Commons Sense

House of Commons · Ministerial Statement

Illegal Immigration

15 November 2023 · 54 other contributors

Opened by James Cleverly Con Braintree

Summarised by AI from the official record, so it can contain mistakes.

At a glance

James Cleverly raised concerns about illegal immigration in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • The Minister announces the Government's response to the Supreme Court's judgment on the Rwanda deal.
  • The statement highlights that the Supreme Court's decision is based on outdated information from 15 months ago.
  • The Government remains committed to their policy despite the ruling and outlines actions to address court concerns.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

The Minister announces the Government's response to the Supreme Court's judgment on the Rwanda deal, emphasising that despite the ruling, they remain committed to their policy. The statement highlights that the Supreme Court's decision is based on outdated information from 15 months ago and does not weaken their resolve. It outlines actions taken to address court concerns, such as working with Rwanda to build capacity and amend agreements to ensure compliance with international law. The Minister also notes improvements in illegal immigration numbers since December, driven by expanded intelligence sharing, surveillance technology, expedited returns arrangements, and increased illegal working raids. He affirms the Government's ongoing commitment to ending illegal immigration through various measures.

Other contributors (54)
  • John Woodcock Lab Barrow and Furness

    Question

    The MP asks for clarification regarding how much funding has been allocated towards implementing a new treaty with Rwanda. He also questions the likelihood of this treaty being implemented in the short term given the Supreme Court’s reservations.

    Minister reply

    The minister responds by stating that while he cannot provide an exact figure, significant work is ongoing to address issues highlighted by the courts and establish a robust agreement. The Government remains committed to concluding the treaty swiftly but acknowledges potential challenges outlined by the court.

  • Rachael Maskell Lab Redcar

    Question

    The MP inquires about the immediate steps being taken following the Supreme Court’s ruling, particularly regarding individuals currently held at immigration removal centres awaiting deportation to Rwanda.

    Minister reply

    The minister assures that those detained for potential deportation are not affected by today's judgment. He reiterates the Government's ongoing efforts to address court concerns and emphasises their commitment to ensuring that all legal obligations are met while protecting national security.

  • Chris Philp Con Croydon South

    Question

    The MP seeks confirmation on whether the Government plans to introduce alternative measures if the current policy is deemed legally non-compliant.

    Minister reply

    The minister confirms that the Government remains committed to ending illegal immigration and will continue to explore all lawful options. He emphasises the importance of a multi-faceted approach, including collaboration with other countries and addressing root causes.

  • Yvette Cooper Lab Pontefract, Castleford and Knottingley

    Question

    Welcomes the new Home Secretary but criticises the government's handling of asylum policy. Questions the total expenditure on the failed Rwanda plan and seeks clarity on future costs for a new treaty with Rwanda. Challenges the government’s commitment to their flagship legislation and asks if they will abandon implementing central clauses of the law due to its ineffectiveness.

    Minister reply

    The Home Secretary counters by highlighting that hotel usage is decreasing, small boat arrivals are reducing, and closer working relationships with European partners are being formed. He acknowledges that Rwanda remains an important tool but notes it is not the sole solution. The government has always pursued a range of options to tackle illegal migration, including work with Rwanda, which is having an effect. He concludes by stating that the Labour Party does not want effective migration control.

  • Question

    Welcomes the new Home Secretary and inquires if the Supreme Court’s judgment was contingent on the European convention on human rights.

    Minister reply

    The Home Secretary confirms that the judgment is not contingent on the ECHR but acknowledges the need to work with Rwanda partners to address concerns about returning people to unsafe countries. This approach will ensure that Rwanda remains a key response element for illegal migration.

  • Alison Thewliss SNP Glasgow Central

    Question

    The SNP welcomed the Supreme Court's decision that Rwanda is not a safe country for refugees and asylum seekers, emphasising that the principle of non-refoulement applies to international laws beyond just the ECHR. The Home Secretary should focus on fixing his Department's failings rather than chasing fantasies. What will happen now for people in immigration limbo? At least £1.4 million has been spent on legal challenges; when will a system treating refugees with dignity and respect be created?

    Minister reply

    The work being done includes interrupting the logistics of illegal migration, which is showing results compared to increases seen elsewhere in Europe. The Home Secretary intends to address structural changes and capacity-building needed to eliminate refoulement risk.

  • Priti Patel Con Witham

    Question

    Welcoming the new Home Secretary, she urged him to take every necessary step and measure to work with Rwanda on practical operational delivery of the migration partnership. This partnership is essential for breaking the people-smuggling business model.

