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Nationality and Borders Bill - Sitting 8

21 October 2021

Proposing MP
Herne Bay and Sandwich
Type
Public Bill Committee

At a Glance

Issue Summary

Roger Gale is addressing Clause 10 of the Nationality and Borders Bill, which proposes differential treatment for refugees based on how they arrived in the UK. The statement addresses concerns about individuals who supported UK forces in Afghanistan being left behind during the evacuation from Kabul and potentially facing repercussions due to the Nationality and Borders Bill. The MP discusses concerns about the Nationality and Borders Bill's clause 10, which penalizes refugees who do not seek asylum in the first safe country they reach. MPs discuss the United Kingdom's record in resettling refugees and asylum seekers compared to other countries. The MP criticizes the Nationality and Borders Bill's clause on group 2 refugees, arguing it contravenes the Refugee Convention and imposes harsh penalties without evidence of effectiveness. The statement discusses concerns about a proposed amendment to the Nationality and Borders Bill that would introduce a two-tier system for refugees, potentially breaching international law and harming refugees' rights. MP Paul Blomfield criticizes the Nationality and Borders Bill's clause 10 for creating a hostile environment for refugees and undermining international diplomacy. MP Jonathan Gullis discusses clause 10 of the Nationality and Borders Bill, arguing that it will act as a deterrent for illegal immigration into the UK. The MP discusses the need for safe and legal routes for refugees and supports the Nationality and Borders Bill's clause to penalize illegal entry. The MP is defending the legality of the government's differentiation policy regarding asylum seekers and its alignment with international obligations. The statement discusses the Nationality and Borders Bill, focusing on safe and legal routes for asylum seekers and the treatment of refugees under the proposed legislation. Roger Gale is proposing amendments to the Nationality and Borders Bill regarding accommodation centres for asylum seekers. The MP discusses the accommodation of asylum seekers under the Nationality and Borders Bill, focusing on community dispersal versus institutional accommodations like military barracks. The MP discusses concerns about the Nationality and Borders Bill, particularly regarding accommodation for asylum seekers and oversight of accommodation centres. MP Bambos Charalambous is addressing concerns about the Nationality and Borders Bill's clause 11, which allows for the creation of asylum accommodation centers similar to Napier Barracks. The MP discusses concerns over the conditions and impact of asylum accommodation centres, particularly Napier barracks. The statement discusses concerns about clause 11 of the Nationality and Borders Bill, which proposes accommodation centers for asylum seekers with strict controls on movement and communication. Anne McLaughlin discusses the impact of UK government policies on asylum seekers and refugees in Scotland, highlighting discrepancies between Scottish and UK government approaches. The MP is discussing the conditions of asylum seekers' accommodation and its impact on mental health. The MP discusses concerns about the Nationality and Borders Bill's provision for asylum accommodation, particularly regarding the use of Napier and Penally barracks. The statement discusses amendments to the Nationality and Borders Bill that aim to extend the period of residence in accommodation centres beyond the current nine-month limit. The statement addresses concerns regarding the accommodation of asylum seekers in community flats versus accommodation centres. MP Tom Pursglove defends the government's proposal for accommodation centres for asylum seekers. The statement addresses the Nationality and Borders Bill's clause 11, which aims to establish accommodation centres for asylum seekers and failed asylum seekers. The discussion revolves around Clause 11 of the Nationality and Borders Bill, which amends section 25 of the Nationality, Immigration and Asylum Act 2002 to provide flexibility in accommodation periods for asylum seekers.

Action Requested

Gale does not propose any specific action but highlights concerns about the clause's inconsistency with the Refugee Convention and its potential to create a two-tier system for refugees. He requests that the Secretary of State report on the implications of this section before it comes into force, including financial impacts, affected functions, and outcomes of consultations.

