Pete Wishart MP: speeches 2025

Speeches

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

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  It is not a holiday; it is a funeral.

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

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  I am struggling to understand this new clause. There are a number of reasons why other countries may not be able co-operate with the UK on immigration and visa cases—it could be political instability, or there could be a right-wing despot in charge—but that impacts on ordinary asylum seekers. Does the hon. Lady not accept that there are a number of political or even administrative reasons why they are not always able to co-operate?

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

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  I was not going to speak to the new clause; I was just going to let the hon. Gentleman drone on, in the hope that we could possibly get away on Thursday morning, but I have been irked to my feet. I am not sure whether I prefer the new loquacious hon. Member for Stockton West. I do not know what he has done about his speechwriting, but I preferred the version that we had last week. That was probably more in keeping with the Conservatives’ contributions to this Committee. This is a horrible new clause, which penalises lower-income workers, deters skilled immigration and harms vulnerable groups. The retrospective nature of some of the provisions is simply absurd, and would lead only to legal challenges and all sorts of administrative complications. The new clause would introduce retrospective punishments, taking ILR away from individuals who had received it under the previous rules simply because a future Government—thank goodness this will never be so—had later decided to raise the bar. People make long-term decisions to buy homes, raise families and contribute to communities based on the stability of ILR. Changing the rules after the fact destroys trust in the whole system. The proposal sets an arbitrary income threshold of £38,700, meaning that a nurse, teacher or social worker—people the UK depends on—could lose their ILR. Many industries, including healthcare, hospitality and retail have workers earning below that level. Are we really saying that under no circumstances would they be welcome? The proposal also ignores economic realities. People face job losses, illness or temporary hardships. Should losing a job also mean losing the right to live in the UK? New clause 32 states that ILR should be revoked if a person has received any sort of “social protection”, including housing support. This would punish people who have worked hard and contributed but who need temporary support due to circumstances often beyond their control. It targets families, disabled people and those facing financial hardship, effectively saying, “If you need help, you don’t belong here.” Skilled workers, investors and entrepreneurs want certainty. If they fear that a downturn in income or a short period of hardship could see them lose their right to remain, they will choose other countries over the UK. As we have also heard, how can this be enforced? Constantly monitoring ILR-holders’ income, benefits and job status would be an administrative disaster; it would be costly, error prone and unfairly target individuals. This new clause is simply cruel. It is unnecessary and unworkable, and I hope that it is rejected out of hand.

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

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  While the Minister is on her feet, could she perhaps ask the Opposition spokesperson whether he actually means hotels?

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

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  I am compelled again to rise in opposition to what is probably the most egregious of all the new clauses that we are having to consider in today’s marshalled groups. The hon. Gentleman has laid some competition before us, but this new clause is by far the most disgraceful and appalling. The Human Rights Act is an important guarantee. It is what makes us good world citizens and provides rights that are universal. It protects fundamental freedoms such as the right to life, the prohibition on torture and the right to a fair trial—and the Tories do not like it one bit. The right-wing nonsense that we heard from the hon. Gentleman is a fundamental departure from the principle that human rights apply universally, not just to those the Government deem worthy. It is a dangerous precedent that undermines the UK’s long-standing commitment to justice, fairness and the rule of law.

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

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  We really cannot let them away with this, because it is just cruelty personified. Would the hon. Gentleman not make every effort and take every risk to return to his country of origin if it were the funeral of his mother or father?

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

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  I do not want to detain the Committee for long with this amendment, but this is just another abhorrent amendment from the warped imagination of the Conservative party. I do not know where they come up with things like this. They would have to be very creative and very cruel to propose something quite like this. The amendment would allow immigration enforcement officers to visit accommodation centres at any time without prior notice. Asylum seekers and other residents at these centres are often fleeing persecution, war and violence and will have suffered severe trauma. The constant threat of unannounced visits from immigration enforcement will create an atmosphere of fear, making it even more difficult for individuals to feel safe. Allowing immigration enforcement to visit any resident at any time is a clear violation of privacy. It undermines their dignity and wellbeing and could lead to harassment or increased surveillance, further marginalising already vulnerable populations. Vulnerable individuals should not be made to feel constantly watched or threatened by authorities, especially when they are seeking safety and stability. The presence of immigration enforcement officers may discourage asylum seekers and migrants from seeking support or reporting issues of abuse, exploitation or trafficking. All this could do is undermine the very support structures designed to help individuals rebuild their lives in the UK. The amendment lacks any clear safeguards or accountability mechanisms for how immigration enforcement would operate, and I urge the Committee to reject it. I hope it rejects the rest of the Conservative party’s amendments, too.

