Tom Hayes MP: speeches

Speeches

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

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  I refer the Committee back to the oral evidence that we heard at the very start of our work. Experts were asked whether they felt that the available immigration data, which could have been improved over 14 years, was robust enough for making strong assertions. Time and again, we heard from experts that it is very hard to make assessments about the net benefit or net cost of immigration flows into our country. Do the Government intend to work alongside the Migration Advisory Committee to improve the quality of immigration data so that we can make such assessments on a more robust footing?

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

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  I want to comment briefly on the speech by the hon. Member for Perth and Kinross-shire. I understand the importance of being sensitive to possible infringements and abuses of international law; indeed, in recent years, we have seen states around the world traducing it. However, I gently say to him—I hope it has not missed his attention—that the Prime Minister is a lawyer and, as a consequence of that background, he is deeply wedded to the law. In most of his speeches and statements, he refers consistently to the importance of the UK being a leader on the world stage by respecting international law. I say that because the Committee has just repealed the Safety of Rwanda Act, which was deemed unlawful by the courts. We have a Prime Minister who deeply respects international law; around the world, we have states and actors who traduce it. Having a Prime Minister and a country that are so committed to it at this point in history is really important. I gently say to the hon. Member that it is important that we are sensitive to possible infringements of international law, but we ought not to overplay the possibility of it happening here in our country, when all the evidence from the last eight months should give us confidence and hope.

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

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  Does the hon. Gentleman acknowledge that there is not a binary choice between, on the one hand, safe and legal routes to the UK, and on the other, getting into a death machine boat to reach the UK? Actually, we could have refugees and asylum seekers who travelled through safe and legal routes to other countries.

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

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  Does the hon. Gentleman agree that it is important, as my hon. Friend the Member for Edinburgh East and Musselburgh was just saying, that we listen to the refugee voice and think more broadly about what asylum seekers and refugees actually want? In a previous life, I worked for an international development charity where I led UK campaigning on safe and legal routes. In so doing I took away a major learning, which is that the UK cannot be overwhelmingly the country that receives refugees and asylum seekers via safe and legal routes. That is in part because the UK alone cannot be asked to shoulder such a large responsibility, but also because many asylum seekers and refugees wish to return home and therefore want to be located in a safe country that is nearer to their home country. Is it not right that we think about this in a broader and international sense, rather than assuming that the UK has to always be the country that shoulders the responsibility, when there are other ways that we can support?

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

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  Will the hon. Gentleman reflect on the statistics that show that around 90% of people crossing the channel are men, and on the fact that men in Ukraine are typically committed to fighting the Russian invasion?

• 12 Mar 2025 · Employment Rights Bill · Hansard source

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  In 2023, BH Live, a company based in my constituency, was named as not paying 130 workers—130 of the lowest-paid workers in my constituency—the national minimum wage. Ultimately, BH Live did make payments, but does my hon. Friend agree that it is wrong for anybody to be paid less than the national minimum wage, and that through the introduction of the new Fair Work Agency we are going to be able to right wrongs like that?

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

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  I want to reflect on where we have got up to. We have moved through the clauses at quite a pace, and that is very pleasing to see. The Bill responds to the requests of operationally and frontline-focused people in law enforcement and border security, and it is an attempt to give them the tools and powers that they need. I particularly wanted to mention that in the context of interim serious crime prevention orders, which we have spoken about in clauses 47 and 48. That cuts such a sharp contrast with what has happened over recent years. In 2022, one Home Secretary introduced the Nationality and Borders Act 2022. At the time, the Government said that that would deter people from crossing in small boats, but it did not. In 2023, another Home Secretary brought in the Illegal Migration Act 2023. At the time, the Government said that that would turn people away from crossing the channel in small boats, but it did not. In 2024, another Home Secretary brought in the Safety of Rwanda Act, which happily we have just repealed today. At the time, the Government talked about the prospect of sending people to Rwanda, and they said that alone would be sufficient to deter people from crossing the channel in small boats. It is no wonder that that failed, too. I wanted to set out how in 2022, 2023 and 2024 we had three separate Acts, which all aimed to do something and failed to do so. They have not delivered what operationally focused people have requested. We really need to look at how, just eight months into this new Government, we are turning the page on our asylum system and giving enforcement powers to the people who need them. We are also tidying up the statute book and ensuring greater co-ordination across the key agencies that can secure our border. I commend clause 48 to the Committee, as I do the series of clauses before it and the Bill overall.

