Small boats crisis latest: Labour MPs will be instructed to vote against Illegal Migration Bill

The Conservatives have announced a controversial new bill, aimed at taking back control of the UK's borders.
Prime Minister Rishi Sunak and Home Secretary Suella Braverman have unveiled a controversial new bill aimed at stopping illegal migrants across the channel (Image: Kim Mogg / NationalWorld / Getty)Prime Minister Rishi Sunak and Home Secretary Suella Braverman have unveiled a controversial new bill aimed at stopping illegal migrants across the channel (Image: Kim Mogg / NationalWorld / Getty)
Prime Minister Rishi Sunak and Home Secretary Suella Braverman have unveiled a controversial new bill aimed at stopping illegal migrants across the channel (Image: Kim Mogg / NationalWorld / Getty)

The finer details of the Conservative's proposed new Illegal Migration Bill remain a little foggy, with the Prime Minister refusing to be drawn on questions about when he would stop small boat crossings, and whether trafficking victims who arrived via illegal means would be protected.

Home Secretary Suella Braverman and Prime Minister Rishi Sunak formally unveiled their plans on Tuesday to remove and ban asylum seekers from re-entry if they arrive in the UK through illegal means. The Prime Minister had made a promise to the British people, that anyone entering the country illegally would be detained and "swiftly removed", and this Bill would fulfil that promise, Braverman said.

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At the Prime Minister's question time on Wednesday, Sunak butted heads with opposition MPs, as he was grilled on the Government's track record on illegal immigration and on sending people found ineligible for asylum back.

Labour leader Sir Keir Starmer slammed the plans as nothing new, and said they have been tried before - and failed. “I voted against his legislation last time because I said it wouldn’t work, since it became law the numbers have gone up, he’s proved me right. The Prime Minister says they will detain people who aren’t eligible to claim asylum here and then return them. Well, they already tried that under the last legislation.”

Starmer said in 2022, 18,000 people were deemed ineligible to apply for asylum. Only 21 had actually been sent back, he claimed. “What happens to the rest? They sit in hotels and digs for months on end at the taxpayers’ expense.”

The Prime Minister answered: “We’ve actually got a clear plan to stop people coming here in the first place. Labour have absolutely no plan on this issue because they simply don’t want to tackle the problem.

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“We introduced tougher sentences for people smugglers, they opposed it, we signed a deal with Rwanda, they opposed it, we are deporting foreign offenders as we speak, they oppose it… In fact, he opposed every single step of what we’ve done to try and stop this problem.”

How has the Bill been received?

The Equality and Human Rights Commission said: “We welcome the government’s intention to remain within the European Convention on Human Rights (ECHR). We are nonetheless concerned that the legislation risks breaching the UK’s legal obligations under the Refugee Convention and ECHR.”

The plan is simply “not the British way of doing things”, the Refugee Council said. Its chief executive Enver Solomon suggested the plans were “more akin to authoritarian nations” such as Russia and insisted the proposals would not stop desperate people crossing in small boats but would instead leave “traumatised people locked up in a state of misery being treated as criminals and suspected terrorists without a fair hearing on our soil”.

He said the new legislation “ignores the fundamental point that most of the people in small boats are men, women and children escaping terror and bloodshed from countries including Afghanistan, Iran and Syria”.

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Labour and SNP ministers questioned the Tory’s hard-line approach and the sturdiness of the bill, as well as what would happen to migrants who could not be returned. Shadow home secretary Yvette Cooper said the government did not have the necessary agreements in place to actually send asylum seekers back.

"They still don’t have any return agreements in place, the Home Secretary herself has admitted Rwanda is failing, and even if it gets going it’ll only take a few hundred people, so what will happen to the other 99% of people under this Bill?”

While fellow Conservatives seemed mostly onboard with the plan, many questioned what it would mean for Britain's membership in the European Convention on Human Rights, which had previously grounded attempts to send illegal migrants to Rwanda. Sunak said while they believed they were in line with international law, they were “up for the fight” if need be.

The new Bill has been criticised by human rights watchdogs like Amnesty International, the Church of Scotland, and even the United Nations. UN Refugee Agency, UNHCR, said it was “profoundly concerned”, as the legislation would extinguish the right to seek refugee protection in the United Kingdom for those who arrive irregularly, "no matter how genuine and compelling their claim may be".

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“Most people fleeing war and persecution are simply unable to access the required passports and visas…This would be a clear breach of the Refugee Convention and would undermine a longstanding humanitarian tradition of which the British people are rightly proud.”

