Illegal Migration

Debate between William Cash and Robert Jenrick

Tuesday 24th October 2023 Commons Chamber

[Robert Jenrick]

Far be it from me to cast doubt on the journalism of “The News Agents”, but I disagree with the premise of the hon. Gentleman’s question. In this role, I have come to the view that leaving the European Union was more important than ever because the migration crisis being faced by Europe today, which is likely to grow every year in the years and decades to come, will be very significant and challenging. The ability to control our own borders and make our own decisions is critical for the future of this country.

With respect to the situation in Glasgow, I would be happy to meet the hon. Gentleman there. Glasgow has had a high preponderance of asylum seekers, as he will know, but that was the choice of the Scottish Government. To my eyes, they did not want to house asylum seekers in other parts of Scotland. That is now changing, but it does mean that there will be a particular challenge in his community and I would be happy to meet him to discuss that.

[Sir William Cash (Stone) (Con)]

I commend my right hon. Friend and the Home Secretary for the real progress that is now evident. It may not be sufficient for many at the moment, but the real issue is, as I believe the French are now beginning to understand—I would like confirmation on that, if it is true—that the Human Rights Act, in our case, and the European convention on human rights and the refugee convention are not only a European problem but a global problem. Does my right hon. Friend believe that the French are going to make real changes on this? Is he in discussions with them? As I have said for many years now, unless we sort this out, the tangible benefits will not be as evident as they could be.

[Robert Jenrick]

I am grateful to my hon. Friend for his support over the last year, in particular with our landmark Illegal Migration Act 2023. He is right to say—this is a point I made in a speech at Policy Exchange earlier this year and the Home Secretary made in a speech in Washington more recently—that the international framework, whether it be the European convention on human rights or the refugee convention, although undoubtedly well intentioned at the time, is now in need of serious reform. Today we find ourselves in a world in which hundreds of millions of people are on the move and eligible for refugee status. The situation is incomparable to the one we experienced in the immediate aftermath of the second world war.

The signatories and authors of those documents would be appalled to see some of the abuses we see in our present system, which frustrates our ability to support those who are truly in need and fleeing war and persecution. Across Government, the Prime Minister, the Home Secretary and I are raising this with all our partners and allies at every opportunity.

Illegal Migration Update

Debate between William Cash and Robert Jenrick

Tuesday 5th September 2023 Commons Chamber

[Robert Jenrick]

I was not aware that our meeting had been postponed—I will look into that immediately after the statement. In one sense, the issue that the right hon. Gentleman has brought to the House is a sign of progress: it means that the work we have done to clear the backlog and create an efficient service is now bearing fruit, and more decisions are being granted. In fact, in the last week in August, over 2,000 decisions were granted in a single week, which is the highest for several years. That will mean that there will be increased pressure on some local authorities, such as the right hon. Gentleman’s, which houses a very large number of asylum seekers. Particularly with respect to families, local authorities will have duties and responsibilities that will be challenging for them. I am very keen to work with him and other Members across the House who are affected by that.

[Sir William Cash (Stone) (Con)]

I greatly commend the Minister for the progress he has made with respect to procedure and to the disreputable lawyers who have been exploiting the system, and for the procedures that he has announced today, but could I say something on the question of the Supreme Court? The Supreme Court is going to make a judgment. Could it possibly be encouraged to go more quickly? It really is important: the perception in the country is that nothing is being done, which is not true. The Government have behaved extremely well in relation to the Act of Parliament that has just been passed.

On the question of the ECHR, it is not necessary to abolish the entire convention in these circumstances regarding the issue of illegal immigration. If the Supreme Court case were to go the wrong way, we can tailor legislation: we can use the “notwithstanding” formula and tailor it to the specific requirements that are needed, which would be limited but extremely effective. Will the Minister please bear that in mind?

[Robert Jenrick]

I have always taken and valued the advice of my hon. Friend in this regard. We will, of course, consider what action we need to take if there is a negative judgment from the Supreme Court, but that is not our expectation: we are going to vigorously contest that case and expect a positive outcome. The Supreme Court is going to hear the case in the middle of October and I hope that those justices will come forward with their decision expeditiously because—as my hon. Friend has rightly said—the country is waiting for action and the good work we have done thus far is not enough. We have to go further and, at the end of the day, that will only happen by putting a decisive intervention such as the Rwanda policy in place.