    Minister reply

    The Government will break the people-smuggling gangs' business model by pursuing various workstreams, including working to address issues raised by courts to ensure they can prove there's no risk of refoulement.

  • Diana R. Johnson Lab Kingston upon Hull North and Cottingham

    Question

    The chief inspector of borders and immigration highlighted the challenges facing the Home Office, particularly on professional integrity and understanding human rights. Does today’s ruling on Rwanda prove or disprove these concerns?

    Minister reply

    The Government take their responsibility to protect the country's borders very seriously. They will continue to ensure that actions are taken in accordance with this responsibility.

  • Question

    Welcoming the Home Secretary, he noted the statement’s respect for court decisions and asked if it is clear that addressing facts can make the scheme compliant.

    Minister reply

    The Supreme Court's judgment tells us what we need to do to address their concerns. We intend to operationalise this plan to break the business model and stop the boats.

  • Question

    Two per cent of asylum seekers are LGBTQI+ people fleeing countries where just being themselves can be a death sentence. Does the Home Secretary agree with his predecessor that they are pretending?

    Minister reply

    The right hon. Gentleman should ask for my views directly rather than commenting on others’ views.

  • Question

    Welcoming the new Home Secretary, he asked why the original Rwanda treaty did not consider non-refoulement and which Law Officer was responsible for giving legal advice.

    Minister reply

    Government legal advice is not discussed at the Dispatch Box. However, it is known that the Government listened carefully to statements by judges in lower courts and have started taking action based on those concerns.

  • Alistair Carmichael Lib Dem Orkney and Shetland

    Question

    Welcoming the new Home Secretary, he noted a positive part of his statement about not manufacturing unnecessary rows for political gain. Will the Home Secretary dissociate himself from comments by Lee Anderson, deputy chairman of the Conservative party, who suggested ignoring laws?

    Minister reply

    The Government respect the law and ensure actions comply with international law as advised by courts.

  • Julian Lewis Con New Forest East

    Question

    Will the Home Secretary explain why people who arrive illegally from a safe country cannot immediately be returned to that country?

    Minister reply

    Receiving countries must consent, and the UK has developed strong relationships with source countries like France and Albania to manage illegal migration.

  • Chris Bryant Lab Rhondda and Ogmore

    Question

    Does the Home Secretary believe that people claiming asylum on the basis of their sexuality are lying?

    Minister reply

    While some may lie, it is nonsensical to suggest everyone claiming persecution due to sexuality is lying. The UK aims to protect those genuinely in need.

  • Question

    What work is the Home Office doing to help Rwanda build its decision-making capability?

    Minister reply

    The UK and Rwanda are working together to strengthen Rwandan institutional structures, as advised by the Supreme Court's judgment on capacity building.

  • Question

    When will the Home Secretary produce a humane asylum policy that complies with international treaties?

    Minister reply

    The UK is reducing small boat numbers and hotel places as per the 10-point plan. The Government aims to operationalise the Rwanda scheme by addressing concerns about refoulement.

  • Iain Duncan Smith Con Chingford and Woodford Green

    Question

    Does the Home Secretary plan to ask the Attorney General to address the wider implications of the judgment?

    Minister reply

    The focus is on delivering effective policies for the British people. The Attorney General will provide legal advice to HM Government.

  • Stella Creasy Lab Co-op Walthamstow

    Question

    When will the Home Office begin processing asylum claims of individuals like a trafficking victim stuck in an asylum hotel since May 2022?

    Minister reply

    The backlog of case files has been reduced from 91,000 to a lower figure. Specific details of individual cases are not available without further inquiry.

  • Question

    When will the UK resort to using a 'notwithstanding' clause if efforts to recondition the Rwanda agreement into treaty form fail?

    Minister reply

    The deterrent effect of the Rwanda scheme is already evident, and the Government remains focused on reducing small boat crossings through legal means.

  • Sammy Wilson DUP East Antrim

    Question

    The Home Secretary and the Government are right to prioritise ending illegal migration. However, his plans seem chaotic like Baldrick’s in 'Blackadder'. Will the Home Secretary commit to taking action against the European Court of Human Rights if they continue to be a barrier?

    Minister reply

    The right hon. Gentleman knows that I have a huge amount of respect for him. The judgment sets out international commitments and legal points we are addressing. Small boat arrivals in the UK are down, hotel bed spaces usage is decreasing, processing speed has increased, and asylum claims volume significantly rose. We will continue to deliver on our commitments.

