be only when a person is removed from the exploitative environment that they understand they were in fact being abused and exploited.”

And yet, the Bill proposes a time limit on disclosure.

The Modern Slavery Policy Unit, co-led by Justice and Care UK and the Centre for Social Justice, stated:

“Presuming late disclosure of modern slavery damages credibility will create barriers to effective identification and engagement with victims.”

The Bill, as it stands, will make identifying and assisting victims of human trafficking more difficult.

Amendment 5 would stop late disclosure affecting the credibility of a claim of being trafficked for the purpose of sexual exploitation. The Home Office’s modern slavery statutory guidance states:

“Victims’ early accounts may be affected by the impact of trauma. This can result in delayed disclosure, difficulty recalling facts, or symptoms of post-traumatic stress disorder. Victims may also be reluctant to self-identify for a number of other reasons that can make understanding their experiences challenging.”

This amendment acknowledges Home Office guidance by ensuring that late disclosure does not damage credibility.

Amendment 6 sets out how a person who makes a late disclosure might be better identified by any relevant authority.

[Mrs Theresa May (Maidenhead) (Con)]

I am very interested in what the right hon. Lady is saying. If we are to stop modern slavery, we must ensure that we catch the perpetrators, which requires victims to be able to come forward with evidence. She is outlining certain elements of the Bill that she fears will restrict victims’ ability to come forward, and I am concerned that the public order disqualification threshold and the time period on slavery and trafficking information notices will also have that effect. Does she share my concerns about those aspects and hope that the Minister will address them specifically today?

[Dame Diana Johnson]

I thank the right hon. Lady for that intervention and pay tribute to her for, as Home Secretary, bringing in the Modern Slavery Act. I sat on the Bill Committee for that Act and I remember well the debates that we had. She should be very proud of her work on this issue, and I absolutely agree with her comments on what the Bill will lead to.

To return to amendment 6, I want to make it clear that putting these guiding factors in the Bill would provide a deeper understanding for the authorities of what they should be aware of and how to identify victims.

Amendment 7 would require the Secretary of State to issue guidance on the specific factors that may indicate that somebody is a victim of human trafficking for the purposes of sexual exploitation. That would provide a framework for the relevant authorities to refer to when trying to discern the type of exploitation that has taken place.

The Under-Secretary of State for the Home Department, the hon. Member for Corby (Tom Pursglove), argued against these amendments in the Bill Committee, stating that the Government did not want to create a “two-tiered system” based on the exploitation that a victim had faced. I think that is simply wrong. Acknowledging the distinct features of trafficking for the purposes of sexual exploitation, as opposed to, for example, forced labour, would improve the authorities’ response and the ability to prosecute and find the perpetrators. Recognising and identifying difference would not create a hierarchy; rather, it would make the system more effective and accurate. The Minister also stated that delineating between trafficking for sexual exploitation and trafficking for other purposes would motivate individuals to put forward falsified referrals. However, all the evidence shows that victims of trafficking for sexual exploitation need more encouragement to come forward, not less.

Finally, I want to speak in support of new clause 47 and the supporting amendment 149, which was tabled by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). He has worked assiduously on protections for victims of human trafficking and modern slavery for many years. The new clause would provide all victims who receive a conclusive grounds decision with 12 months’ leave to remain to either recover, claim compensation or assist the police. The Government need to do more to protect people who have suffered from these horrendous crimes.