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

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  It is a pleasure to serve under your chairpersonship, Dame Siobhain. I want to dwell briefly on clause 43 because it embodies a significant theme in the Bill: preparing our country for the challenges we face today and those we will face to a greater extent in the future. In that context, it is so important to talk about the risk posed to our country’s security by 3D-printed firearms. I commend the campaigning of my hon. Friend the Member for Birmingham Edgbaston (Preet Kaur Gill), who has done an enormous amount of work on this issue. 3D-printed firearms are a serious threat to our security, and present a new challenge to law enforcement because they can easily be made at home and are untraceable and undetectable. Indeed, files containing IKEA-like step-by-step guides to 3D print firearms at home can be downloaded from the web in as little as three clicks. That is terrifying. If we can tackle that through the Bill, that feels like a significant contribution.

• 11 Mar 2025 · Employment Rights Bill · Hansard source

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  Does the hon. Member agree, as I do, that it is right that 1.3 million low earners who find themselves ill should receive statutory sick pay for the first time? Like her, I represent a coastal seat with a tourist sector, and as a consequence my constituency has a significant number of low earners. Does she agree that we need to be backing them?

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

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  I thank the hon. Member for his patience. Does he agree that he is moving the goalposts slightly to manufacture a political argument that, as he knows, would not be supported by the evidence available? Furthermore, will he look back into history at the record of the last Labour Government? I invite him to comment on their success—I know that he will want to jump at that. In 2004, 85% of people reaching our country were removed through enforced returns; in 2005, 73% were. Where there was a trend of enforced returns, it was actually under the last Labour Government.

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

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  I apologise, Mr Stuart.

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

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  May I start by saying that it is a pleasure to serve under your chairpersonship, Mr Stuart? I am particularly enjoying the opportunity to have these debates in a free-flowing way—while sticking to parliamentary etiquette, obviously. I commend the hon. Member for Stockton West, with whom I have some sympathy. He has been sent here to defend the impossible. I half wondered, when he came in wearing that fetching yellow tie, which I slightly covet, whether he had come to hold his hands in the air, make an apology and perhaps stand on the side of classical liberalism, but no: he stood true to the 2024 manifesto on which he was elected. I hope that in addressing how he would define a deterrent, I will add something new. When I asked him for a definition, he said that a deterrent would prevent people from coming and that it would do so by detaining and removing them. I shall make a case that challenges his assumptions on that basis. A deterrent is a strategy aimed at preventing external actors, targets and adversaries in the military sense from taking unwanted actions. For the Rwanda asylum policy to be a deterrent, the Conservative Government would have needed to achieve certain things: to maintain the capabilities required to deter and be highly resolved to deploy them—as the hon. Member said, to be able to detain and remove—and to effectively communicate their resolve to act. In any communication, one needs to be understood to be highly resolved and capable of following through. For the Rwanda asylum policy to be a deterrent, the Government would have needed to persuade potential migrants of their capabilities and resolve to send them to Rwanda to process their claims after they had illegally entered the country, and to have stopped migrants from paying significant sums of money to smuggler gangs facilitating illegal migration. In short, from what the hon. Member said, it feels as though the principal target of deterrents was migrants. The Rwanda asylum policy was always doomed to fail on those key conditions, because it was not able to achieve detention or removal. On detention, Professor Brian Bell, the chair of the Migration Advisory Committee, told us that the numbers given by the Government “are certainly not consistent with a story of a very significant deterrent effect from the Rwanda Act.” –– [ Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 56, Q84.] Dr Peter Walsh of the Migration Observatory cited concerns about “where people would be detained”, –– [ Official Report, Border Security, Asylum and Immigration Public Bill Committee, 27 February 2025; c. 14, Q13.] as the UK immigration detention system had capacity for only 2,200 people, with roughly 400 spaces free. Moreover, he said that Rwanda would struggle to process more than “a few hundred” asylum claims a year. That takes me to the question of removal.