  • Question

    Does my right hon. Friend agree that Governments have to obey the law in the same way as individual citizens and corporations do? Is there a simple lever to pull for this complex issue?

    Minister reply

    This is a constant battle, domestically and internationally. We will continue to ensure we abide by the rule of law while delivering on commitments to drive down illegal migration.

  • Chi Onwurah Lab Newcastle upon Tyne Central

    Question

    I welcome the Home Secretary to his position, but one fifth of my constituency casework is related to his Department, and it causes human misery. Will he get a grip, stop 'magical thinking' and fix his Department?

    Minister reply

    The hon. Lady’s constituent's frustration is reflected in her question. We committed to increasing decision-making speed and reducing the backlog, which we have demonstrably done.

  • Caroline Johnson Con Sleaford and North Hykeham

    Question

    My constituents are disappointed by the judgment but will be heartened by the Government’s commitment to stop the boats. How long will it take to upgrade the treaty with Rwanda, could it face legal challenges, and if so how long could they take?

    Minister reply

    I cannot give certainty on timelines. We need to drive down accommodation demand at RAF Wethersfield and Scampton, which requires stopping the boats.

  • Jeremy Corbyn Ind Islington North

    Question

    Welcome to his position and the court judgment. Why people risk their lives for asylum? Should all Governments address poverty, wars, human rights abuses as causes of migration?

    Minister reply

    The right hon. Gentleman's statement is naive beyond belief. We are addressing climate change, reducing conflicts and persecutions, but also breaking the business model of people smugglers.

  • Question

    General welcome to my right hon. Friend. Has he made an assessment of whether legislation will be necessary to remedy problems identified by the judgment? When does he anticipate being in a position to introduce that legislation?

    Minister reply

    We have already set in place work to turn the memorandum of understanding into a treaty, thereby addressing some concerns. If domestic legislative work is needed, we are unafraid of putting forward legislation.

  • Clive Efford Lab Eltham and Chislehurst

    Question

    Welcomes his new role as former pupil at Colfe’s School. Urges him to resist calls from people on his own Benches to remove us from the European convention on human rights, citing concerns about extradition of serious criminals or those suspected of terrorism.

    Minister reply

    I will focus on what we need to do to achieve this policy and operationalise the Rwanda plan as set out by their lordships in the judgment.

  • Edward Leigh Con Gainsborough

    Question

    How long will the Rwanda treaty take? How long will it take for court cases and judgments, human rights lawyer reviews? Once Scampton’s court case is decided, will he meet to work together on levelling up at £300 million?

    Minister reply

    I am always delighted to meet my right hon. Friend. I am committed to driving down the need for RAF Wethersfield and Scampton just as we have driven down hotel accommodation needs.

  • Claire Hanna SDLP Belfast South and Mid Down

    Question

    Welcomed the Home Secretary to his new role, questioned whether the policy is compatible with facts and law, inquired about the European Convention on Human Rights (ECHR) and its compatibility with the Good Friday agreement.

    Minister reply

    Replied that the focus should be on processing and public services rather than guaranteeing timelines. Emphasised being effective on processing, reducing hotel accommodation needs, and speeding up decision-making.

  • Question

    Discussed the importance of parliamentary sovereignty in relation to rule of law, proposed a 'notwithstanding' provision for addressing issues related to illegal immigration.

    Minister reply

    Advised against seeking silver-bullet solutions and instead focused on practical work within the Home Office.

  • Kerry McCarthy Lab Bristol East

    Question

    Criticised the Rwanda scheme as callous, inhumane, and ineffective, questioned its ethical dimension following a recent court ruling.

    Minister reply

    Responded that there are no credible alternatives from Opposition Members and continued to pursue multiple workstreams.

  • David Simmonds Con Ruislip, Northwood and Pinner

    Question

    Welcomed the tone of the statement, inquired about reinforcing work with France.

    Minister reply

    Confirmed ongoing extensive work with France which is proving effective.

  • Question

    Asked for a meeting for Glasgow MPs to discuss successful refugees and rehousing discussions with local authorities.

    Minister reply

    Replied that officials from the Department meet regularly on these issues, suggested bringing specific cases to his attention.

  • Neil O'Brien Con Harborough, Oadby and Wigston

    Question

    Welcomed the Home Secretary's comments on illegal immigration fairness and discussed Supreme Court ruling implications.

    Minister reply

    Acknowledged the comprehensive nature of the judgment but reiterated commitment to a powerful deterrent through pursuing all lines of effort.

  • Question

    Proposed alternative use of Rwanda plan funds for improving application process and establishing safe routes.

