Robert Jenrick
MP for Newark · Reform UK · United Kingdom
“Robert Steele was a beautiful four-year-old boy who died three weeks ago in Newark when he was thrown from an off-road bike that was being driven by a 24-year-old man. This is the culmination of a number of incidents in my town, and many others across the country, involving off-road bikes, e-bikes and e-scooters.”
“The Minister said that Governments are elected to lead. Most people would assume that means that Ministers are elected to lead, because they are accountable to Parliament and to the people.”
“There is an air of total unreality hanging over this debate. Successive Governments have run down our Royal Navy to its present enfeebled state, they have conspired to surrender other British sovereign territory and we have a Government who procrastinate about signing off a new oil field in the North sea—let alone about one in the south A…”
“I welcome the right hon. Gentleman to his position. I have known him for a long time—I wish him well. He has a huge task ahead of him. Earlier in the summer, the Prime Minister said that walking the streets of Makerfield lodged in his mind that so many working people want to see the personal allowance raised.”
“Imagine that you are a worker at JLR worried about your future, and you have the misfortune of watching the Chancellor’s speech, which contains searing economic insights like, “I want to see businesses make a profit.” There was nothing about scrapping electric vehicle mandates, bringing down energy costs by getting rid of net zero targets…”
“The sight of the Government escorting illegal migrants into Portsmouth harbour, the home of the Royal Navy, was a national humiliation. Sometimes I wonder whether Members of this House have no appreciation of the level of anger there is in the country at the rapes, the murders and the billions being wasted that should be being spent on th…”
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“The new clause sets out a non-exhaustive list of considerations to which the Minister may have regard when considering the exercise of such a discretion in that case. The Minister will be accountable to Parliament for the exercise of that personal discretion. The Government expect that the Minister will carefully consider the UK’s international obligations when deciding whether to disapply the duty.”
“On interim relief, we are replacing the marker clause relating to interim measures indicated by the Strasbourg Court. As my right hon. Friend the Home Secretary indicated on Second Reading, the Strasbourg Court is itself carrying out a review of the rule 39 process at the encouragement of a number of member states, including us. The former Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), who was then Lord Chancellor, and the current Attorney General, have had constructive discussions with the Court about reform, including on rule 39. However, we can and should do more. New clause 26 will confer on the Home Secretary or any other Minister of the Crown a discretion, to be exercised personally, to suspend the duty to remove a person where an interim measure has been indicated on an individual case.”
“In a similar vein, new clause 24 makes it clear that any legal challenges relating to a decision about a person’s age are also non-suspensive. Through new clause 25, we are taking a power to make regulations setting out the circumstances in which it can be assumed that someone who refuses to undergo a scientific age assessment is an adult. I can assure the House that we will make such regulations only once we are satisfied that the scientific models are sufficiently accurate so that applying an automatic assumption will be compatible with the European convention on human rights. On that question, I thank in particular of my right hon. Friend the Member for South Holland and The Deepings, who has worked closely with the Government to achieve our shared objective.”
“I am very grateful to my hon. Friend for those kind words. We value his expertise, knowledge and commitment on this issue. He has made the Bill better, stronger and more likely to succeed in our objective, which is to stop the boats and restore the public’s confidence. It has always been our intention that the only claims that could delay removal would be the factual suspensive claims and serious harm suspensive claims provided for in the Bill. All other legal challenges—be they rights-based or other claims—would be non-suspensive. New clause 22, tabled by my hon. Friend the Member for Devizes, makes it crystal clear not only that any judicial reviews will be non-suspensive, but that it will not be open to the Court to grant interim remedies that have the effect of blocking removals pending a substantive decision on a judicial review.”
“The Government believe that the Bill is compatible. We believe there are strong arguments, and of course there will be legal debate, but were any aspect of the Bill to be challenged, we look forward to defending it robustly. We take our treaty obligations—”
“I will not give way to the hon. and learned Lady a second time, if she does not mind. We have been very clear that we take our treaty obligations seriously. In respect of the ministerial discretion in the clause, the Home Secretary, or whichever Minister of the Crown exercised that discretion, would of course take those obligations seriously and judge the individual case.”
