Paul Foster MP: speeches

Speeches

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

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  Q I will be brief. We have discussed the gangs a lot and the NCA is obviously investigating. Is the NCA investigating a lot of the criminal activity around the gangs and immigration in the United Kingdom itself—not just gangs over in Europe and elsewhere? Also, are there indications that funding for that activity has come through cryptocurrency? Helen Rance: Yes, we would investigate the gangs facilitating illegal immigration within the United Kingdom as well as those outside. Cryptocurrency is one of many methods of funding, which is why we are doing a specific amount of work on the criminal finances used. I am not going to comment specifically on how much is cryptocurrency, but there are many methods, of which cryptocurrency is one.

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

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  Q You have both been heavily and quite vocally critical of the Home Office—more than any of the other witnesses today. One issue we have is that there is a lot of political pressure, and the country is not happy with the current system and with what is happening, particularly with legal migration—some would say that the lawyers are perhaps partly responsible for that, but that is a separate debate. You have also acknowledged that there is a huge backlog in the appeals process and that, a lot of the time, that is the Home Office’s fault. The Government are trying to propose an alternative process for that, which you are also criticising. We cannot continue with the status quo, so what would you both advise doing to speed up the process for both the United Kingdom Government and the individuals seeking asylum? Professor Singer: There are a lot of much more financially effective ways to address the backlog. As was already intimated, a lot of the current tribunal backlog is caused by the fact that initial decision making was paused for a significant amount of time when the Rwanda scheme was being pursued. Once that was opened, there was a huge investment in making a large number of initial decisions on a very quick basis. That was roundly criticised on a number of counts as leading to speed over quality. A number of very poor-quality decisions then went through to the appeal system, leading to the backlog at the initial tribunal system. That can be addressed by not having inconsistencies in the rate of initial decision making in the first place; improving the quality of initial decision making within the Home Office, hopefully leading to fewer appeals; making sure that there is legal aid provision for those who are entitled to it, so that they are not wasting time in the tribunal system; and ensuring that the Home Office uses its review mechanism appropriately. I am sure my colleague can speak to this at much more length than I can, but at the moment initial rejection decisions tend to include a large number of copy-and-paste grounds for refusal. When it gets to tribunal, the decision maker has to go through every single one of those grounds, which is incredibly lengthy. If a Home Office official reviewed that in advance and conceded the grounds that were not arguable, it would speed up the decision-making process within the tribunal system. As I have already intimated, if there really is concern that there are not enough sitting judges in the first-tier tribunal, there is provision to expand the eligibility criteria within the initial system. Surely that would be a much more effective and speedy way to address the backlog than creating a whole new body and system, with its own mechanisms and staffing requirements. Although the stated intention of creating this new body is to address the asylum backlog, in reality, as we can see from the terms of the Bill, the true intention is to give the Home Secretary much more control over the operation of the tribunal system than she currently has. Jacqui McKenzie: I will just add, in defence of lawyers, that we see stories every now and again of a dodgy practitioner here and there, but the vast majority of lawyers are helping. I have a small team of immigration and asylum lawyers. We do about 20 appeals a year, and 18 or 19 are won in the tribunal. None of them should have been anywhere near the tribunal. We work to a very high standard of putting in the evidence—the subjective evidence, the objective evidence, expert evidence, all that sort of thing. We do not take cases where we do not think there is a case. We are not bucking the system in any way. It is so frustrating to see those cases get refused by the Home Office, when they ought not to be. There is then the period of scrutiny called the review, and they get rejected there again. Then people spend another year or two in the asylum system before their appeals are ultimately allowed. Lawyers are actually helping. They are trying to work with the Home Office. There is the Immigration Law Practitioners’ Association, which works with the Home Office. There are Windrush groups that work with the Home Office. I have been part of it. I worked with former Home Secretaries Sajid Javid and Priti Patel on trying to get things right. It is wrong to blame lawyers. We are doing our job, a job we train for many years to do, and we are trying to help the system. But it is a fact that poor decision making and structural problems around legal aid, which mean that we do not have enough practitioners, or enough high-quality practitioners, are causing a backlog.

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

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  It was mentioned in the Committee’s evidence session this morning. Professor Singer: You can look at the most recent decisions from the Court of Appeal; for example, the decision on IA and others v. Secretary of State for the Home Department a few months ago was a very restrictive interpretation of article 8 being applied to deny those appellants the right to family life. I do not see the courts taking a particularly liberal approach to article 8. As I mentioned, we already have a domestic framework in place.

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

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  Q On that point, this morning, the Committee heard evidence from a KC, whose name I cannot recall, who said that the Strasbourg court has indicated that it thinks that the UK is not applying article 8 correctly, and is applying it too liberally—that was not his language; that is just the language I am using. He said Strasbourg thinks that the UK courts have gone too far with their application of article 8. You can see how confusing the issue is. Do you agree that there is great confusion around the application of article 8, and recognise that Strasbourg has indicated that the UK courts might not be doing so correctly? Jacqui McKenzie: I have not heard the Strasbourg courts say that; I have no idea why they would be saying that. Professor Singer: I have not heard that either.