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

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  Just to clarify, I think the hon. Lady is saying clearly that what she intends to do is to take decisions about immigration out of the hands of judges, and leave them in the hands of politicians. Is that her intention?

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

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  I have studied this measure closely. Conditions change within the countries that people leave, and asylum status and human rights records change accordingly. Is the hon. Gentleman trying to say that there is no reason whatsoever that an asylum seeker may go back to their country of origin and then come back to the UK? What about family emergencies? Surely the Conservatives are not so callous as to suggest that people cannot go back to their country of origin for a family funeral, for example.

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

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  I rise to speak to new clause 43 on age determination by the Home Office. The one thing we can agree on with the Conservative Front Benchers is that my new clause could not be more different in objective and tone than what we have heard from the shadow Minister. My new clause aims to uphold a simple yet vital principle that no child should be wrongly treated as an adult, subjected to detention or placed in inappropriate accommodation, as happens right now. The new clause would ensure that the Home Office treats as an adult an individual who claims to be a child only in exceptional circumstances or following a Merton-compliant age assessment conducted by local authority social workers. Furthermore, any decision to treat a young person as an adult would have to be made by an appropriately trained official, with reasons recorded and subject to independent oversight. Where such a decision results in the person being placed in adult accommodation or detention, the relevant local authority would have to be notified immediately. Labour Members are right to have a go at the shadow Minister, but it is imperative that we get this right. This is life-determining and life-shaping for the individuals at the sharp end of these age assessments. The consequences of flawed age assessments at our borders are severe. Recent data reveals that between January and June 2024 alone, at least 262 children were wrongly assessed as adults and placed in adult accommodation or detention, exposing them to significant safeguarding risks including exploitation, violence and even criminal prosecution. It is worth noting that in many cases, those children endure months of uncertainty before being correctly identified and moved into appropriate care settings. Such errors not only violate child protection principles but undermine the credibility of our asylum system. The current process of visual assessment, often conducted at the border by immigration officers, is wholly inadequate. Assessments based solely on appearance and demeanour are inherently flawed and have led to serious misjudgments. International and domestic guidance is clear that age assessments should be undertaken only when necessary and should be conducted using holistic, multidisciplinary approaches, yet that is far from the reality. Concerns about visual assessments have been raised not just by non-governmental organisations, but by the independent chief inspector of borders and immigration, the Children’s Commissioner, parliamentary Committees and the UN Committee on the Rights of the Child. In response to those great concerns, the Government have argued that they are improving the age assessment process through the national age assessment board, and by introducing scientific methods of assessing age—we are back to that debate again. It is important to note that neither of those initiatives has any impact on visual assessments made by officials at the border. Biological methods such as dental X-rays and bone age assessment remain highly unreliable, as medical and scientific bodies repeatedly state. I listened to the hon. Member for Stockton West make great play of saying that that is what all of Europe does, but there are countless cases that the EU and other European nations have got wrong. I can send them to him; he can spend most of the day looking at them. They get cases wrong, just as we do with visual assessments. It is right that in this Bill the Government seek to repeal clause 58 of the Illegal Migration Act, which would have meant that children who refuse to undergo these invasive and questionable procedures are presumed to be adults by default—an approach that runs contrary to any safeguarding principles. The previous Government attempted to justify that policy by highlighting the risk of adults falsely claiming to be children to access benefits and services designed for minors. However, the reality is that the greater danger lies in the wrongful treatment of children as adults, which places them in unsafe environments, denies them their rights and can have devastating long-term consequences. The number of children found to have been misclassified as adults outweighs the number of cases where an adult has falsely claimed to be a child, so we have the balance totally wrong. Crucially, there are greater risks and consequences to placing a child among adults, where there are no safeguards in place, than to placing a young adult in local authority care. It is essential that we restore local authority-led age assessments as a primary mechanism for resolving age disputes. As child protection professionals, local authority social workers are best placed to conduct those assessments in a manner that is thorough, fair and in the child’s best interests. The new clause would ensure that young people who assert that they are children are treated as such unless and until a proper assessment proves otherwise. It also guarantees transparency, independent oversight and accountability in decision making, thereby restoring trust in the system.

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

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  He doesn’t know!