“No. As I have already said, we take our treaty obligations very seriously and the Minister who exercises this discretion would have to do so. This discretion would be exercised highly judiciously and would ultimately be judged on the facts and be very fact-dependent.”
“I am not going to give way to the hon. and learned Lady. I will give way one last time to my right hon. and learned Friend; then I must make some progress.”
“The amendments introduce a statutory presumption that the public order disqualification applies to FNOs who have been given an immediate custodial sentence of any length.”
“We consider it important, and indeed helpful to the courts, to provide them with guidance as to what does or does not amount to serious and irreversible harm, albeit that ultimately the judgment will be for the upper tribunal, to be taken on a case-by-case basis. New clause 17 also makes it clear that the serious and irreversible harm must be “imminent and foreseeable”, which aligns the test in the Bill much more closely with Strasbourg practice. Amendments 114 to 119 relate to foreign national offenders. In the Nationality and Borders Act 2022, we legislated to disapply certain modern slavery protections to FNOs who have been sentenced to a term of imprisonment of 12 months or more, and to certain other categories of persons who present a risk to public order.”
“It is important that those who receive a removal notice should be able to receive appropriate legal advice to help them to navigate this process; accordingly, new clause 20 makes provision for legal aid. I trust that this new clause at least will be welcomed by the hon. Member for Glasgow Central, given that it covers similar ground to her new clause 18. The provision of legal aid will reduce the opportunities for challenges and speed up removals. On serious harm suspensive claims, new clause 17 augments the existing provisions in clause 38, which enables regulations to be made about the meaning of serious and irreversible harm for the purposes of the Bill.”
“My right hon. and learned Friend is correct in saying that rule 39 indications are just that, and that there are circumstances in which Ministers have chosen not to apply them—a small number of circumstances, but a number. The clause does not mandate a Minister to ignore rule 39 indications; it says clearly, to ensure that there is no doubt whatsoever, that the Minister has the discretion to do so. It gives a non-exhaustive list of reasons that they should consider, and in doing so they would clearly, as I have said on a number of occasions, take their treaty obligations very seriously. Let me move on. As I have said, the Bill provides for two kinds of suspensive claims and sets out a fair but rigorous timetable for the submission of any claims, their determination by the Home Office, and any appeals.”
“I will not give way; I will draw my remarks to a close. I will not detain the House by detailing the other Government amendments, which I have summarised in a letter—”
“It is difficult for me to comment on remarks that are read out that I have had no sight of; frankly, my right hon. Friend would not have done so either when she was a Home Office Minister. She and I have a disagreement on the current impact of modern slavery on our system, but to me the evidence is very clear that unfortunately—this was never the intention of the framework that was created—there is significant abuse. We see that in particular in the number of individuals who are coming forward with modern slavery claims in the detained estate when we seek to remove them from the country. Such last-minute claims currently account for 70% of individuals. I am afraid that, among other evidence, that shows that we have a serious problem and we have to take action.”
“I am not giving way, because time is very limited. I have summarised the other Government amendments, which are more detailed and technical in nature, in a letter to the hon. Member for Aberavon (Stephen Kinnock), and placed a copy of it in the Library of the House. I stand ready to address any particular points in my winding-up speech, if necessary. For now, I commend all the Government amendments to the House and look forward to the contributions of other Members. I will respond to as many of those as I can at the end of the debate.”
“We have to get the balance right so that young adults do not regularly pose as minors and create an enormous and very concerning safeguarding risk for our young people.”