    Minister reply

    Responded that asylum processing has increased tenfold in the last year, and efforts are not mutually exclusive.

  • Question

    Welcomed Home Secretary to his role, noted reduction in small boat arrivals by a third, requested data on long-standing asylum applications.

    Minister reply

    Agreed to share the idea of sharing data with MPs and councils for housing preparation.

  • Question

    Asked about revisiting international relationships including ECHR and its implications on human rights and treaties.

    Minister reply

    Referred back to previous statements regarding focusing efforts on unlocking strands of illegal migration policy.

  • Question

    Welcomed Home Secretary, criticised Opposition for lack of ideas and willingness to tackle issues.

    Minister reply

    Asserted that the Government will remain focused on serving the British people and stopping boats.

  • Question

    Inquired about recognition of implications if UK renounces ECHR, particularly around human rights and agreements.

    Minister reply

    Replied that he is aware of the implications but focused on delivering a multi-strand approach to illegal migration.

  • Question

    Asked for Prime Minister's statement about revisiting domestic legal frameworks to be sharpened.

    Minister reply

    Confirmed focus on ensuring legislative framework is fit for purpose and committed to stopping boats.

  • Question

    Inquired about knowing when treaties and changes give the Court certainty, asked if proactive ruling requests will be made.

    Minister reply

    Noted starting process of turning MOU into treaty and focusing on addressing specific issues raised by the courts.

  • Nicholas Fletcher Lab Doncaster North

    Question

    In addition to voting against the Government 70 times on stopping the boats, the Opposition speak about natural dispersal when dealing with economic migrants. This means they often end up in Doncaster, where property is cheaper, rather than in the leafy suburbs of the liberal elites, but Doncaster is full. So will the Home Secretary do everything he can to put through the Rwanda treaty as soon as possible?

    Minister reply

    I welcome the point raised by my hon. Friend. It is often the least well-off communities who feel the burden most heavily, and it is our duty to them to address these issues. I give him that commitment.

  • Anne McLaughlin SNP Glasgow East

    Question

    This morning I met a British Palestinian woman called Wafia, who told me that 30 members of her family have died in the last month in Gaza. She told me about her cousins, who so far have survived but are utterly traumatised and completely terrified. Should those cousins and their children somehow make it to these shores, albeit on the only route given to them by this Government—in other words, the dangerous small boats crossings—is the Home Secretary seriously telling me that he could look them in the eye and tell them not only that they will they not be joining Wafia, but that they will be going to Rwanda, which is his eventual plan, and will never be reunited with what remains of their family?

    Minister reply

    I am not going to be drawn into making comments on specific individuals without knowing the circumstances; it would be ridiculous for anyone in the House to try to do immigration processing across the Dispatch Box like that.

  • Jonathan Gullis Lab Stoke-on-Trent North

    Question

    The people of Stoke-on-Trent North, Kidsgrove and Talke want to know clearly and simply whether the Home Secretary, as well as looking at our legal framework here in the United Kingdom, will be willing to disapply international treaties and conventions such as the ECHR and the refugee convention in order to take back control of our borders—yes or no?

    Minister reply

    I do not believe those things are necessary, but the point is that we remain focused on what we need to do. As I have said a number of times, there are no silver bullets.

  • Alan Brown SNP Clydebank and Milport

    Question

    According to the Home Office’s own figures, it will cost £63,000 more to transport a vulnerable human being to Rwanda than to let them stay in the UK. So if the Government wanted to scrap this unlawful, inhumane and cruel policy, how much money would it save taxpayers?

    Minister reply

    I do not agree with those numbers because, ultimately, that fails to take into consideration the cost to human lives of not deterring people, of putting their lives into the hands of criminals.

  • Louie French Con Old Bexley and Sidcup

    Question

    Does my right hon. Friend agree that it is classic Labour double standards when Labour Members appear to support the United Nations sending people to Rwanda but do not support the British Government doing the same?

    Minister reply

    A friend of every country except their own, I think.

  • Deidre Brock SNP Edinburgh North and Leith

    Question

    The Home Secretary is clearly under a lot of pressure from his Back Benchers on this, but may I remind him that the ECHR is entwined throughout many years of devolved Parliament legislation, and indeed Scottish case law? What assurances can he give that his Government will not attempt to weaken or change the ECHR without consent from the devolved Administrations?

    Minister reply

    With regard to amendments, when I was Foreign Secretary I made the point that if we want to preserve institutions, they need to evolve. Nothing should be caught in aspic or frozen in amber.

