Chris Murray MP: speeches 2025

Speeches

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  Because the Bill is about border policy and asylum policy, which have very little to do with visas, migration and the running of the immigration system. I do not think this Committee is the place for it, but I am learning that people sneak amendments in wherever they can in this place. The new clause refers to the granting of visas “to enable certain workers to work in Scotland only.” First, let us be clear: that is absolutely a part of our immigration system. An international student who wants to study at the University of Edinburgh, or Queen Margaret University in my constituency, gets a visa to that university. I suppose they could commute from Worthing or Dagenham, but in reality they live locally. Equally, when people get a job, they get it on the basis of a specific role, so it is tied to that location. The immigrants we currently have in Scotland are obviously allowed to move around the country, as we have free movement within the UK, but we already have the component of their job location, so the new clause is completely irrelevant. Secondly, we have had some international examples of a federated country or state introducing a specific visa system, such as Canada and Australia, and 20-odd years ago we had the Fresh Talent scheme in Scotland. The evidence is that specific systems are not very effective at either achieving the aims they set out or tackling any of the deep-rooted challenges that the hon. Member for Perth and Kinross-shire alluded to. All the evidence shows that such schemes are not the right tool to address those challenges. To come to some of the points the hon. Gentleman made, we have to be honest about the challenges we face in Scotland. Even in this era of record-high net migration to the UK, the figure for which is 900,000—way higher than the goal the Conservatives set—parts of Scotland still struggle to attract migrants. When we had access to European free movement, or 300 million potential people to come and fill vacancies in our labour market, we did not attract them. We have been talking about demand and supply and migration, but the problem is not the supply of immigrants coming to Scotland. It is that we are not generating the demand for them to come to our part of the UK. That is what we need to work on. The reason for that is the Scottish labour market: it is not dynamic or attractive enough to solve the challenges we have. I would argue that after 20 years of the SNP Scottish Government running our economy and leaking our taxes, that is the cause of our challenges.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  On the timing of this measure, does our experience not show us that it is better to do these things in advance rather than later, when migrants come out of the woodwork having been let down? That happened with the Windrush experience.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  I do not think it is the state of the Scottish health service that is attracting people to Scotland. Other Members are seeing what it is like dealing with the Scottish nationalist party. To a man with a hammer, every problem is a nail. To the SNP, the solution to every question is Scottish independence, or some specific Scottish legislation. Where there are specificities in Scotland, such as our health service and some of our labour market, there absolutely should be action from the Scottish Government to deal with it. However, this problem is not that. The issue is not that Scotland needs to become independent to attract people. We need to reform our labour market so that we can deal with the demographic issues. The hon. Member for Perth and Kinross-shire makes the point that people are coming to Scotland now, but once again the SNP is making the mistake of seeing all of Scotland as some monolithic whole, rather than trying to think about what is happening in Scotland. My constituency of Edinburgh East and Musselburgh is seeing record population growth, at 15%, and it is 20% in the East Lothian part of the constituency. We are struggling to put in houses because we are so attractive and wonderful. But other parts of Scotland are not finding that. The hon. Member for Inverclyde and Renfrewshire West is present, and there are serious challenges in Inverclyde as population is declining. We are seeing a move in Scotland from the west coast to the east coast, as Scottish people move about, and we are also seeing international migrants focusing on certain parts. Some areas have vacancies, especially the highlands and the north of Scotland, because moving there is not attractive to people within Scotland. A Scottish visa could end up with everyone moving to Edinburgh, which would not at all solve the problems that other Members in the room face. I made the point at the beginning that if we want to use migration to solve our demographic challenges, we are falling into the same mistake as the far right: we are forgetting that migrants are people. They are not just cogs that we put in a machine to be placed in and taken out at will. They are people who grow old, get sick, fall in love, move around and do stuff. We do not suddenly put people in and find that we have solved our demographic challenge. There are whole sets of things that we have to do. Most of all, the main point is that this is a debate that the hon. Member for Perth and Kinross-shire and I need to have at length over the course of this Parliament, not as part of the Bill.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  Does the hon. Gentleman accept that it is the same dynamic as the Rwanda programme? If we are offering only 1% of people safe routes, it is the same as saying to 1% of people that they will be sent back. The impact on those people’s decision making is exactly the same.