“We understand the desire of many Members for there to be carefully thought through and limited time limits on detention. I hope that the amendment we tabled and my remarks today give reassurance that we will bring forward that regime and that it will be as short as practically possible. There is a significant exception to that rule, which is, of course, for those cases in which there is a serious age-assessment dispute. In such cases, the undoubted desire to limit the amount of time for which a child is ever detained by the state has to be balanced against the equally important safeguarding issue of young adults posing as minors—indeed, not all so young, as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) said earlier with regard to the recent allegation about a 42-year-old posing as a minor.”
“As we have now made clear, the two principal purposes are for family reunion and for a child’s safe return home to the loving care of social services in their home country. We have taken the issue of the detention of children extremely seriously, because we do not want to detain children. We will do so only in the most exceptional circumstances. The circumstances that we have now clarified in the Bill and in the debate, again with the helpful guidance and support of right hon. and hon. Members, are for the purposes of initial processing when children and families arrive irregularly in the United Kingdom in small boats or via other forms of clandestine entry, and then for the limited and defined purposes of removal from the country that I mentioned a moment ago.”
“As I said earlier, the Government’s approach in respect of children is one in which we take the interests of the child extremely seriously. These are morally complex issues, and I and all the Ministers involved in the Bill’s preparation have thought very carefully about how we can protect children, both at home and abroad, as we have produced the Bill and the scheme that underpins it. I hope that the ways in which we will approach the removal of children are now clear, thanks to the work we have done with several right hon. and hon. Members, including in particular my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) and my right hon. Friend the Member for Chelmsford (Vicky Ford). We will seek to remove unaccompanied children only in exceptional circumstances.”
“I thank and commend right hon. and hon. Members from all parties for what has been a measured and thoughtful debate over the course of this afternoon. The Bill before us is probably the most significant immigration Bill in my lifetime; for that reason, it is important that we get it right. Today’s debate has centred on a number of significant issues. I will not reprise all my earlier remarks, having spoken then for the best part of three quarters of an hour and taken many interventions, but I will touch on the five principal areas that were discussed by Members on both sides of the House and attempt to provide any further reassurance that is required. The first significant issue was the removal of minors.”
“Fewer SNP Members spoke in the debate than could fit into Nicola Sturgeon’s battle bus.”
“That has led us to the agreement that we will rapidly bring forward the consultation with local authorities that grounds the desire of this House to be generous with the reality on the ground in our communities and councils. Within six months, we will bring forward the report that will result from that consultation, and as soon as possible over the course of next year, we will set up or expand the existing safe and legal routes so that the UK can be an even greater force for good in the world. [ Interruption. ] The hon. Member for Glasgow Central (Alison Thewliss) laughs at that—of course, Scotland could step up to the plate as well. Since she tempts me, I will just say that her and her colleagues asked for an extension to today’s debate, but as far as I am aware, only two spoke in it.”
“The third issue that was the subject of debate and, again, a high degree of unity—certainly on the Government Benches, but perhaps more broadly—is the approach to safe and legal routes. We want to stop the boats; we also want to ensure that the United Kingdom continues to be one of the most respected countries in the world for the way in which we provide sanctuary to people who are genuinely in need. We are doing that already, as evidenced by the fact that since 2015, half a million people have come into our country legally on humanitarian grounds. We have safe and legal routes today, but I appreciate the views of a number of right hon. and hon. Members, including most notably my hon. Friend the Member for East Worthing and Shoreham.”
“I am grateful to my right hon. Friend and return the compliment. It is important that we in the Government listen to the expertise we have among Members from all parties. I hope Members will agree that that is the approach we are taking to these sensitive issues, of which age assessment is certainly one. I do not want to see a situation in which young adults are regularly coming into the UK illegally, posing as children, and ending up in our schools, in foster-care families and in unaccompanied-minor hotels, living cheek by jowl with genuine children. That is an evil that we have to stamp out, and the approach we are taking in the Bill will help us to do so.”
“I find that rather unconvincing, given that so many were able to turn up earlier. It does rather reinforce the point that the Scottish National party’s approach to these issues is entirely performative: they talk the talk, but they do not act. On this occasion, we did not even get the talk.”
