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Nationality and Borders Bill - Sitting 2
21 September 2021
Type
Public Bill Committee
At a Glance
Issue Summary
Witnesses Lucy Moreton and Zoe Gardner testify on the Nationality and Borders Bill and its impact on the asylum system. Siobhain McDonagh discusses concerns about the Nationality and Borders Bill's impact on asylum seekers and smuggling gangs. The statement discusses the Nationality and Borders Bill's proposal for differential treatment in the asylum system, focusing on temporary protection status instead of permanent refugee status. The statement discusses the complexities and challenges of managing asylum applications in the UK, focusing on misinformation among migrants and the proposed measures in the Nationality and Borders Bill. The discussion revolves around the effectiveness and ethics of offshore processing for asylum seekers as proposed in clause 11 or clause 10 of the Nationality and Borders Bill. The statement discusses concerns about the Nationality and Borders Bill's objectives and measures regarding asylum seekers, particularly those with ties to the UK. Siobhain McDonagh introduces Assistant Chief Constable Dave Kirby from Derbyshire Police for questioning about the Nationality and Borders Bill's impact on dealing with illegal immigrants. Assistant Chief Constable Dave Kirby discusses concerns about individuals falsely claiming to be victims of slavery to avoid prosecution or gain access to support services. The Assistant Chief Constable discusses the assessment of criminality resulting from gangs organizing dangerous crossings, highlighting the role of West Balkan criminality in exploiting vulnerable individuals. Siobhain McDonagh chairs a session of oral evidence on asylum seekers' impact on local services in Kent County and Westminster City Councils. The statement addresses the pressures faced by local authorities due to the influx of unaccompanied asylum-seeking children and adult asylum seekers. The statement discusses the impact of illegal immigration and rough sleeping on local councils, particularly in Westminster, and seeks clarity on the Nationality and Borders Bill's provisions for asylum seekers and those with no recourse to public funds. Councillor Roger Gough discusses the pressures faced by Kent County Council in managing unaccompanied asylum-seeking children and the challenges related to age assessments. The statement discusses the challenges and responsibilities related to age assessment for unaccompanied asylum-seeking children (UASC) and the potential impact of proposed changes on local authorities. The statement discusses the Nationality and Borders Bill and its implications on distinguishing between asylum seekers entering the UK through small vessels from those evacuated through safe channels. Tony Smith discusses the challenges of illegal migration from France to the UK post-Brexit and the need for international cooperation. The statement discusses the UK's approach to illegal crossings and international relations regarding asylum seekers. The statement discusses the challenges and pull factors for individuals seeking asylum in the UK rather than other European countries. Siobhain McDonagh facilitates questioning of Rob Jones, director of threat leadership at the National Crime Agency, regarding efforts to combat organised immigration crime and smuggling gangs. The statement addresses concerns related to modern slavery and small boat crossings, discussing victim recognition, cooperation with authorities, and collaboration with foreign law enforcement. The statement discusses challenges related to organised immigration crime and the use of social media platforms by smugglers. The statement discusses concerns regarding the Nationality and Borders Bill's approach to illegal entry and its potential impact on migrant safety and organised crime.
Action Requested
The witnesses argue that without significant resource allocation, the Bill will not effectively address the broken asylum system. They suggest alternative approaches based on evidence from other countries to discourage irregular migration routes.
Key Facts
- Lucy Moreton is the professional officer for the ISU representing borders, immigration and customs staff.
- Zoe Gardner is the policy and advocacy manager at JCWI, one of the oldest organisations representing migrants and refugees in the UK.
- The witnesses assert that the Bill will not achieve its aims due to a lack of resources and evidence from similar policies elsewhere.
- The Home Office has used legislation aimed at smuggling gangs to prosecute asylum seekers.
- In August, the Crown Prosecution Service clarified that entering the UK through irregular means for asylum claims is not a crime.
- 98% of people on small boats intend to make an asylum claim.
- People in the asylum system face a six-month limbo period before their claims are assessed.
- Recognised refugees would receive only temporary protection status instead of refugee protection status.
- Temporary protection status needs to be renewed potentially every 30 months.
- JCWI client example: gay man from Iran granted temporary protection for six months with reassessment every six months.
- Refugees may be denied family reunification rights under the new proposals.
- The Home Office faces an additional bureaucratic burden in managing repeated assessments and lifting no recourse to public funds conditions.
- The number of asylum cases and backlog is increasing faster than new applications.
- Migrants often have misinformation about the asylum system in the UK compared to France.
- One provision suggests serving individuals with a notice to provide all known information initially, or face limited weight given to late submissions.
- Lucy Moreton states that people fleeing danger often lack immediate funds for safe passage.
- The Australian model of offshore processing has failed as a deterrent according to available evidence.
- Offshore processing in Australia cost €6 billion with no success in deterring asylum seekers.