  • Greg Smith Con Mid Buckinghamshire

    Question

    I very much welcome my right hon. Friend to his new post, and the clear determination he has shown to stopping the boats. However, speed is the metric by which our constituents will judge us. Once the dust has settled on the judgment and it is clear whether we need a “notwithstanding” provision or other legislation, will he bring that to this House with the same speed that we brought through things such as the Coronavirus Act 2020, so that we can shut down the evil trade of people smuggling?

    Minister reply

    My hon. Friend makes an important point, and my commitment, which is echoed by the Prime Minister, is that we will look at our domestic legislative framework and take action.

  • Stuart McDonald PC Carmarthen East and Dinefwr

    Question

    What the Home Secretary is ultimately arguing for is a system whereby rich western countries get to pack off asylum seekers and refugees to poorer countries that already bear a vastly disproportionate share of responsibility for sheltering refugees around the world. There is zero evidence that that will work, and an abundance of evidence of the harm it does to the individuals caught up in it. Is it not the case that this is not just illegal, but immoral and impracticable?

    Minister reply

    So what would the hon. Gentleman do? Would he say that every person in the world should automatically have the right to stay?

  • Tom Hunt Lab Colchester

    Question

    I first raised this issue in this place on 18 May 2020. The Rwanda scheme was stuck in the courts for 18 months. Enough is enough. Does the Home Secretary agree that one of the tools in his basket needs to be a deterrent that is robust, and that timescales matter? I have had enough, and all of my constituents have had enough. This is a matter of critical importance.

    Minister reply

    I remind my hon. Friend that we are already seeing success, and that success is accelerating because of the measures we have put in place.

  • Jack Brereton Con Bury North

    Question

    I very much hope that the measures my right hon. Friend has set out will allow us to deliver the Rwanda plan as soon as possible. Will he also look—I have asked for this on a number of occasions—at other third countries that we could form partnerships with, to deliver more processing overseas in a number of those locations?

    Minister reply

    I assure my hon. Friend that in addition to the conversations with Rwanda, which are well progressed, we are having similar conversations with a number of other countries.

  • Anna Firth Con Southend West

    Question

    I warmly welcome my fellow Essex colleague to his place and wish him every success. I welcome his commitment to a tough but fair policy on immigration. The people of Southend are particularly concerned that if we do not resolve the issue of illegal migration, we are preventing people who have served our country from coming here legally to safety. Does he agree?

    Minister reply

    My hon. Friend is absolutely right, and a number of people have mentioned the humanity of this.

  • Brendan Clarke-Smith Con Rochford and Southend East

    Question

    I welcome the Home Secretary to his place and thank him for the outstanding job he did in his previous brief. Rwanda is a country that we do business with, a country with a thriving economy, and a country that the Leader of the Opposition’s football team even promotes as a tourist destination. Bearing that in mind, will the Government consider whether it may be appropriate to add Rwanda to the list of safe countries?

    Minister reply

    My hon. Friend makes a good point, and one of the few things that the former Leader of the Opposition and I share is a passion for Arsenal football club.

  • Question

    Although I welcome the steady progress being made to close asylum hotels, I am extremely disappointed that the Metropole in Blackpool is yet to be vacated. That hotel is located in the poorest ward in the entire country bar none, and the pressure on my local community and public services is immense. Is the Home Secretary able to assure me that in the next batch of hotel closures, socio-economic conditions will be taken into account, and that the Metropole will finally be closed?

    Minister reply

    I listened carefully to my hon. Friend’s point, and he reinforces the issue that I think is key: it is very easy for people to be generous of spirit when someone else is bearing the burden. The people in his constituency and the immediate neighbourhood of the Metropole hotel are, as he said, not wealthy people, yet they are the ones disproportionately bearing the brunt of illegal migration. That is why we are committed to helping them, and other people like them across the country, by getting a grip of this evil trade and stopping the boats.

Shadow Comment

Yvette Cooper

The Shadow Home Secretary criticises the Government for wasting time and money on the failed Rwanda plan. She points out the Supreme Court's judgment as damning evidence of the policy’s failure and questions the lack of a serious plan to address dangerous boat crossings and asylum system chaos. Cooper highlights the cost inefficiency, warning that even if the plan had been found lawful, it would have only covered a few hundred people. She also calls for transparency regarding the total expenditure on the failed Rwanda plan and expresses doubt about its implementation in the near future. The shadow suggests focusing instead on addressing criminal gangs along the channel, clearing asylum backlogs, and ending hotel use to save taxpayers money.

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