Jonathan Brash MP: speeches

Speeches

• 15 Sept 2026 · Immigration and Asylum Bill (First sitting) · Hansard source

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  Q Given the explosion in the number of people claiming asylum since 2021, it is fair to say that it is a widely held public view that a huge number of those are not genuine. This Bill aims to make it less attractive to people who do not qualify for protection. Does it, in your view? Which provisions specifically do you think make it less attractive to people who do not qualify for asylum? Professor Ekins: I am not sure whether the Bill really does make it less attractive for people who fail to qualify. As I have said already, it rightly makes it more difficult for some unlawful migrants, who claimed asylum but whose claim has failed, to stay in the UK by relying on their claimed family connection. There are other grounds on which they may resist removal. The Bill expressly preserves the capacity for foreign criminals to resist deportation on family grounds, for example. The Bill, if enacted and well received, will make it marginally—I do not mean that dismissively—easier to remove some of those people. Major obstacles will remain, though. The provisions you have in mind are perhaps those that concern the recovery of contributions for asylum support. I apologise if I have misread this, but I thought that that would hold regardless of whether one was a genuine refugee. The point is that the Home Secretary would have a power to recover funds from people who have received asylum support. There are limitations there, clearly: they have to have funds to make a contribution, and they cannot be left destitute as a consequence. That may have a modest deterrent effect, but that will hold for failed asylum seekers, including fraudulent asylum seekers—not every failed asylum seeker is fraudulent, of course—and genuine refugees too. But then it is the policy of the Government, rightly so, to deter genuine refugees from attempting to enter the country , certainly by contracting with people smugglers and entering unlawfully across the channel. That provision goes to your question, but I am not sure that it will have much difference in practice. Personally, I do not think that it is objectionable in principle that, if people have funds to make a contribution to the public funds that they have received, they should make it, but I doubt that many people will be in a position to deliver. There is the other aspect though, which we have touched on: the changes that clause 22 will make in relation to the understanding of article 33 of the convention. Those provisions concern people who are genuine refugees; it just means that those genuine refugees can none the less be expelled, even to a country where their persecutors are waiting, if they are a danger to the community or a threat to national security. With respect, I find that provision quite oddly drafted; I am not sure why it is framed in the way that it is. It seems back to front, in a sense. At least the Government, and Parliament if it supports the Bill, will be addressing that provision. It is an important protection that we will not really be able to rely on, because any attempt to remove a person who is a threat to national security or a danger to the community will be predictably blocked by the ordinary operation of human rights law, which the Bill otherwise does not tame. Dr Casey: I agree with Professor Ekins. I do not see the logical connection between the part 2 changes to the application of article 8 and deterring unlawful crossings. As I mentioned, I could see it having a modest to moderate impact, if interpreted according to the spirit of the Bill, on deterring things like overstaying on a visa or breaching a condition of your permission. One of the features of the Bill is that tribunals are directed that a family life formed when your immigration status is precarious or when you are unlawfully present should have little or no weight, respectively. If the courts took that very seriously and that became common knowledge, that might make you think, “Okay, it will be harder to leverage article 8 to stay.” That could have a deterrent effect, but not on unlawful crossings.

• 15 Sept 2026 · Immigration and Asylum Bill (Second sitting) · Hansard source

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  Q I think my point was that, if appealing is the default and virtually all refusals are appealed, your argument that if there was better decision making at the Home Office, that would speed things up— Jacqui McKenzie : Then there would not be appeals. If there was better decision making, there would be far fewer appeals. What I am saying to you is that from my practice, most of what I deal with as appeals should not be appeals. Professor Singer: In the asylum system at the moment, 66% of cases are either accepted on appeal or they are withdrawn—the implication being that the Home Office had withdrawn that case. That is 66% of asylum appeals that could be effectively wiped out if the initial decision was better made. The fact that initial decisions by the Home Office are bad is a fact—you can look at the National Audit Office review of Home Office decision making or the Home Office’s own assessment of the quality of its decisions. That is a fact. If you have a better standard of initial decision making and, in effect, fewer refusals where there should not have been refusals, those cases will not go on to appeal, so there will be fewer appeals. There are going to be appeals anyway; there are always going to be appeals, so we want to have the most efficient and effective system that we can, while making sure that it is fair and follows due process standards that have to be applied when you are making very serious decisions, such as potentially removing people to somewhere where they will be at risk of very serious harm or their life will be threatened. You need to have due process in that place, so what is the best way we can do that? Is it by establishing an entirely new body that is going to need to be staffed and resourced and will need to work out what its rules of procedure are—we do not know what they are; we have no idea how it is going to be—using decision makers who are not legally qualified to decide decisions on some of the most complex areas of domestic law that we have? Do we really think that that is going to speed up decision making?

• 3 Sept 2026 · Building Homes and Renewing Communities · Hansard source

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  Our councils are the front door to our democracy, and after years of damage, too many people have lost faith in what lies behind it. Does the Secretary of State agree that rebuilding strong, trusted local government must be central to rebuilding trust in politics? On the issue of high streets, will she meet me to discuss how existing tools such as high-street rental auctions can be made simpler and easier for councils to use, so that communities such as Hartlepool can bring empty shops back into use?