• 13 Mar 2025 · Border Security, Asylum and Immigration Bill (Ninth sitting) · Hansard source

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  It is a pleasure to serve under your chairship, Dame Siobhain. I have listened with interest to the points made by the hon. Member for Perth and Kinross-shire. We need to go back to the evidence we heard from the researcher from the Migration Observatory who I keep quoting. He said that demand for channel crossings is essentially “inelastic”. The hon. Gentleman is predicating his argument on tackling the demand side of the equation. We have been told by the experts that policy will have only a limited impact on the demand, and that is particularly salient when we think about safe routes. The hon. Gentleman is quite correct; we already have safe routes in this country. We have the Afghan scheme, but because that is not available to everyone from Afghanistan, some of those who are not eligible come across on unsafe routes. Although the Ukrainian and Hong Kong schemes are not specifically refugee schemes —they are analogous, I accept that point—they are open to a much broader cohort of people. There are some 254,000 Ukrainians and 120,000 Hong Kongers in the UK right now. Those figures are off the top of my head; I am ready to be corrected. It is because of the comprehensiveness of that safe route that we see such high numbers in the declines in the channel. If we followed the hon. Gentleman’s advice, we would fall into the same logical trap as the Conservatives did with the Rwanda scheme. With Rwanda, the so-called message to the migrants was, “Don’t get on a boat—there’s a 1% chance that you’ll be sent to Rwanda.” First, it was not credible. Secondly, it clearly had no impact on people’s decision making. The hon. Gentleman is proposing that we say, “Don’t get on a boat—there’s a 1% chance that you can come in on a safe route.” I would argue that that would have the same impact on people crossing the channel. The only way we could have a safe routes phenomenon would be to open them to a select group of people from a select few countries. That would basically be deciding who we thought was the most deserving and who was not, which is not how the refugee system should work. People’s cases should be judged on their merits and on individual circumstances. People can come from ostensibly safe countries but face things such as LGBT discrimination. People could be from a country at war but ineligible because they are one of the perpetrators of that war. We need to judge people on their cases. Finally, the hon. Member for Perth and Kinross-shire said that safe routes are the only way to stop people getting on boats and freezing in the channel. Let us be really clear: that is the whole purpose of the Bill. However, the channel crossings are a new phenomenon. They were not happening five or 10 years ago, when we did not have safe routes either. The way to tackle people getting on those boats is by tackling the supply of boats and ways to cross the channel by tackling the gangs. Safe routes may have other values, but not for the purposes of stopping channel crossings.

• 11 Mar 2025 · Border Security, Asylum and Immigration Bill (Seventh sitting) · Hansard source

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  Does the hon. Lady accept that there is a fifth option? Just because someone does not have the right to be in the UK, it does not mean that they do not have the right to go to any other country in the world. The programme of voluntary returns, which massively went down under the Conservatives but has gone up massively under this Government, is part of the solution to that.

• 11 Mar 2025 · Border Security, Asylum and Immigration Bill (Seventh sitting) · Hansard source

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  Is my hon. Friend also aware that under the previous Government, the Home Office tried to secure additional detention estate for asylum seekers but catastrophically failed to do so? For example, at Northeye, they spent hundreds of millions of pounds to secure the site—far more than the previous owners had paid—yet found that it had contaminated ground and could not be used, and the Bibby Stockholm in Dover closed very swiftly after opening.

• 11 Mar 2025 · Border Security, Asylum and Immigration Bill (Seventh sitting) · Hansard source