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

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  It is a pleasure to once again to serve under you as Chair, Dr Murrison. When I look at the Tory amendments in their totality, they are quite frankly an absolute and utter disgrace. It is as if the Tories have learnt absolutely nothing from the Rwanda debacle and the Illegal Migration Act 2023. Some of the amendments that we will be debating are simply heinous, lacking in any reasonable standard of compassion and empathy. What a country they would create: one devoid of human rights and international protections, where people are simply othered and deprived of any rights whatsoever. Some of the most desperate and wretched people in the world would be denied and booted out. I used to say that the Tories would never beat Reform in the race to the bottom, but looking at the collection of amendments that we are debating today, they are going to give it their best shot. It is just possible that they will out-Reform Reform colleagues in the House of Commons. The amendments are not only terrifying but ludicrously unworkable—blatant political grandstanding, designed to appeal to the basest of instincts. We have the grim task of having to debate them one by one; I just hope that the Committee will reject them totally out of hand. New clause 25 was raised in a blaze of publicity at the end of the self-denying ordinance from the Leader of the Opposition when she announced her new immigration policy, which I understand has been changed and finessed over the course of the past few weeks, but is still as grotesque underneath as it started. The Conservatives do not believe that British citizenship should be a privilege; they believe that British citizenship should be virtually unobtainable, and that the strongest possible tests must be applied before anybody is ever going to get the opportunity to call themselves a British citizen. That is totally and utterly self-defeating. The provision will apply to work-based visa holders, skilled workers and global talent, who can currently apply for ILR after five years. Extending that period to 10 years could deter highly-skilled workers and investors from coming to stay in the UK. It may lead to workforce instability, particularly in sectors reliant on international talent. It would also disadvantage certain migrants and people who have lived legally in the UK for 10 years but do not hold one of the listed visas. This is an unworkable, crazy proposal that can only be self-defeating and have a massive impact on our economy. It would create a massive disincentive to the very people we need to come into the UK to fill some of our skills gaps. I hope the provision is roundly rejected.

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

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  I am grateful to the Minister for her response to my new clause 43, but a lot of what she claims is in it is not actually there—I hope she accepts that. Those of us who visit asylum seekers in our constituencies will recognise that the determination is probably the most contentious issue that asylum seekers bring to us; it is the thing that perplexes and concerns them the most. They are very sensitive to it being done wrong, and it gets done wrong in both directions, as the Minister said. The number of children found to have been misclassified as adults outweighs quite significantly the number of cases where an asylum seeker has falsely claimed to be a child. Everybody is right that there is no scientific or other method to determine age that is 100% effective—visual assessments certainly are not. Surely, however, the people who are best qualified to make these assessments are people who work with children—whose main business is to make these sorts of judgments about children. That is why we have asked for Merton-compliant age assessments, so that an holistic view is taken of the individual and they are assessed properly by social workers trained to work with children. Surely that is the most effective means to determine these things. I am not saying that we should not use other things, but where the issue is in dispute—perhaps I should have included that in my new clause; clearly, the people sitting in this Committee could not be classified as children—we must get it right. That is so important as we go forward. It is life-changing, dangerous and damaging to be misclassified. As I said in my initial contribution, this is not an immigration issue, but a safeguarding issue. We must get it right. That is why I will press my new clause to a vote as well. Question put, That the clause be read a Second time.

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

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  This afternoon seems to be a bit of a Lib Dem fest because of the new clauses tabled by the hon. Member for Woking. There is nothing wrong with that; in fact, I very much approve of this new clause. To the hon. Member for Weald of Kent—I do not like to rebuke her, because that is not the sort of Member of Parliament I am, as you will know, Dame Siobhain—I say that so many people come through the health and care route because there is real need in the whole system. We need people to come and make sure that someone has those jobs. I challenge her to visit the NHS establishments in her constituency and find out the real difficulties that many health professional managers have in securing the staff they require. This new clause is a practical suggestion to deal with a real issue in our immigration system. It is unfair that those who come to do some of the most demanding and low-paid jobs in the UK are forced to pay that charge.

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

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  We know those jobs are underpaid, and that is why so few people in the general community whom the hon. Lady would class as British-born are prepared to do them. We are dependent on people coming to our shores to do those jobs, and our health service would fall apart if they all decided to leave. We depend on them, and it is unfair that they have to pay that extra and excessive charge. I hope that the Government will look at this new clause, because I think it is reasonably good and one of the few that would make a significant and practical improvement to the situation.

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

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  I beg to move, That the clause be read a Second time.