“Friends —as they kindly said in their remarks that they would—will work with the Government throughout the continued passage of the Bill to ensure we get the balance right.”
“I will not give way to the hon. Lady. The fourth serious issue that was raised, principally by my right hon. Friends the Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Maidenhead (Mrs May), was about our mutual desire for the good work they did in office to establish our world-leading modern slavery framework to live on, to continue supporting genuine victims—in particular, those victims of modern slavery who have been in the United Kingdom for a sustained period of time and who have been the subject of exploitation here, rather than in the course of their passage, whether in a small boat or otherwise. While it is clear that we will not be able to settle the matter today, I hope that my right hon.”
“I am not going to do that, but I thank the hon. Gentleman for the advice. The amendment to which he refers enables the Government to ensure that those individuals who are the subject of a police investigation, or are participating in a police investigation with the aim of bringing their traffickers to justice, can have that investigation conducted in the United Kingdom, or—if it is safe to do so—can have their contribution to that investigation conducted while in a safe third country, such as Rwanda.”
“My right hon. Friend does not, I think, agree that Rwanda is a safe place for those who are victims of modern slavery to be supported. The critical point here is that of course we want to support those individuals, and we have no intention of removing them, whether home to their own country or to a safe third country, unless that is a place where there are sufficient safeguards to ensure that they are protected. That is the nature of the agreement we have struck with Albania and the one we have struck with Rwanda, which was upheld by the High Court and we hope will be upheld by the Court of Appeal. It is natural, therefore, that in many cases individuals can go to those countries and participate in any law enforcement activity from there.”
“The British people demand that we stop the boats, and only the Conservative party will do so.”
“Given Labour’s record on immigration, we can assume it is an open door. While Labour Members are fighting each other, the Conservative party tonight has been united. We are united in fighting the people-smuggling gangs. Only the Conservatives are taking the tough but necessary action to stop the boats, because it is only this party that is ultimately on the side of the British public. As my right hon. Friend the Member for South Holland and The Deepings said, from Worthing to Walthamstow, the British people want to stop the boats. The only way to stop the boats is to sever once and for all the link between crossing the channel illegally and being able to live and work in the United Kingdom. That, at its heart, is what this Bill does. Nothing else will cut it; we have tried it all before.”
“The truth is that tweaks to our system will not suffice. In an age of mass migration, only a significantly more robust approach can end the injustice of illegal migration. The totality of Labour’s policy on illegal migration is to accept more people into our country and as quickly as possible. That is weak, and it is also frankly dangerous. We have yet again seen today that Labour is decades behind when it comes to illegal migration. It is 20 years behind the views of the British public and 20 years out of date with its policy proposals. That perhaps comes as no surprise when the shadow Home Office team is being led by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), whose own colleagues say should have left politics 20 years ago. One briefed the papers that “she knows where the door is”.”
“I will not give way to the hon. Lady, but I thank her for her suggestions. The last issue that was the subject of debate centred around the questions raised by my hon. Friends the Members for Stone (Sir William Cash) and for Devizes (Danny Kruger) and others about how we strengthen the Bill, particularly regarding the interim measures. I will say again, as I said in answer to the former Attorney General, my right hon. and learned Friend the Member for Torridge and West Devon (Sir Geoffrey Cox) that this ministerial discretion will be exercised judiciously and in accordance with our treaty obligations. We take international law and our treaty obligations extremely seriously. I will not dwell on the Labour amendments today because, as in Committee and on Second Reading, Labour offers no credible policy to stop the boats.”
“We understand entirely the concern that his constituents will feel and that he is articulating this evening, and we want to ensure that we allay those fears, wherever possible, in the weeks and months ahead, and certainly do as much as possible in advance of the arrival of the barge at Portland Port later this year. When looking at proposals for new sites, the Home Office takes the impact on a local community into account, which is why we are working now with local partners, through the multi-agency forum that my hon. Friend referred to, and holding regular meetings with representative groups in the community.”