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  Like the Safety of Rwanda Act clause, this clause is an inevitability, because it was clear from the outset that these sections of the Illegal Migration Act were never going to work. I know that the Conservatives tend to think that everybody who works in the migration sector set out to thwart their plans at every turn, but that is not the case. I was working for the strategic migration partnership in Scotland when the Illegal Migration Bill was introduced two years ago. I remember sitting down with local authorities, the police and other key stakeholders to look at the legislation, and all of us collectively said, “How is this going to work? This is never going to be feasible in reality.” I draw people’s attention to one component of the Act that is being repealed, which brings its failure to the fore. The IMA placed on the Home Secretary a duty to remove that applied to all asylum seekers regardless of their case. For anyone under 18, the duty to remove kicked in at the age of 18, but when we were working with local authorities, unaccompanied asylum-seeking children came across and sought asylum in this country. These children are among the most vulnerable people in the world. They have lost their loved ones, they are on their own and they are in a strange country. In the UK, we have a national transfer scheme to disperse them around different local authorities. I worked with the officers who were trying to help those children to get themselves together after a really traumatic experience. The Illegal Migration Act meant that, at the age of 18, in theory those people would be eligible for immediate removal. What does the Committee think that did to those children in terms of their attempts to secure any services, learn English or get any education? It made it impossible for them and it had a direct impact: they did not leave the country, but they disappeared. Some of them are probably out there being exploited right now, as a direct consequence of clauses in the Illegal Migration Act. The Act did not just put those children at risk; it put incredible pressure on overstretched local services around the country. For the previous Government to set out to use immigration legislation to put further pressure on overstretched local services was only going to have negative consequences in communities, and it should never have happened. More broadly, the duty to remove, which this clause repeals, essentially shut down the asylum system and created what IPPR has called a “perma-backlog”. We have talked about deterrents and incentives, but I do not see any greater incentive for someone seeking to exploit the asylum system in this country than shutting it down overall, which is what that duty to remove did. It created a vicious circle, which frankly was bad for asylum seekers themselves, because genuine refugees had to spend years in hotel accommodation, which is not a particularly nice thing to do, and for the taxpayer in the UK, because costs soared from £18,000 per asylum seeker per year in 2019 to £47,000 in 2024. It was also bad for communities, because people could not be moved through that process, which clearly put pressure on an already febrile immigration situation. It is good that we are repealing this duty; as I said, it was inevitable, because it was never going to work. Finally, I understand the points that the hon. Member for Perth and Kinross-shire made about human trafficking. It is really important that we offer the victims of modern slavery proper protections, especially when they are forced to commit crimes in the course of being trafficked. This legislation does not completely take that power away, but again, I have to draw on my experience of the last couple of years. There was an increase in the number of exploiters—those who were perpetrators of trafficking—using the trafficking system to evade prosecution. I worked closely with Police Scotland and the Crown Office, including in the Perth and Kinross council area. We saw, particularly in the Vietnamese community, the growth of that development. We must not see the world in black and white. I am by no means saying that every victim of trafficking is somehow an imposter and we must stop them getting any protection, but it is happening, so it is proper that we keep the clauses in place so that we can tackle that. If we do not have that component, the system will break down. Just as we saw with the asylum system, if we do not have clauses to make the system functional, it will break down and everybody loses.

• 11 Mar 2025 · Border Security, Asylum and Immigration Bill (Seventh sitting) · Hansard source

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  But they could.

• 11 Mar 2025 · Border Security, Asylum and Immigration Bill (Seventh sitting) · Hansard source