Key Facts

  • Amendment 87 would require the Government to report on Clause 10's implications for local authorities and devolved administrations.
  • The clause aims to differentiate between two groups of refugees based on their mode of arrival and compliance with immigration rules.
  • Group 2 refugees are likely to face limitations in rights, access to indefinite leave to remain, family reunion, and public funds.
  • Concerns are raised about individuals left behind in Kabul.
  • The Nationality and Borders Bill could negatively affect those who supported UK forces.
  • People linked to the MP's constituents are Chevening scholars stranded in Afghanistan with no assistance.
  • The Government's resettlement scheme does not provide safe routes for all those in need, especially women and LGBT communities.
  • Refugees can be penalized or imprisoned for one to four years under proposed changes.
  • 34.4 million refugees and asylum seekers worldwide are hosted mostly by developing countries (86%).
  • The UK hosts just 0.5% of the world’s refugees compared with low-income countries hosting 86%.
  • According to Home Office statistics, the UK ranks 17th in taking refugees per head of population.
  • The UK is ranked mid-ranking in Europe for number of refugees taken per head of population.
  • France takes three times more asylum seekers than the UK.
  • Lebanon has taken 1.9 million refugees from Syria, Jordan 1 million over a decade, and Turkey 4.3 million refugees.
  • Clause 10(6) sets out ways in which group 2 refugees may be treated differently with reduced leave to remain, more limited refugee family reunion rights, and limited access to welfare benefits.
  • 62% of asylum claims in the UK up until September 2019 were from people who entered irregularly.
  • The Home Secretary has broad discretion to set the length of any limited period of leave given to group 2 refugees.
  • The clause would give the Secretary of State power to discriminate against family members of group 2 refugees.
  • Clause 10 represents a fundamental change to the principle of refugee protection in the UK, introducing a two-tier system for refugees.
  • The UNHCR asserts that the core principle is non-refoulement, which ensures a refugee should not be returned to a country where they face serious threats.
  • The UNHCR denounces the Bill as creating an unlawful two-tier system that denies rights guaranteed by the Refugee Convention.
  • Government's impact assessment says evidence supporting the effectiveness of this approach is limited.
  • Germany settled three times as many refugees as the UK according to recent data from the United Nations High Commissioner for Refugees.
  • Jonathan Gullis believes that clause 10 will deter people from making dangerous journeys to the UK.
  • The MP argues that 5,000 people made illegal entry into the country last year.
  • Stoke-on-Trent is the fifth highest contributor to the asylum dispersal scheme.
  • The Bill aims to combat illegal economic migrants crossing the Channel.
  • 70% of those attempting to cross illegally are men aged between 18 and 35.
  • Public frustration with the current asylum system due to long processing times for claims.
  • The differentiation policy is argued to be aligned with the refugee convention and European convention on human rights.
  • France is recognized as a safe country for asylum seekers, making boat journeys across the English Channel unnecessary.
  • Since Dublin III ended, there are no safe routes for people to come to the UK to claim asylum.
  • The government has resettled 25,000 genuine refugees directly from regions of conflict in the last six years.
  • Family reunion has seen an additional 29,000 people come to the UK over the past six years.
  • The clause enables the Secretary of State to potentially treat refugees unequally regarding access to social security.
  • Public opinion polling indicates sympathy towards refugees.
  • Amendment 99 limits accommodation centre capacity to no more than 100 residents and ensures individual rooms for unrelated residents.
  • Amendment 100 introduces a right of appeal against decisions not to provide or continue support under section 17.
  • Amendment 104 aims to distinguish accommodation centres from places of detention by protecting personal freedoms and providing means of identification.
  • Amendment 130 reduces the maximum stay in accommodation centres to ninety days.
  • Amendment 160 requires a report on implications for local authorities and devolved administrations before clause 11 comes into force, with approval needed from both Houses.
  • Stuart McDonald speaks in support of amendment 98 and other amendments.
  • Clause 11 deals with how asylum seekers are accommodated.
  • The Home Office permanent secretary previously stated that using hotels and military barracks is temporary.
  • Amendment 17 calls for an annual report on steps taken to maximize use of dispersal accommodation.
  • Napier Barracks was criticized for poor conditions, overcrowding, and inadequate facilities.
