UK Parliament / Open data

Nationality and Borders Bill

My right hon. Friend is absolutely right to raise that. Unfortunately, I have had no such indication beyond leaks to the media, a fact which will probably not surprise him.

Last month, the High Court judgment on Napier barracks found inadequate health and safety conditions and a failure to screen victims of trafficking and other vulnerabilities. The Home Office continued to house people against the advice of Public Health England, endangering those in the accommodation, staff and the local community. It resulted in what the Court described as an “inevitable” covid outbreak in January 2021, with nearly 200 people testing positive for the virus. No wonder the independent chief inspector of borders and Her Majesty’s inspector of prisons published an emergency

report that raised “serious safeguarding concerns”. On asylum accommodation, this Government have failed and failed dangerously.

The idea that this Bill helps those fleeing violence and persecution does not stand up to scrutiny. Let me take one example, because the former Prime Minister raised it a moment or two ago. The Bill says that evidence submitted late without good reason should be given only “minimal weight” by asylum judges. Asylum seekers have been required for the past 19 years to submit arguments and evidence at an early stage. Now it seems we are going to have a situation where judges are directed to have minimal regard to evidence being given late. But there are many reasons why refugees, and particularly victims of human trafficking, cannot provide evidence at an early stage, not least the fact it is difficult for survivors of trauma to talk about their experience immediately, including—and, indeed, especially—women and other survivors of sexual violence. That shows the real failure at the heart of this Bill. It fails victims of human trafficking, and it is a glaring missed opportunity to address the vile crime of people smuggling. Instead, the Government will turn their back on some of the most vulnerable people on Earth.

The Bill changes the law so that helping an asylum seeker will no longer need to be done “for gain” to attract criminal liability. That is what the Bill does, and it is a profound and dangerous change in the law. It could criminalise the Royal National Lifeboat Institution for saving people at sea, and it seems to take no account whatsoever of the international law of the sea, which requires ships’ captains to assist those who are in distress. Let us be frank about this. Had this measure been in place when Sir Nicholas Winton was rescuing hundreds of children from the holocaust on the Kindertransport, he would have risked being criminalised—[Interruption.] There is no point in Members shaking their heads, because this legislation risks bringing into the scope of the criminal law those who are helping people for humanitarian reasons.

About this proceeding contribution

Reference

699 cc722-3 

Session

2021-22

Chamber / Committee

House of Commons chamber
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