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  It is a pleasure to serve under your chairship, Mr Stuart, especially after we have had such an interesting debate with some very thoughtful contributions. I will respond to some of the issues that have been raised. My hon. Friend the Member for Bournemouth East mentioned that I keep quoting Peter Walsh, and I am going to again, because the point he made in the evidence sessions was one of the most critical points on immigration policy in Britain overall. He said that demand for Channel crossings is “fairly inelastic”. The demand will not wax and wane hugely in response to Government policy, which tells us that deterrence will have only limited use. That is the conceptual flaw at the heart of the Rwanda plan. It put all the country’s cards and money on a deterrence-only approach. Deterrence has to be real and believable, which the scheme clearly was not. I listen closely to what the hon. Member for Perth and Kinross-shire says about the role of deterrence in migration policy. The exchanges we are having are helping to clarify the thinking. It is clear from the Bill that deterrence can only ever be a component. We must focus on the supply—the ability for people to cross the Channel—and not just the demand. That requires the measures in the Bill, but also diplomatic work and upstream work. The repeal of the Rwanda legislation was inevitable and written in the stars from the very beginning of that hare-brained scheme. Before it passed, the European Council on Foreign Relations said that the scheme was doomed to failure and a “floundering disaster”, because it was unlikely to deter illicit migration, it would damage the UK’s standing in international law, it would endanger refugee lives and it would come at huge financial cost. Every single one of those predictions came to pass, so it is no surprise that we are having to deal with this today. I would also say that it presaged the Conservatives going down in an historic election defeat, so it was clearly a failure politically for them as well. On the point about removal to third countries, before we left the European Union, the UK had the capacity to remove people to safe countries in the EU that they had travelled through. The Conservatives manifestly failed to avail the country of that power we had, and then failed with the Rwanda system. Clearly, the Conservative track record on third countries is very poor. There is a component in the immigration system for people going to third countries when they have no right to stay here, which is something we need to look at further ahead. The hon. Member for Stockton West made reference to the Albania relationship and returns increasing to Albania, as if that somehow proves that the Rwanda scheme would have worked if we had just let it take its course, but it is a completely spurious parallel. The returns to Albania happened before the communiqué was signed with Albania, so the two are not related—perhaps he was arguing that the prior readmission agreement was the variable that led to the increase, but it came after the spike, so it cannot be held responsible. The Albania agreement was not just about illegal immigrants; it also included a huge number of foreign national offenders—a different group of people entirely. It was also about people from Albania returning to Albania, not third-country nationals. The idea that the Albania scheme is somehow an alibi for Rwanda can be completely rejected. That is not actually the point, however, because the Rwanda scheme would never have worked at the scale required, even if it had been able to work at all. The Minister was correct when she talked in her initial remarks about the interaction between the Illegal Migration Act and the Safety of Rwanda Act. That meant that nobody was getting processed, so the country ended up with a perma-backlog of asylum seekers with nowhere to go; they could not return to the country they came from through a voluntary returns agreement or be recognised as refugees. The Rwanda scheme would never have worked at a meaningful scale, and it would never have been able to deal with the backlog. We were on track to having to take over half the hotels in the country to accommodate asylum seekers. We can have a debate about how best to manage an asylum system—voluntary returns, swift processing, meaningful decisions and removals are clearly components of that—but we can surely say in debating this clause that the Rwanda Act was not the solution. Some £240 million of our constituents’ money was wasted on the scheme, which the hon. Member for Perth and Kinross-shire was quite correct to call “crackpot”. Passing legislation to assert that reality is not what it is will never be an effective way to govern anything, never mind the asylum system, so I am pleased that the Act will finally be off the statute book.

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Fifth sitting) · Hansard source

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  Does the hon. Gentleman accept that, if his amendment 5 were accepted, someone could orchestrate a boat crossing the channel, throw a child off—which this measure is trying to prevent—and then, when they arrive on the shores of the UK, just say, “I am an asylum seeker”? That would be an obstacle to any prosecution. The only way we could get over that obstacle—even if the person were French—would be for them to go through the entire asylum process. They would be placed in a hotel in one of our constituencies and, given the huge backlog we have, it would be almost two years before we are able to prosecute them.

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Fifth sitting) · Hansard source

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  I take on board the hon. Gentleman’s point, and I can assure him that no one has higher respect than I do for the organisations that have supplied such evidence. I have been in conversations with them myself. The issue at hand here, however—I know this from having worked in the sector—is that they are not set up to stop the gangs or take through criminal prosecutions. That is not their objective. Their job is purely, and properly, to protect migrants. They will lean towards a broad definition, and that is why I think he has inadvertently fallen into a trap. In excluding everyone from the provisions, we avoid the traffickers, but it is not the job of those organisations to target them.

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Fifth sitting) · Hansard source

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  I thank the hon. Gentleman for his intervention, but I am afraid I completely disagree with him on what this Bill is doing. Being an asylum seeker is a self-declaration. It is anticipatory. Someone just declares themselves as one; the system later ascertains whether that is correct and whether they are a refugee. He mentioned earlier that the refugee convention does not penalise people for the mechanism by which they enter; he is quite correct, but that is not a blanket immunity from any criminal act committed in the process.

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Fifth sitting) · Hansard source

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  It is a pleasure to serve under your chairmanship, Mr Stuart. My hon. Friend is making a really important point: these cross-channel operations and strategies are more diplomatic than they are legislative. Does he agree that, because the UK is unusual in that our Border Force is not a police force, whereas the French police aux frontières, the Belgian police and all other European border agencies are police forces, we have very different kinds of operations and structures, and this work needs to be done gently, through diplomacy and not through amendments to legislation?