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

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  I am not entirely sure what point the hon. Gentleman is trying to make. I think jobs being available for ordinary Scots is the general thrust of his argument and debate, but I would just challenge him to go and speak to people who are actually working and serving in the care sector—people in the NHS. If he is really interested, he could come to my constituency and speak to those in rural sectors, and in hospitality and catering, who cannot get the people to staff their businesses, which is forcing them to close, or to open part time. That is the reality of the situation, and here we have, sitting in these hotels, people who could do these tasks and functions. Not only that, but some of them are accountants, doctors and economists. The range of skills available in each of these hotels is quite outstanding. They speak perfectly good English. All of them could do these tasks. I think it is just such a waste that they are doing absolutely nothing other than waiting the months and months—possibly even years—for their applications to be processed by this Government. I know this Government have improved on what was happening under the Conservatives, but there is still a long way to go before we are anywhere close to an efficient system in which people are having their applications processed readily and quickly. Therefore, I support the new clause; I think it is a good one to bring forward, and I really hope that the Government listen.

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

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  No, I will correct her and then she can come back on that. Scotland hosted 5,086 refugees receiving support from local authorities. That represents 8.3% of total asylum seekers. The population of Scotland accounts for something like 8.8% of the total population of the United Kingdom, so we are hosting almost the same number as our population share—that is quite remarkable given the distance Scotland is from where most of the asylum seekers come in. We have a proud record of supporting asylum seekers. Not only do we have our fair share when it comes to hotels, but we give free travel to asylum seekers in Scotland—something we are very proud of. I am happy to give way to the hon. Lady if she wants to come back on that, but I do not know where she is getting her figures from.

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

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  I am sure the hon. Gentleman and I will have the opportunity to discuss these issues in the future of this Parliament and I very much look forward to that. I did not hear anything at all from the Minister about anything to do with the quite stern rebuke to this Government from the United Nations High Commissioner for Refugees in its written evidence. It is concerned that this measure drives a coach and horses through the UK Government’s commitments to certain sections of the various conventions. Is the Minister even slightly embarrassed about what has been presented to them? This is a nasty, pernicious move by this Government, and it is not particularly in the spirit of what they are trying to achieve with the Bill. It is a continuation of the ethos of the previous Conservative Government. It even introduces through the back door certain aspects of the Illegal Migration Act that we are very keen to move on from. I hope that the Government reconsider this measure, and I will certainly be testing the Committee with a vote on the new clause. Question put , That the clause be read a Second time.

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

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  I wholeheartedly back the hon. Member for Woking’s new clause; I thought about tabling it myself, but he beat me to it. It is sensible and should be supported by the Committee—mainly because it is an utter waste that people with huge skills are languishing in hotels doing practically nothing all day. We host a number of asylum seekers and refugees in hotels in Perth, and I go and visit them. Can I just say to the hon. Member for Weald of Kent that Scotland more than has its share of the general number of asylum seekers across the United Kingdom? I do not know where she has got her figure from.

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

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  I rise in support of the new clauses, particularly new clause 18. There have been a number of references to ECAT throughout our proceedings. New clause 18 would give clarity and ensure that we are properly engaged in all the provisions of ECAT. It is designed to ensure that those caught up in human trafficking are protected, and that Governments do everything they possibly can to ensure that people are cared for and looked after. I fully support this important new clause.

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

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  I remember saying on Second Reading that this Government were carrying on in the vein of the Conservatives. Doing something so all-encompassing and denying as this is probably worse than what the Conservatives would ever produce. They did not conceive anything like this. They are capable of having the warped imagination that produced the Rwanda Bill, but they did not even come close to something like this. As well as being a privilege, surely British citizenship should be available. What the Government are doing with the change to the good character reference is denying all asylum seekers and refugees the slightest opportunity to become a British citizen, except in narrowly defined circumstances, as the Minister pointed out. What about all the things about cohesion, and giving people opportunities? I thought that was the British spirit. I am a British citizen. It is not a particular definition that I want to hold on to for much longer, but I am a British citizen. To me, it strikes me as just not British to deny a whole swathe of people in this country the right to achieve that status.