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

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  I thought I would to and find a moment of humour in the dispiriting debate on this topic. The Conservatives may progress to blaming successful legal and judicial challenges to the policy. The Rwanda policy was, as my hon. Friend the Member for Dover and Deal said, unlawful and deemed to be so by the courts. If they do, His Majesty’s Opposition should confirm whether they respect the independence of our judiciary in adjudicating such challenges on the one hand, and respect the international human rights laws, under which challenges were made and were successful, on the other. That is important, because one of the hallmarks of the new Government is to be lawful and to respect our judiciary. We need to embrace that change. The Opposition could also reflect on the probability of further legal challenges being undertaken because of the human rights concerns about Rwanda, which my hon. Friend highlighted so effectively. Last, the Conservatives may want to blame political challenges for undermining the credibility of their Rwanda asylum policy. In a democracy, it is of course right that Members of Parliament raise concerns on behalf of their constituents—indeed, that is what we have been doing—but the Conservatives overcame those political constraints by passing the Safety of Rwanda Act to address judicial concerns, and they signed a legally binding agreement with Rwanda. So the idea that the deterrent was not able to function because of legal or political challenges is actually farcical, because the previous Government held the cards in their hands. I have heard it said that the Conservatives could have followed the Australian asylum policy, which has been described as a successful model—perhaps it even inspired the Rwanda asylum policy—but there is good reason to believe that UK could not have achieved the deterrent effects of the Australian offshore asylum processing model. Indeed, Professor Brian Bill, chair of the Migration Advisory Committee, said in oral evidence that it was inappropriate to draw comparisons between the Rwanda scheme and the Australian policies. Were we to be generous and accept the view of the hon. Member for Weald of Kent that the Australian policy stood out in the world as being successful, there would be challenges to assessing the efficacy of that policy. As the Migration Observatory at the University of Oxford, an expert and independent institution, has said, there is no compelling evidence to suggest that the Australian offshoring policy was the reason for a drop in numbers of people going to Australia. Put bluntly, if migrants were paying attention to the last Government’s policy, they had no reason to believe that they would be barred from staying in the UK. That takes me to my third and final definition of what would make an effective deterrent. Yes, the state must be understood to be highly resolved to deter, detain and remove, and capable of doing so, but it takes two to tango. Britain can only be understood if asylum seekers are able to understand, which in turn depends on several key factors. It means migrants being able to do at least three things: to pay close attention to the last Government’s actions—I struggled to do that, so I cannot see how asylum seekers would—to stay fully informed about the many twists and turns in the Safety of Rwanda Act asylum policy, which again I struggled to stay abreast of, and to behave as rational actors who weigh up the costs and benefits of action. We have heard in testimony and oral evidence that migrants are typically unaware of Government policy and actions, because they are too busy being asylum seekers and migrants. Moreover, it can be said that there are reasonable grounds to believe that the chaotic and difficult circumstances that they are forced to inhabit prevent them from being the rational actors that they would otherwise be, calmly and objectively assessing the trade-offs between the perceived costs of illegal entry, the probability of those being incurred, and whether those are outweighed by the potential benefits of migration.

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

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  I ask the hon. Member to desist from referring to that report. In oral evidence, I asked two experts whether they thought it was possible to make such assessments on the basis of the available evidence, and they declined. In fact, the author of that report said that the available evidence was fairly lacking in robustness and integrity. When I asked him whether he had considered certain key counterfactuals, he admitted that he had not. Later, in response to my question about whether it was appropriate for MPs to brandish such research, Professor Brian Bell said that it would be “foolhardy” to do so because the report itself made “very brave” assumptions. Will the hon. Member now desist from using that report, given that we are in a democracy, we are striving for accountability and truth, and we should not be using fake information?