Illegal Migration Bill

Debate between William Cash and Robert Jenrick

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Robert Jenrick]

I will first make a few opening remarks.

This House sent back to the House of Lords its 20 amendments to the Bill, many of which simply drove a coach and horses through the fabric of the legislation. We brought forward reasonable amendments where it was sensible to do so and it is disappointing, to say the least, the some of those have been rejected. I welcome the fact that the 20 issues that we debated last week have now been whittled down to nine, but the issue now before us is whether the clearly expressed views of this House, the elected Chamber—not just in the votes last week, but throughout the earlier passage of the Bill—should prevail.

We believe that inaction is not an option, that we must stop the boats and that the Bill is a key part of our plan to do just that. The message and the means must be absolutely clear and unambiguous: if people come to the UK illegally, they will not be able to stay here. Instead, they will be detained and returned to their home country or removed to a safe third country. There is simply no point in passing legislation that does not deliver a credible deterrent or provide the means to back it up with effective and swift enforcement powers.

We cannot accept amendments that provide for exceptions, qualifications and loopholes that would simply perpetuate the current cycle of delays and endless late and repeated legal challenges to removal. I listened carefully to the debate in the other place, but no new arguments were forthcoming and certainly no credible alternatives were provided.

[Sir William Cash (Stone) (Con)]

I thoroughly endorse what my right hon. Friend says. This is a matter of extreme national interest, as is reflected in the votes of constituents throughout the country. They feel very strongly about these matters. Does he not agree that it is time for their lordships to take note of the fact that the British people want this legislation to go through? They want progress, given the extreme difficulties this is presenting to the British people.

[Robert Jenrick]

I strongly endorse my hon. Friend’s comments. This is an issue of the highest importance to the people we serve in this place. Of course there is a legitimate role for the other place in scrutinising legislation, but now is the time to move forward and pass this law to enable us to stop the boats.

Illegal Migration Bill

Debate between William Cash and Robert Jenrick

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[Robert Jenrick]

I strongly endorse the hon. Lady’s comments. The Homes for Ukraine scheme has been superb and we should all be proud of it—I took part in it at one point. If it is possible to create a comparable scheme for Afghans, we should consider that. I know that the Secretary of State for Levelling Up, Housing and Communities, who has responsibility for that issue, is considering it.

On the broader point about resettlement, the UK has a strong record in this regard. Of course, we would all like to go further, but since 2015 we have welcomed 550,000 people to this country on humanitarian grounds, mostly on resettlement schemes. We are one of the world’s leading countries for such schemes.

[Sir William Cash (Stone) (Con)]

While we are on the question of dates, does the Minister have any idea when the Supreme Court may consider and conclude its judgment? That is relevant not only to the question of the Bill’s progress, but to the question of the Parliament Act, in case that were to be needed.

[Robert Jenrick]

It is for the Court to determine, in the first instance, whether it intends to take up the appeal and at what time it will be heard. I can only point my hon. Friend to the final paragraph in the summary judgment from the Court of Appeal, which expressed the view of the three judges that this is a matter of great urgency and that it needs to be handled expeditiously. I hope that the Supreme Court, if it chooses to hear our appeal, does so swiftly, but that is a matter for the Supreme Court.

Illegal Migration Bill

Debate between William Cash and Robert Jenrick

Report stage
Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

I really should make progress because I worry that we will run out of time.

I will say a few words in response to new clause 15 and on the issue of suspected terrorists. I welcome the shadow Home Secretary’s belated, albeit limited, endorsement of the duty on the Home Secretary to make arrangements for the removal of persons who enter the UK unlawfully—presumably including removal to Rwanda. That duty applies across the board, save in the case of unaccompanied children, so in our opinion, new clause 15 is, again, unnecessary. Protecting the public is the Government’s first priority, and the Bill includes powers to detain illegal entrants and, where necessary, release a person on immigration bail. There are existing powers to apply terrorism prevention and investigation measures where appropriate. They give the security service and the police powerful measures to help manage the risk of terrorism. They are, of course, considered case by case and used as a last resort if prosecution or deportation are not possible. We therefore judge that new clause 15 does not add anything to the Bill’s provisions or to existing counter-terrorism powers.

