Nationality and Borders Bill — House of Commons, 2021-07-20
Topic: Immigration
Joanna Catherine Cherry (Scottish National Party, Centre-left): When I said that the Bill addresses a problem that does not exist, one of the previous speakers talked of the country being overrun by immigrants. That is simply not the case. As I said in an intervention earlier, yes, I do think—to use the hon. Member’s words—"innocent" and "vulnerable" people crossing the channel with people smugglers is a problem, but I do not think that the solution to that problem is to criminalise those innocent and vulnerable people. That is one of the central problems of this Bill. In fact, to criminalise those innocent and vulnerable people is potentially in breach of our international legal obligations If this Bill becomes law, we risk breaching the 1951 UN refugee convention, the 1961 UN convention on the reduction of statelessness, the UN convention on the law of the sea and the international convention for the safety of life at sea, and we also risk breaching the UN convention on the rights of the child. If this Bill becomes law, we also risk breaching multiple articles of the European convention on human rights, to which this Government assure us they are still committed. In fact, the Lord Chancellor gave evidence to the Joint Committee on Human Rights last week and was most anxious to assure us that the Government are still committed to the European convention on human rights. But there is not much point in being committed to it in name if they bring legislation to the House that threatens to breach it by its terms, as does the introduction of a two-tier system for refugees, which potentially breaches the right to be free from discrimination and enjoyment of one’s human rights The changes proposed by the Bill potentially undermine the right to life for those at sea. Changes to the application and appeals process for asylum seekers and provisions regarding credibility, and the weight to be given to evidence, risk breaching the right to a fair trial. The Joint Committee on Human Rights, of which I am a member, has already raised concerns that decision making by the Home Office in immigration matters is not sufficiently independent or rigorous to ensure that human rights are respected, and the Bill will make that worse Why would Scotland want to be part of a Union where decisions like this affecting our international standing and the perception of the state on the world stage are forced through by a Government with such scant regard for human rights and the rule of law? It is not just this Bill. This Bill is one in a succession of Bills that have gone through this House recently which many independent commentators have said threaten to breach our international treaty obligations and also threaten to breach our commitment to human rights under the European convention. In one case, the Government were quite brazen about it. A Minister stood up in the House and said that "this does break international law" but only "in a very specific and limited way."—[Official Report, 8 September 2020; Vol. 679, c. 509.] Would that it were so with this Bill. This Bill will break international law, not in a specific and limited way, but in a number of respects that those with more time have enumerated more eloquently than I can This is not the way to do things. It is not right and it is not humane. There are millions of displaced people across the world and millions of refugees. The United Kingdom cannot wash our hands of responsibility for them, particularly when at least some of the reasons for their displacement can be laid at our door and at the door of our foreign policy and our colonial past. The real mischief that the Bill should seek to tackle, but does not, is that there are insufficient lawful routes for claiming asylum in the United Kingdom. Yes, resettlement programmes are laudable, but they are not a solution for those claiming asylum because resettlement programmes deal with those already recognised as having a protection need. Those in need of international protection who reach the shores of the United Kingdom should not be criminalised It is time the Home Secretary stopped playing to the gallery and did the hard work necessary to fulfil the United Kingdom’s moral and legal obligations to refugees and asylum seekers. As my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East said so eloquently, there is no point in Conservative Members waxing lyrical about the rights of persecuted Christians and the rights of the Uyghurs to be free from Chinese atrocities if they threaten to criminalise those sorts of people when they make it to our shores.