“In the short term, that means switching to cheaper and more appropriate forms of accommodation, such as disused military sites and vessels. Such measures are in keeping with action being taken across Europe, with France, Germany, Italy, Ireland and the Netherlands all taking similar steps. The UK cannot risk being left behind and becoming a magnet for millions of people who are displaced and seeking better prospects. These alternative sources of accommodation, including the one we will locate in my hon. Friend’s constituency, are therefore undoubtedly in the national interest. The Home Office is determined to work closely with my hon. Friend and key local stakeholders to ensure that the site in his constituency at Portland Port is delivered in a way that minimises the impact on the local community.”
“Those hotels are valuable assets that have been taken away from communities and the situation is placing pressures on local public services. The public are quite rightly demanding that we grip the problem and end the use of hotels. The enduring solution is to stop the boats, which is what we are focused on. We have introduced the Illegal Migration Bill, which goes further than any previous immigration legislation, to fix this problem, and we substantially increased illegal working raids and returns. We have elevated our co-operation with France to unprecedented levels in order to drive up interception rates and arrests. However, as I have said before, we must suffuse the entire system with deterrents, and that includes our national approach to how we accommodate illegal migrants.”
“I am grateful to my hon. Friend for securing the debate. I will come to the specific points he raised in relation to his constituency in a moment. There is an important local dimension to the matter. The Home Office is acutely aware of that, as I will set out, but at the outset it is important to briefly set out the national context. The situation in the channel has placed the UK’s asylum system under unsustainable pressure. The rise of illegal, dangerous and wholly unnecessary small boat crossings has left us in the invidious position of having to accommodate over 48,000 individuals in hotels, at eye-watering expense to the taxpayer. It is simply wrong that British taxpayers are footing the bill of almost £2.3 billion per year to accommodate illegal migrants.”
“We at the Home Office will do everything we can to ensure that process is as successful and constructive as possible, accepting that many of those stakeholders and residents will come to those meetings from a position of either strong opposition or a preference that we were not proceeding in the first place.”
“I hope that in the time I have available, which I appreciate is not a great deal, I can answer as many of his questions as possible. As soon as it became apparent that Portland Port could provide the support required, and before a contract was signed or a decision made by the Home Secretary, Home Office officials reached out to Dorset Council and had an initial meeting with the chief executive on 21 March. The multi-agency forum, which we have both referenced, met on 29 March, and has met at least four times since then. These forums are a way to bring together the public and community agencies, including the NHS, the police and emergency services, alongside elected officials, such as town councillors, and residents groups.”
“Wherever possible, we will pay for the services required for those individuals. So a significant proportion of that funding—which, as I have said, will run to millions of pounds—will be available to Dorset Council to do whatever it wishes. One would hope that it will choose to devote the lion’s share to the needs and desires of the immediate population, who will be most affected by this project.”
“We have made it clear that we will provide a special grant to Dorset police that will cover the additional burden that this special national endeavour will have on their very limited resources, because obviously we want to ensure that the local community is reassured as much as possible. That means that there will be extra neighbourhood policing and further support for the police that is not coming out of the coffers of the local constabulary. We have offered significant funding to Dorset council. It will receive at least £3,000 per asylum seeker residing on the vessel per year, which will enable it to provide extra resources and personnel to manage the project—albeit that we will not be placing many burdens on it, as the vessel will be managed by the Home Office and its suppliers.”
“That means that we will implement a regime that very strongly encourages the migrants to return to the vessel for 11 pm and not, as my hon. Friend suggests, to roam the streets of the area. There will be a secure cordon around the vessel, which, again, will discourage people from walking into the community. There will be a bus that takes the migrants to agreed places where they might spend some free time or go to a shop—again, to discourage them from making journeys throughout the community and to carefully control their movements as far as one can within the limits of the law. My hon. Friend asked about the Ministry of Defence. We have worked with it; we sought its advice before proceeding, and we have considered the particular sensitivities of Portland port. My hon. Friend asked about the police. We want to work closely with them.”