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

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  I trust everybody enjoyed the five-course banquet we had in the 20 minutes available to us. I apologise if I seemed to be unnecessarily detaining the Committee and depriving them of a good and solid lunch; we will make sure that that does not happen again, Dame Siobhain. It was with a gasp of astonishment that we learned of this Government’s intention to change the nationality good character requirement guidance—it came totally out of the blue. I think we are all still reeling a little bit, thinking about what this involves and what is at stake. It establishes a new standard that individuals who previously entered the UK illegally or without valid entry clearance, particularly in what is described as a “dangerous journey”, will now be refused citizenship. That is a huge departure from previous practice, where illegal entry was typically considered a barrier to citizenship only if it had occurred in the past 10 years. Regardless of how long a person has lived in the UK, their mode of entry could now be used to deny them the right to naturalise. This policy has been implemented without prior consultation or parliamentary scrutiny—it is going to get a little bit this afternoon, but that is only because we have brought the issue to this Committee—and that raises serious concerns about its fairness and legality. The majority of refugees arrive in the UK through irregular routes; safe and legal pathways remain extremely limited, as we learned in the previous debate. By effectively banning these individuals from citizenship, this policy risks permanently disenfranchising those who have sought protection in the UK and who have built their lives here. We already heard from the United Nations High Commissioner for Refugees, which wrote to the Committee to say that the decision to deny citizenship based on mode of entry contradicts the UK’s commitment under international law, particularly article 31 of the 1951 refugee convention. This article’s non-penalisation clause states: “The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.” The denial of citizenship based on how someone arrived in the UK is a clear penalty, which goes contrary to the convention. The UNHCR notes that it previously highlighted in its legal observation on the Illegal Migration Bill 2023 that restricting access to citizenship under section 31 to 35 of that Act would constitute a “penalty under Article 31 of the Refugee Convention and be in breach of that provision. It further stated that the provisions ran counter to Article 34 of the Refugee Convention and Article 32 of the 1954 Convention on Statelessness which requires States to ‘as far as possible facilitate the assimilation and naturalization of’ refugees and stateless people”. Despite the proposed repeal of these provisions, updates to the nationality good character requirement guidance issued in February 2025 appear to reintroduce similar barriers, further restricting pathways to citizenship for those affected. In addition, the policy change is likely to deter many from applying for citizenship altogether, given the high costs involved and the lack of an appeal process in case of refusal. Even if the guidance states that an exception may be made, which I am pretty certain is what the Minister will tell me, those who would be likely to obtain citizenship due to their personal circumstances will be deterred from applying. Currently, a naturalisation application costs £1,605, with an expected increase of £1,685. That financial burden, combined with the uncertainty surrounding the application process, creates significant barriers for refugees and stateless persons who would otherwise seek to integrate fully into British society. The application of the policy will go beyond individual applicants. Citizenship is a key factor in social integration, providing security, stability and full participation in civic life, including the right to vote in general elections. Without access to naturalisation, many individuals who have lived and worked in, and contributed to, the UK for years—if not decades—will remain in a precarious status. Although the Home Office guidance allows for some discretion in decision making, it provides no real criteria on how that discretion will be applied. The lack of transparency makes the process unpredictable and risks creating a system where citizenship decisions are inconsistent or arbitrary. The changes also highlight the broader issue of immigration law being shaped through administrative guidance rather than through democratic scrutiny, which is our role as parliamentarians in this House. By changing the interpretation of the statutory good character requirement without parliamentary oversight, the Home Office has effectively reinstated elements of the Illegal Migration Act 2023 that were meant to be scrapped through this Bill. The lack of accountability is deeply concerning. Granting citizenship is a key step in ending an individual’s status as a refugee or stateless person. It also benefits the host country by fostering economic, social and cultural integration while promoting social cohesion. Restricting access to citizenship undermines those objectives, and that is why I tabled this new clause.

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

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  I think the hon. Lady and I will have to trade these statistics privately, because the figure I have is 5,086 receiving support, and that is from the Office for National Statistics. That is where I got my figures.

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

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  No, I am not going into this. I know that we are testing Dame Siobhain’s patience, so we will discuss this privately and might come back to it at another date. As well as it being the right thing to do, this new clause would also let us use the skills available to us by giving people the opportunity for employment. The people I have met in some of the hotels in Perth have brought a whole range of skills that would be easily utilised by the community in which they are placed. It makes sense to take this change forward. In the new clause, the Liberal Democrats suggest that work should be available three months after an application is made. That might be a little bit generous. If I was drafting the amendment, I would go for the six months that has been generally agreed with the all-party groups. I think that what we have done is introduce this issue as a debate item, and I congratulate the hon. Member for Woking for that. It is something that should be seriously considered. There have been a number of questions at the Home Office about this and from a number of Members—not just from the Liberal Democrats and the Scottish National party but from Labour. I know that we have quite a compliant set of Labour MPs on this Committee, but a number of them have raised this in debates and in questions.