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Fifth sitting) · Hansard source

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  It is a pleasure to serve under your chairmanship, Mr Stuart. I will make a couple of points about the amendments to the clause, and the clause overall. I have always been frustrated that people from both left and right make the same mistake on immigration policy—we forget that immigrants and asylum seekers are people. That means that, just like any group of people, they vary: some are entirely innocent and exploited, and some seek to exploit others and are criminals. We need to make the distinction between those groups. Amendment 5, tabled by the hon. Member for Perth and Kinross-shire, makes some important points, and my hon. Friend the Member for Clwyd East is right about the passion and compassion that drive the amendment. I absolutely recognise, support and understand that passion and compassion, but we must be clear-eyed about the reality of what is happening in the channel. Yes, people are in great danger, and they are the most exploited, most vulnerable people, but they are not there by accident. They are not panicking because they have stumbled by accident into the boat. There is a large, extremely organised, extremely well-financed criminal enterprise putting them in that position and it does not care one bit whether they live or die. We need to be able to draw a distinction between the vulnerable people who are in that situation and the people who are putting them there.

• 6 Mar 2025 · Border Security, Asylum and Immigration Bill (Sixth sitting) · Hansard source

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  I want to make just a couple of points on the seizure of phones. We have to be incredibly realistic about the threat that the country faces and how these things are organised. We have seen people-smuggling networks and trafficking networks developing in complexity and scale. It does not start in France; it goes all the way through European countries—our allies—and then through countries that are very difficult for us to engage with, including some countries that are at war and some that are hostile states. The evidence from the National Crime Agency is very clear that the networks are organised by phone, and that that is the primary means by which these criminals orchestrate them. We know that they are evolving, so it is really important that we give officials the power to seize those phones not only to understand where these smuggling networks are coming from, which is the only way to intercede and save people in unsafe vessels, but to disrupt those networks later. We heard a whole set of arguments earlier about the insufficiency of deterrents in stopping sea crossings. Professor Walsh from the Migration Observatory was really clear that the demand is inelastic. No matter how many deterrents we introduce, there will still be some demand rising to meet them. That is why disruption is so important, which we can only happen if we have the ability to seize those phones. There is a really important distinction between targeting the demand and targeting the supply of the ability to cross the channel. On the point about whether the powers are applied on a blanket basis, they are not. The Home Office is clear that there will be statutory guidance. The people who seize these phones will be subject to the same rules that are already in place on the handling of material seized from any individual, and they need those powers. The point about family life and private life is absolutely fair, and it applies whenever someone’s phone is stolen, which is a wider debate that we have in society. The truth is, there is no capacity to only seize part of someone’s phone. We cannot seize only some data and not detect, for example, private text messages or family photographs. It is proper that the Home Office officials who seize such data are subject to the rules that we have in this country about protecting the data and returning it when it is decided that it is not required, but we cannot separate out different types of data, and we would be throwing the baby out with the bathwater if we did not allow the powers to seize it.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  On that point, the 2015 Act does refer to the Council of Europe protections and its definitions are taken from there. But there is not a clause that says that due regard has to be given—

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  What, then, is the hon. Gentleman’s view of how UKBA functioned? In her testimony, Theresa May said that, where it had that kind of independence, it became “closed, secretive and defensive”, and she had to completely restructure UK border defence because the independence that the hon. Gentleman is talking about actually made it difficult for Ministers to have proper oversight.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  It is a pleasure to serve under your chairmanship, Dr Murrison. I would like to make a couple of points about the amendment. As the Minister set out, clause 1 does not mean that someone who is not a civil servant cannot apply for the role. We have to be careful not to have an old-fashioned view of how the civil service operates. External candidates are increasingly common nowadays as outside specialisms are required by the Government, even for roles that are not particularly senior. Even if an external candidate applies, they will get the support of the civil service. The role compares to Home Office roles such as the independent chief inspector of borders and immigration and the commissioner on modern slavery, who are separate from the Home Office apparatus and often report—especially at the Home Affairs Committee—that they do not get the support and structural backing they need. Clause 1 would obviate that. The commander will also be subject to the civil service code, which is important given the high levels of public expectation for the role. The one difference between this and other directors general, and other senior figures in the Home Office, is that the role is set out in primary legislation. We will thereby create a distinction for the role by passing the Bill. The shadow Minister suggested that we should discuss the suitable qualifications for the role, but the role is very operational so we should be wary of setting out in legislation or in this debate the exact specifications of every task. Finally, we must be careful of the pendulum swinging in one direction with one Government and then, with a change of Government, straight back in the other direction, meaning we repeat the mistakes of the past. When the coalition Government came into office in 2010, Home Secretary Theresa May—now Baroness May—restructured the UK Border Agency, as it was under the Labour Administration. She commented at the time that the UKBA had been structured in such a way as to be so independent that it would “keep its work at an arm’s length from Ministers—that was wrong. It created a closed, secretive and defensive culture. So I can tell the House that the new entities will not have agency status and will sit in the Home Office, reporting to Ministers.” —[ Official Report , 26 March 2013; Vol. 560, c. 1500.] Although we are trying to correct what has clearly gone wrong over the previous 14 years of Conservative government of Border Force, it is important that we do not overcorrect and go back to the situation we were in before, which Baroness May pointed out did not work then.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  Before I was elected and before Brexit, I was the justice and home affairs attaché at the British embassy in Paris. I helped to co-ordinate engagement between the Home Office, the French Government and Europol. I do not know how much the hon. Lady knows about how Europol functions, but it has a lot of operations and is a very busy organisation. It would frequently take us more than three months to arrange a meeting. Would the new clause not put civil servants at risk of breaching the law just because they could not set up a meeting fast enough?