“Quite the opposite: it was to ensure that those migrants place the least possible burden on local public services and so that it is not regularly necessary for migrants to register with GPs or take the appointments at GP surgeries that his constituents rightly demand. Given that the cohort of individuals will be relatively young, it is unlikely that they will place significant pressure on the local NHS, but we are working with it and with the local integrated care board to work through those challenges. My hon. Friend asked about the regime on the boat. Again, it is designed to ensure that there are as few issues for the local community as is possible within the confines of the current law, which states that the vessel has to be a non-detained one.”
“Perhaps I can answer some of those questions, because we do have answers and we did think carefully about each of those questions prior to making the decision to proceed with the policy and to apply it to my hon. Friend’s constituency. With respect to healthcare, we have worked with the UK Health Security Agency. We have taken its advice to ensure that no infectious diseases can spread on the barge or, where they do, that appropriate steps are taken. My hon. Friend referred to the decision to provide basic primary care on or adjacent to the barge. That decision was not taken, as he suggests, to privilege migrants residing on the barge.”
“Friend may not appreciate this, but in each of the actions that we are taking, the choices we are making are guided by how we can reduce the impact of the barge on the local community. If he, or the stakeholders with whom we are engaging, can think of any further steps we could take, we will obviously consider them and try to ensure that we take them whenever possible, unless there is a very good reason not to.”
“I am not sure of the source to which my hon. Friend is referring, but we will not be putting more migrants on the vessel than is safe and appropriate. I do know that barges of this kind can accommodate either one individual per room or, in many cases, two. That may be the explanation. In some circumstances, organisations making use of the barge, such as construction companies or offshore oil and gas businesses, might choose to accommodate one individual per room, but the barge itself can comfortably accommodate two or more. We will obviously abide by the relevant laws to ensure that the migrants are properly accommodated, but—this is relevant to my hon. Friend’s point—it is equally important for us to minimise the potential for disturbances on the boat that would have an impact on his constituents and the local police. My hon.”
“The Home Secretary, the Government and I stand ready to work with them to make this policy as successful as possible, to listen to the views of their constituents, and to mitigate the negatives as far as possible. My hon. Friend the Member for South Dorset has our assurance that we will also do everything we can to stop the boats, and to stop this problem at source. Question put and agreed to.”
“I know that my hon. Friend met my officials, and I am sorry I could not be there as well; I was at a Cobra meeting to discuss the Border Force presence in Sudan this week. However, I think we will be meeting again soon so that my officials and I can discuss those points with my hon. Friend. We have considered the challenges, and will be pleased to answer as many questions as we can. I see that there is only a very short time left, so let me draw my remarks to a close. We all appreciate that while this policy is undoubtedly in the national interest, it has a particularly serious impact on the community that both my hon. Friends represent.”
“These sites are undoubtedly in the national interest. We have to deliver them if we are to stop the use of hotels. We have to deliver them to save the British public from spending eye-watering amounts on accommodating illegal migrants. And we have to deliver them to prevent a pull factor for economic migrants on the continent from taking hold. Inaction is not an option. The British people rightly want us to tackle illegal migration. As I have set out today, we are doing exactly that and I commend this statement to the House.”
“We also continue to explore the possibility of accommodating migrants in vessels, as they are in Scotland and in the Netherlands. I want to be clear: these sites on their own will not end the use of hotels overnight. But alongside local dispersal and other forms of accommodation, which we will bring forward in due course, they will relieve pressure on our communities, and manage asylum seekers in a more appropriate and cost-effective way. Of course, we recognise the concerns of local residents and we are acutely aware of the need to minimise the impact of these sites on communities. Basic healthcare will be available, around-the-clock security will be provided on site and our providers will work closely with local police and other partners. Funding will be provided to local authorities in which these sites are located.”