Nationality and Borders Bill — House of Commons, 2022-04-20
Topic: Immigration
Thomas Christopher John Pursglove (Conservative, Centre-right): I will make some progress, as it is important that hon. Members have the opportunity to speak in this debate Lords amendment 11B focuses on setting a target for the number of refugees the UK would resettle each year. Our view has long been that the number of refugees and people in need of protection we resettle each year must be based on our capacity and our assessment of the international situation. That has not changed. As such, we do not think the Lords amendment is necessary. On Lords amendment 13B, I thank the other place for understanding that there is a need to be able to prosecute criminals who seek to evade immigration controls and return to the UK, but the amendment is too narrow in its scope, to the point where it would not allow for the prosecution of someone attempting to arrive in the UK who has previously been excluded from the UK on national security grounds. Limiting the amended offence to cover only those who arrive in breach of a deportation order would also prevent the prosecution of arriving passengers in egregious cases when there are aggravating factors that show that prosecution is in the public interest. As such, the amendment would still compromise our plans to enhance the security of our borders and so we cannot accept it. I also appreciate those in the other place for their detailed consideration of clause 40. However, by proposing Lords amendment 20B and replacing "for gain" with a statutory defence of "without reasonable excuse", they would compromise our plans to enhance our ability to prosecute people smugglers. The amendment would simply add a new barrier to successful prosecutions and create uncertainty, as appropriate defences are already provided in common law, such as "acting under duress" I turn next to the modern slavery amendments. Lords amendment 25B is too narrow and does not fulfil the aims of the original clause; it will not protect the system for tackling modern slavery from those who present a threat to public order or risk to national security. The amended definition does not include individuals who have been served with terrorism notices, who have been involved in terrorism-related activity or who otherwise pose a risk to national security, nor does it include individuals who have been convicted of serious criminal offences such as manslaughter, murder, violent acts and sexual offences. Having listened to concerns raised, we have provided further detail in the House of Lords about the proportionate approach we will take to implement this measure and clarity on the mitigating factors that will be taken into account as part of the case-by-case approach, but we cannot agree to the amendment On Lords amendment 26, the Government’s unshakeable position is that support should be provided on the basis of need, tailored to the individual and their personal circumstances. During the passage of the Bill, we have committed that, where necessary, all those who receive a positive conclusive grounds decision and are in need of specific support will receive appropriate tailored support for a minimum of 12 months. What still concerns us about this amendment is that it moves us away from taking an individualised, needs-based approach to the provision of support, so we cannot support it.