Contribution
I thank my right hon. Friend for her intervention, and obviously she is always right. It is not impossible; in fact, it has been done before.
Instead, this Bill could end up criminalising people because of how they travelled here, which is wrong. It is widely understood that many of these people, precisely because they are victims of persecution, cannot apply for visas in the normal fashion, and many more cannot afford the cost of long-haul flights either. Genuine and valid asylum seekers could be criminalised. We should remember that these people are fleeing war and devastation. Some have been trafficked, and many of those are brought here as slaves—either for domestic service and menial unpaid work, or for sex slavery. The Bill could abolish their rights and protections under the Modern Slavery Act 2015.
Then there is the question of immigration detention, which will increase as a result of the Bill. The immigration detention estate is already costly and cruel. It is a ridiculous irony that we are releasing criminals because our jails are full, yet we are increasing the use of immigration detention despite 75% of those detained eventually being found to be entitled to be here.
The main concern has been foreign national offenders, and 4,674 were returned in the year ending September 2024. That is an increase of more than a quarter compared with the previous year, which means that this Government are doing what they want to do on foreign national offenders. Why are we holding on to the idea of increasing the immigration detention estate when we know that in 2019 the Conservative Government awarded asylum accommodation contracts worth billions of pounds to just three companies, and almost every single one of the removal centres operated by those companies has reported overcrowding, hostile and unsanitary conditions, and, at worst, death and suicide? Those centres are costly and cruel. A limit on immigration detention would be both humane and efficient. The average daily cost of holding an individual in immigration detention is £122. What a huge cost when there are options for detention in the community. Most people are detained when they go to their bi-weekly reporting session at the Home Office.
We are detaining far too many people unlawfully. In 2023-24, the Home Office issued 832 compensation payments for unlawful detention, totalling £12 million. As we have heard, we detain children—in 2023, the Home Office detained 47 children for immigration-related reasons. We disagree on many things across the House, but the rights of children is not usually one of them. People say there are complex reasons why such detentions happen. To that I say: “Make it simple and make it stop.” We should not be detaining children for immigration-related reasons.
I am also concerned that the Bill might undermine the application of international law to refugees. Section 29 of the Illegal Migration Act 2023 will be untouched, even though it was a truly rotten measure introduced by the Conservatives, who had a problematic relationship with international law. We on the Government Benches must be better than them. At the moment, a trafficked woman who arrived here having been abducted halfway across the world would have no rights as refugee, precisely because her traffickers brought her here on a small boat. That cannot be right.
The Bill focuses on small boat crossings, but it is an immigration Bill, and that means it does not all have to be negative. There are things we could do that we largely agree on, such as scrapping child citizenship fees and introducing further protections for European Union nationals and the Windrush generation. When we were in opposition, we supported scrapping child citizenship fees. The shadow Home Secretary, when he was the immigration Minister, implemented a fee waiver, but last year only 36% of those waivers were accepted—40% were rejected and 22% are awaiting decision. That is just not good enough. This is about children who have lived here for their whole lives—children who were born here, including the children of EU nationals.
We know that EU nationals continue struggle with their rights, which is something that we could resolve. We can all agree that the Windrush generation have the right to be here, but they are still having major issues; we should not wait for the appointment of the Windrush commissioner to be told that they are still subject to the hostile environment. We could do so much more on things we agree on, but unfortunately there are too many instances where victims can be blamed for the crime, and I worry that the Bill could codify that injustice in law.