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

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  It is an honour to follow my hon. Friend the Member for Edinburgh East and Musselburgh, who, in an outstanding speech, set out the major challenges with the Illegal Migration Act, part of which will be repealed. I want to knock on the head four things that were said by the hon. Member for Stockton West. The first was in reference to section 23 of the Illegal Migration Act 2023. That provision, which the Opposition have talked about, was never implemented by the last Government, so in effect he is opposing a repeal of something that his last Government never started. That feels to me like the worst kind of politics. Between the Royal Assent given to that legislation and the Dissolution of Parliament, 315 days passed, yet no effort was made to implement that provision. Secondly, sections 9 and 10 of the Illegal Migration Act 2023 were, as we have heard, unworkable. They allow people to arrive, claim asylum in the UK, get support, and be put up in a hotel, which as my hon. Friend the Member for Edinburgh East and Musselburgh described, will often be in the some of the most dire conditions that somebody can go through after fleeing some of the worst experiences that people can have, be it trauma, famine, disease or poverty—the list goes on. Applications were not processed, so people were not able to leave their hotel. The consequence of that is not just an expensive asylum backlog, but people living with serious psychological scarring for a significant amount of time. That brings me to my third point. I will talk more about this when we reach new clause 26, which relates to scientific age assessments, but I really do not know how the Conservative party can talk about the welfare and protection of children when we heard oral testimony from the Children’s Commissioner about children who were subject to, and vulnerable to, organ harvesting, rape, sexual assault and disappearance from hotels and into wider society, where, as my hon. Friend the Member for Edinburgh East and Musselburgh said, they are likely to continue to be abused, exploited and victimised. I will make those points when we reach that debate. Lastly, on the point about France, I wish the Conservative party would stop throwing stones at one of nearest neighbours and most important strategic allies, particularly when we are in such a volatile international climate. It is really important that we properly scrutinise legislation, but do not indulge in the petty politics that defined the last Conservative Government, disrupted so many of our international relations, and actually made us less secure.

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

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  I thank my hon. Friend for that important reminder that when the Labour Government took office after our historic win, we inherited an awful mess in our prison system, which was described by independent experts and organisations as near to collapse—so near that there were just a few hundred spaces left at a time when the country was rioting.

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

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  The Illegal Migration Act, which we are discussing under this clause, was put on the statute book by the previous Government, but they did not commence much of it at all. Can the hon. Member explain why that was?

• 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 chairmanship, Mr Stuart, and I promise that I will be briefer. Does the hon. Member agree that the overwhelming trend under the last Conservative Government in the balance between enforced and voluntary returns was in favour of voluntary returns? In fact, in 2023, only 24% of returns were enforced, in 2022, 25% were and in 2021, 27% were. Does he not agree that the trend over the last years has been one of voluntary returns?

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

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  I was trying to count the number of times the hon. Member used the word “deterrent”, and I ran out of fingers. Could he please define what a deterrent is?

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

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  I thank my hon. Friend for those important points. In fact, the Bibby Stockholm was moored just off a place near my constituency in Dorset. I thank my hon. Friend the Member for South Dorset (Lloyd Hatton) for campaigning so quickly and efficiently to have the Bibby Stockholm closed, and I thank the Government for responding so constructively to that request. I agree with my hon. Friend the Member for Edinburgh East and Musselburgh about how we have seen significant challenges to the state’s ability to detain. As a consequence, in one of the two conditions set out by the hon. Member for Stockton West for an effective deterrent, it is clear that the Conservative Government failed. For the next component of an effective deterrent—removal—we need only look at the ultimate proof: who went to Rwanda? What deportations actually happened? I can anticipate some of the ways that the Conservatives may challenge that, so I would like to take them on. First, they may blame this Labour Government for cancelling the policy, without also saying that the Conservative party controlled the timing of a general election that they seemed certain to lose. That they believed they were certain to lose is perhaps why they called the election before they could begin deporting asylum seekers to Rwanda. In fact, the first flight was set to take off on 24 July. If the Conservatives had delayed the Dissolution of Parliament by just 20 days, to 19 June rather than 30 May, the first planes could have taken off. The last Prime Minister could have waited out those 20 days, if he did not have anything else to do. With a zombie Government that were not showing any ambition, if he had wanted to show ambition, he could have spent a nice 20 days watching all 90 hours of the TV show “Lost”. If he wanted to go at a more leisurely pace—and the Conservatives were excelling at going at a leisurely pace—rather than binge watching something, he could have watched all 30 hours of the TV show “Stranger Things”. Instead—and this is where the “ba-dum” comes in—the Government manifested signs of being lost, and the last Conservative Cabinet just comprised stranger things.