I have more sympathy for amendment 184, tabled by my hon. Friend the Member for Dover (Mrs Elphicke), in that she is seeking to make a constructive contribution to the debate on how we manage the clear risk posed by terrorism. It is already the case that all asylum claims must be declared inadmissible under the Bill. That is the case for any human rights claim in respect of a person’s home country. Where we are seeking to remove someone to a safe third country, it is right that they should be able to challenge that removal where they face a real risk of serious and irreversible harm—although that is a very limited ground—and the Bill provides for that, but we will always seek to effect removal as soon as possible, particularly where somebody poses a real risk of harm to the British public. I can assure my hon. Friend that, should removal be delayed, appropriate steps will be taken to ensure that the public is properly protected. She is one of the foremost Members of this House in issues related to tackling small boat arrivals, owing, of course, to the particular concerns of her Dover constituents. I am grateful to her for tabling amendment 184, and I look forward to continued work with her as we work through these challenges.

A number of other Government amendments address the concerns raised in Committee by, among others, my right hon. Friends the Members for Middlesbrough South and East Cleveland (Mr Clarke) and for South Holland and The Deepings (Sir John Hayes), and my hon. Friends the Members for Stone (Sir William Cash) and for Devizes (Danny Kruger), who rightly want to ensure that the scheme provided for in the Bill is as robust as possible and not open to exploitation and abuse by those who seek to frustrate removals.

[Sir William Cash (Stone) (Con)]

I would like to reciprocate, if I may. In my 39 years in the House, I had not had an opportunity of the kind that has been offered by the Government on this occasion for a good, proper and robust but none the less effective dialogue on these incredibly important matters. I put on record my thanks to the Government for that.

[Robert Jenrick]

I am very grateful to my hon. Friend for those kind words. We value his expertise, knowledge and commitment on this issue. He has made the Bill better, stronger and more likely to succeed in our objective, which is to stop the boats and restore the public’s confidence.

It has always been our intention that the only claims that could delay removal would be the factual suspensive claims and serious harm suspensive claims provided for in the Bill. All other legal challenges—be they rights-based or other claims—would be non-suspensive. New clause 22, tabled by my hon. Friend the Member for Devizes, makes it crystal clear not only that any judicial reviews will be non-suspensive, but that it will not be open to the Court to grant interim remedies that have the effect of blocking removals pending a substantive decision on a judicial review.

In a similar vein, new clause 24 makes it clear that any legal challenges relating to a decision about a person’s age are also non-suspensive. Through new clause 25, we are taking a power to make regulations setting out the circumstances in which it can be assumed that someone who refuses to undergo a scientific age assessment is an adult. I can assure the House that we will make such regulations only once we are satisfied that the scientific models are sufficiently accurate so that applying an automatic assumption will be compatible with the European convention on human rights. On that question, I thank in particular of my right hon. Friend the Member for South Holland and The Deepings, who has worked closely with the Government to achieve our shared objective.

On interim relief, we are replacing the marker clause relating to interim measures indicated by the Strasbourg Court. As my right hon. Friend the Home Secretary indicated on Second Reading, the Strasbourg Court is itself carrying out a review of the rule 39 process at the encouragement of a number of member states, including us. The former Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), who was then Lord Chancellor, and the current Attorney General, have had constructive discussions with the Court about reform, including on rule 39. However, we can and should do more.

New clause 26 will confer on the Home Secretary or any other Minister of the Crown a discretion, to be exercised personally, to suspend the duty to remove a person where an interim measure has been indicated on an individual case. The new clause sets out a non-exhaustive list of considerations to which the Minister may have regard when considering the exercise of such a discretion in that case. The Minister will be accountable to Parliament for the exercise of that personal discretion. The Government expect that the Minister will carefully consider the UK’s international obligations when deciding whether to disapply the duty.