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  The most comparable piece of legislation on this topic in a devolved context is the Human Trafficking and Exploitation (Scotland) Act 2015. That Act does not require a clause that specifies the obligation to respect international law. Those things are implicit in legislation passed by the Scottish Government, even on this topic.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  Does the hon. Gentleman accept that although Commissioner Miekelson is a fictional character, the role was created by statute—by the SNP Scottish Government when they created Police Scotland?

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Third sitting) · Hansard source

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  But in an implicit way, just as this Bill is. There is nothing on the face of the Act, in the way the hon. Member is proposing for this Bill.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Fourth sitting) · Hansard source

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  I apologise for my longer interventions, Mr Stuart; I will try to bundle them all into this speech. One of the most important things that we heard during evidence was from Dr Walsh from the Migration Observatory. He said that demand for cross-channel crossings is essentially inelastic. Even if the price of a crossing doubles, there will still be demand for it; people rise to meet that price. That tells us that deterrence and disruption of the demand alone will never be enough to tackle the horrors that we are seeing in the channel at the moment. We must also disrupt the supply of ability to cross the channel. That is an important part of the Bill, and these clauses go right to the heart of it. On the point about criminalising all asylum seekers, ahead of oral evidence, I read carefully the submissions we have had from organisations I have worked with in the past. I found the testimony of the Crown Prosecution Service very convincing. It stated clearly that in addition to the primary legislation, the CPS will produce guidance that will set out both the public interest threshold and evidential test that it would seek in order for a case to go to prosecution. It was very clear that the kind of hypothetical examples set out by the hon. Member for Perth and Kinross-shire would not meet that threshold. On the point about decriminalising all asylum seekers, to clarify the point I was trying to make in my interventions, during a crossing anyone can declare themselves an asylum seeker. That then breaks down into different categories: someone who is genuinely eligible for asylum in the UK and will, when they go through the process, get refugee status; someone who is genuinely seeking asylum, but will not meet the threshold when they go through the process and will not get such status; and someone who knows that they are ineligible, or might be eligible on some counts, but is engaged in the criminal act of facilitating illegal entry into the UK and putting those other people’s lives in danger. At that moment, it is not possible to distinguish between those people; the asylum process is there to do that. Were we to accept the premise of the hon. Gentleman’s amendment, it would be a wrecking amendment. I know it is not intended that way, but it would in reality be a wrecking amendment to any kind of intervention on a crossing at sea.

• 4 Mar 2025 · Border Security, Asylum and Immigration Bill (Fourth sitting) · Hansard source

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  It is quite interesting to hear the points that the Minister is making, considering the conversation we had this morning about the commander being functionally a civil servant. Although I was never officially a civil servant in the proper sense, from my experience it is really important that senior leaders within the civil service are able to avail themselves of delegation capacities as needed. It can be done for many reasons. It could be a bandwidth issue, where someone has multiple priorities and needs to delegate to someone else because they are not able to be in two places at once—and looking at the responsibilities of the commander as set out in the legislation, there are a lot. It could also be a resourcing issue or because of a conflict of interest. That brings me to the point I was making about this being a civil service role; there need to be proper conflict of interest considerations. That is what we are taking account of here.