  • Tom Pursglove clarifies that children will not be housed in accommodation centres.
  • Amendment 99 aims to ask the Minister about accommodation centre capacity and living conditions.
  • Amendments 16, 101, and 130 aim to limit stays in accommodation centres to a maximum of 30 days.
  • Section 17 of the 2002 Act is not currently in force but may be brought into effect for accommodating asylum seekers.
  • Clause 11 of the Nationality and Borders Bill allows for the creation of accommodation centers for asylum seekers.
  • The amendment seeks to prevent the replication of inhumane conditions seen at Napier Barracks.
  • Asylum accommodation centers may house up to 8,000 people for periods of up to six months under contracts subject to commercial confidentiality.
  • Asylum-seeking women survivors of rape and other gendered violence are particularly impacted by a lack of privacy in large-scale accommodation.
  • A High Court ruled on 3 June 2021 that Napier barracks' accommodation was inadequate, unlawful under common law and the European convention on human rights.
  • The Home Office's commitment to allow inspectors access to Napier and other sites has been rescinded.
  • Persons held in barracks and hotel accommodation are sometimes prevented from entering or leaving their place of accommodation.
  • Some places of accommodation prevent visitors from entering.
  • Amendment 104 seeks to address inappropriate draconian measures by inserting proposed new section 22B into the Immigration and Asylum Act 1999.
  • Legal action taken against the Government over Napier barracks has shown that existing systems have failed to maintain appropriate safeguards.
  • Shona Robison MSP wrote a comprehensive response opposing the UK Government's stance on refugee integration.
  • The Independent Chief Inspector of Borders and Immigration’s report highlighted issues with Napier Barracks and Penally.
  • Asylum seekers were moved from settled homes to dirty hostels or hotels without proper notice or support.
  • A mother and baby unit was set up in Glasgow where women could only take two carrier bags of goods upon relocation.
  • The MP co-chairs an all-party parliamentary group on refugees.
  • A former Belarusian politician described his negative experience in shared accommodation.
  • He faced severe stress due to daily scandals, dietary restrictions, and lack of privacy.
  • There are concerns about the indefinite nature of such accommodations being similar to detention.
  • Hon. Member for Glasgow North East spoke before this statement.
  • Clause 11 allows the extension of dormitory-style accommodation through new accommodation centres.
  • There was a significant covid outbreak at Napier barracks in January with nearly 200 cases.
  • ICIBI and HMIP reports found inadequate safety, support, and conditions at Penally camp and Napier barracks.
  • Home Office officials could not confirm the number of recent covid-19 cases since reopening.
  • The MOD granted permission to use Napier barracks for up to 2026.
  • An equality impact assessment suggested providing bare minimum support was in the interest of fostering community relations.
  • Amendment 130 seeks to impose a maximum time limit for asylum seekers housed in accommodation centres.
  • Amendment 16 aims to disapply a key part of the clause in the Nationality and Borders Bill.
  • Current legislation limits residence in accommodation centres to nine months.
  • Advisory groups will be established for each centre to provide oversight.
  • The Government aims to house certain asylum seeker groups more efficiently in accommodation centres.
  • Section 33 of the 2002 Act requires the Secretary of State to establish advisory groups for accommodation centres.
  • Napier Barracks is currently considered contingency accommodation, not an accommodation centre.
  • Amendment 99 would undermine the objective of resolving asylum cases more quickly.
  • Amendment 100 addresses misunderstandings about accommodation under section 17 of the 2002 Act versus section 95/98 of the 1999 Act.
  • Amendments 101 and 130 propose a three-month period of residence, which the MP disagrees with due to flexibility needs.
  • Amendment 103 is unnecessary as asylum seekers and unaccompanied children will not be placed in accommodation centres.
  • Amendment 104 is unnecessary because supported individuals will have conditions set out in writing, such as respecting other residents.
  • Sections 40 to 42 of the Nationality, Immigration and Asylum Act 2002 prevent the Government from making arrangements for accommodation centres in Scotland, Northern Ireland or Wales unless they have consulted with Ministers in the devolved Administrations.
  • Clause 11 amends section 25 of the Nationality, Immigration and Asylum Act 2002.
  • The clause provides flexibility to extend or shorten periods in accommodation centres.
  • An amendment to introduce rights for persons supported in Accommodation Centres was proposed but voted down.
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