• 7 Mar 2025 · Protection of Children (Digital Safety and Data Protection) Bill · Hansard source

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  The hon. Member is making a powerful point about the debate and how it has dwelled in part on the importance of evidence and research. Does he agree that the reason we have so much evidence is that, as MPs, we speak with so many children? I have in my hand letters from children in years 5 and 6 at St James’ Church of England primary academy, and if I may quote briefly from Eleanor and River, they say “kids will also be exposed to inappropriate content such as unsuitable videos and pictures. They could feel unsafe, discouraged or exposed, and then they would not be able to unsee the images again.” Does the hon. Member agree that we should be shielding children from that sort of content?

• 6 Mar 2025 · Political Finance Rules · Hansard source

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  The hon. Member is making a case. Does he agree that foreign money has no role in our democracy, and that one of the strongest ways in which we can clean up our politics and indeed strengthen our democracy is to make sure that the Electoral Commission has real teeth and has higher fining powers? Does he also agree that where we have concerns about foreign money coming into our country, we should have particular concerns about money coming from people such as Elon Musk?

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

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  It is an honour to follow my hon. Friend the Member for Dagenham and Rainham, who made a very persuasive case. She has stolen much of what I was going to say, which is actually quite helpful. I want to start by reflecting on the international situation, following up on the equally persuasive points made by my hon. Friend the Member for Dover and Deal about the relationship between the UK and France. It is worth reflecting on where we are. The current Home Secretary was the first to visit northern France in almost five years. Using a parallel Conservative political time continuum, that was six Home Secretaries ago. In December, we had the meeting of the Calais Group in London, which was able to agree a plan to tackle people smuggling gangs. We have seen the Home Secretary and Interior Ministers from G7 countries, Germany included, meeting in Italy to agree a new joint action plan. We have seen the French Government appoint a new special representative on migration, Patrick Stefanini. He will work closely with our new role of Border Security Commander so that we have the closest, strongest, deepest engagement and interaction. It is worth reflecting on that, because we are not going to solve the problem of small boat crossings on our own. We have to repair the damage done by the previous Conservative Government to our relationships with our major EU allies and partners. One of the consequences of the botched Conservative Brexit deal is that the UK no longer participates in the EU’s Dublin system, which determines which countries should take responsibility for processing an asylum claim where a person has links with more than one country, and provides a mechanism to return the person to the responsible country. That is underpinned by a shared database of asylum seekers’ fingerprints. It is chaotic that we had a deal that robbed us of the opportunity to take part in that system.

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

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  I thank the hon. Lady for her question, but I have another compelling statistic for her. Implicit in much of what the Conservatives say is the idea that the UK alone is carrying the burden of asylum seeker hosting, but the UK is actually fifth, behind Germany, France, Italy and Spain, in our receipt of the number of asylum seekers in the year ending September. The point I am making is that actually, contrary to much of the rhetoric that we hear in the Chamber and may be hearing in this debate that the United Kingdom is somehow on its own, shouldering all the responsibility for providing a safe place to asylum seekers, we are not. That is worth mentioning, because as a country we are trying to repair our relationships—

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

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  Just before the hon. Gentleman does so, there was a question about why the proposed sentence length of 14 years was hit on. I wonder whether he might wish to illuminate us.