UK Parliament / Open data

Nationality and Borders Bill

It is a pleasure to follow the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), with whom I agree. I also agreed with pretty much everything said by the shadow Minister, the hon. Member for Halifax (Holly Lynch), so I can be fairly brief.

The hon. Member for Halifax was right to say at the outset that, again, it is frustrating that the Government do not appear to be listening—not to their Independent Anti-Slavery Commissioner, anti-slavery charities, medical professionals, social workers or survivors—and that everything is being seen through the prism of migration enforcement. The Government are undermining not just the refugee convention, but other international obligations including the European convention on action against trafficking in human beings.

The Minister said a lot of good things at the Dispatch Box, as he did in the debate on the previous group, but sometimes what he says bears very little resemblance to the provisions that are actually in the Bill. I have a lot of respect for him as a Minister, but he cannot ask us to legislate—to pass a Bill—based on how he wants it implemented. We have to go by what is in the Bill, which too often simply does not live up to what he is trying to sell us.

The SNP supports what their lordships have done to take out some of the most offensive provisions of the Bill and to improve protections for trafficking survivors. We believe that the Government’s motions to disagree will not only take out the positive reforms that their lordships suggested and restore some really regressive provisions that undermine modern slavery legislation across the UK, but reinstate challenges and hurdles for survivors of trafficking and slavery, especially children. The only beneficiaries will be those who perpetrate those awful crimes.

6.45 pm

We support Lords amendment 24, which scraps clause 58 —a clause that totally inappropriately instructs fact-finders how to assess late provision of evidence from trafficking survivors. Not only is the clause particularly inappropriate in relation to trafficking victims, for reasons that the House has heard, but it is wrong in principle for Parliament to tell decision makers including judges what to make of evidence that they will see and hear and that we lawmakers never will. They are skilled people who know how to handle evidence, including late evidence, without MPs having to blunder in. Crucially, all we are doing by increasing the apparent threat that a victim will not be believed is handing a boost to traffickers—an extra weapon of coercion and control.

We support Lords amendment 25, which refines clause 62 on disqualification from protection under the convention. The Government are seeking to disqualify from protection far too broad a group of victims, including children. We all know that many victims of trafficking and slavery are coerced into committing crime, and sometimes that is a consequence of their trafficking or slavery—indeed, those who already have a criminal record are frequently specifically targeted for trafficking. If we allow the Government to have their way, it is the victims who will be worse off and the traffickers who will gain a new tool for coercion.

We support Lords amendment 27, which protects victims under 18 from the most damaging provisions and puts the best interests of the child at the heart of decision making. Fundamentally, how can any of that be objectionable? For all the reasons that the shadow Minister gave, we give the amendment our full support.

We support Lord McColl’s amendment 26, which provides essential leave to remain for victims to rebuild their lives, prevent re-trafficking and bring perpetrators to justice. I pay tribute to all hon. Members who have continued to champion that cause.

We strongly support Lords amendment 22. The procedures in the Bill for age assessments represent a totally inappropriate power grab by the Home Secretary from both local authorities and indeed devolved Governments. Lords amendment 22 at least puts in place a framework to provide proper constraints on her power. The amendment is the only way to prevent harmful, dangerous, totally unjustified, unethical and inaccurate age assessments from becoming the norm. The British Dental Association, the British Medical Association, the British Association of Social Workers, the Royal College of Nursing and many others have asked us to keep the amendment, so we should support them, and we should support multi-agency teams and social workers with investment and support, not make them subservient to the Home Office.

We are sympathetic to Lords amendment 40, which is designed to protect local journeys between Northern Ireland and the Republic of Ireland from electronic travel authorisation provisions. Surely there must be a better way to handle the issue than by requiring authorisations in advance. I have not been privy to the conversations that have been had, but there must be other solutions.

I will finish by briefly echoing a question that the right hon. Member for Islington North (Jeremy Corbyn) asked. In principle, the Government’s visa penalty clauses have a role and a purpose and we support them, but we share his concerns about what they might mean for Russians fleeing persecution, for example, including those who have protested against the further invasion of Ukraine. The Minister suggested that they would be able to apply as ever, but as I understand it, some of the measures in the Bill—[Interruption.] Oh, he is going to deal with that point when he sums up. I look forward to hearing what he has to say.

In short, the SNP continues to support the efforts of those in the other place to force the Government to listen to the advice that they have been given and to think again about many of the Bill’s provisions.

About this proceeding contribution

Reference

711 cc276-7 

Session

2021-22

Chamber / Committee

House of Commons chamber
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