- Over two thirds of people in Calais are from countries with high recognition rates as refugees in the UK.
- 86% of refugees and displaced people worldwide remain in developing countries neighbouring their home country.
- France received three times as many asylum applications as the UK last year.
- The Home Office's impact assessment suggests that increased security and deterrence could encourage refugees to use riskier means to enter the UK.
- Assistant Chief Constable Dave Kirby from Derbyshire Police gave evidence on the Nationality and Borders Bill.
- The witness discussed the potential abuse of the clause 45 defence by both genuine victims and individuals exploiting them.
- International co-operation with countries like Albania and Lithuania is mentioned in higher level investigations.
- Assistant Chief Constable Dave Kirby is concerned about individuals falsely claiming victim status.
- Recent cases show Albanian gangs exploiting the national referral mechanism for benefits and to avoid prosecution.
- Covert investigations have proven false claims of slavery victimhood.
- Gangs' ability to bring foreign nationals into the UK through dangerous crossings is crucial for their criminal operations.
- West Balkan, particularly Albanian, criminality has increased significantly since 2017 due to stricter law enforcement in Albania.
- Victims of trafficking often face coercion and threats from their captors, preventing them from claiming victim status early on.
- Councillor Roger Gough is the leader of Kent County Council and chairs the South-East Strategic Partnership for Migration.
- Councillor Rachael Robathan leads Westminster City Council.
- Westminster hosts 638 Afghan refugees in one hotel and another 589 dispersed across five hotels, with over a third being children.
- 10% of the current Afghan refugee placements in Westminster are unaccompanied minors.
- Kent County has faced significant pressure from unaccompanied asylum-seeking children arriving through the Channel crossings.
- The Napier Barracks near Folkestone have been used for asylum seekers, causing local pressures and controversies.
- Historically, resources in terms of money have been an issue but changed recently with increased Home Office grants.
- Westminster has more than its allocated number of unaccompanied asylum-seeking children, currently hosting 638 Afghan refugees in one hotel on the Edgware Road.
- The south-east is under-represented in adult asylum seekers compared to regions like the west midlands or north-west.
- Westminster's latest count of rough sleepers was 171.
- Over half of the rough sleepers in Westminster have no recourse to public funds.
- The speaker endorses measures to promote safe and orderly routes for migration, including electronic travel authorisation and sanctions against criminal activity.
- Age assessments involve two experienced social workers conducting interviews and extensive paperwork.
- Doubts raised by Border Force about a person's age can lead to disputes over their status as an adult or child.
- At one point, around half of the young people arriving had doubts raised about their age by the Home Office.
- Age assessments involve significant time and resources for local authorities.
- Safeguarding issues arise when individuals are incorrectly placed into either child or adult settings.
- Local authority responsibilities towards UASC extend until the individual reaches 25 years old.
- Tony Smith has over 40 years of experience in UK Border Force.
- He worked as a director general until his retirement in 2013.
- The speaker notes that channel crossings have been an issue for only the last two to three years.
- The UK and France previously had juxtaposed controls from 2001.
- There are significant challenges with illegal migration post-Brexit.
- French officials have shown some willingness for joint enforcement measures.
- Article 98 of the UN convention on the law of the sea allows for regional arrangements between countries.
- The UK is about fifth in Europe in terms of asylum intake.
- UNHCR has been urging western countries to take more refugees from camps around the world.
- The UK currently takes about 5,000 refugees annually through resettlement programmes.
- English is considered a desirable language for many asylum seekers.
- Communities in the UK offer significant support to asylum seekers.
- 70% of illegal economic migrants crossing the English Channel are males aged between 18 and 35.
- Rob Jones is an operational director at the National Crime Agency with a focus on serious organised crime threats, including organised immigration crime.
- Smuggling gangs began exploiting small boats for clandestine entry into the UK in 2018 due to benign weather conditions and suppressed traffic through traditional border crossings during lockdowns.
- The National Crime Agency works closely with French, Belgian, and German authorities to disrupt smuggling operations closer to home.
- The government has a national system for recognising victims of modern slavery.
- Many individuals who come through small boats are in debt bondage or under family leverage.
- Organised immigration crime is less prevalent on the small boat route compared to trafficking.
- There is an aspiration to push back smuggling operations inland from beaches, involving intelligence-led proactive responses.
- Criminal gangs use false ID cards and clandestine entry methods to return foreign national offenders to the UK.
- Organised crime groups see immigration as a lucrative business opportunity generating significant revenue.
- Social media companies are not cooperating fully in removing content that promotes dangerous crossings.
- The legislation aims to clarify the distinction between illegal entry and arrival.
- There is a risk that measures could encourage people to take even more dangerous routes, according to the Home Office’s impact assessment.
- Organised crime tactics in high-risk clandestine entry to the UK are increasing.
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