Illegal migrants making 'spurious' human rights claims to stay, PM says

Sunak claimed that once here, illegal migrants could make any number of “spurious” human rights claims to frustrate their removal.

If they knew they could no longer do that, “the boats will stop”, the Prime Minister said.

“That is why today we’re introducing legislation to make clear that if you come here illegally, you can’t claim asylum. You can’t benefit from our modern slavery protections… and you can’t stay.”

People would be detained and removed from the country within weeks, he said, and they would then be banned from ever returning - just like they would in the US or Australia.

“This is how we will break the business model of the people smugglers. This is how we will take back our borders.”

Sunak confident he can deliver on promise to stop the boats

Rishi Sunak confirmed that the legislation would apply retrospectively, affecting everyone arriving in the UK illegally from Tuesday.

Sunak said the UK would be “constrained” in its ability to take in refugees if he cannot reduce unauthorised crossings of the Channel.

He told his Downing Street press conference: “If we can’t stop the boats our ability to help genuine refugees in future will be constrained. Full control of our borders will allow us to decide who to help, and to provide safe and legal routes to those most in need.

“I understand there will be debate about the toughness of these measures. All I can say is we’ve tried it every other way and it has not worked.”

Asked if he would have failed if he had not “stopped the boats” by the next general election, Rishi Sunak said: “I wouldn’t be standing here if I didn’t think that I could deliver on this promise.”

Sunak queried on whether bill lacks compassion

One reporter asked whether the new bill was in line with Britain’s traditions of compassion. Sunak answered: “What is not compassionate is to allow the current situation to persist.

“There is nothing compassionate about allowing vulnerable people to perish in the Channel. People being exploited by criminal gangs and smugglers.

“I want to move to a system where we break that cycle, we deter people from coming here illegally, jumping the queue, and actually, we as a country can then make sure that we decide who we bring here, how many and make sure we target that compassion, generosity and support on the world’s truly vulnerable.”

PM says UK up for a fight with humans rights convention, if need be

On potentially coming into conflict with the European Convention on Human Rights - which has previously grounded a flight of asylum seekers bound for Rwanda - Sunak said they were “up for the fight” against any legal challenges to his plans to tackle Channel crossings.

“Of course we’re up for the fight, I wouldn’t be standing here if we weren’t. But we’re confident that we’ll win.”

He said there is “absolutely nothing improper or unprecedented” about pursuing Bills with a warning that they may not be compatible with the European Convention on Human Rights.

“We believe we are acting in compliance with international law, in compliance with the ECHR, and if challenged, as you may well be right, we’ve seen in these matters we do get challenged, we will fight that hard because we believe we’re doing the right thing and it is compliant with our obligations,” he added.

UN "profoundly concerned" over bill

The United Nations Refugee Agency, UNHCR, says it is “profoundly concerned” by the Illegal Migration Bill.

“The legislation, if passed, would amount to an asylum ban – extinguishing the right to seek refugee protection in the United Kingdom for those who arrive irregularly, no matter how genuine and compelling their claim may be, and with no consideration of their individual circumstances,” the UNHCR said in a statement.

“Most people fleeing war and persecution are simply unable to access the required passports and visas…This would be a clear breach of the Refugee Convention and would undermine a longstanding humanitarian tradition of which the British people are rightly proud.”

Braverman confident Bill won't break law

Suella Braverman has done her first broadcast round since she became Home Secretary last year, following yesterday's announcement of the Illegal Migration Bill. She has insisted it did not break the law despite admitting there is a more than 50% chance the legislation may not be compatible with the European Convention on Human Rights (ECHR).

She told Sky News: “We’re not breaking the law and no government representative has said that we’re breaking the law.

“In fact, we’ve made it very clear that we believe we’re in compliance with all of our international obligations, for example the Refugee Convention, the European Convention on Human Rights, other conventions to which we are subject.

“What’s important is that we do need to take compassionate, but necessary and fair, measures now because there are people who are dying to try and get here.

“They are breaking our laws, they are abusing the generosity of the British people and we now need to ensure that they are deterred from doing that.”

UN refugee agency condemns small boats plans

The United Nations’ refugee agency has urged MPs and peers to block Rishi Sunak’s “profoundly” concerning plan to tackle small boat crossings.

The UNHCR said the Illegal Migration Bill amounted to an “asylum ban” which would prevent people fleeing war and persecution from seeking refuge in the UK.

“We urge the government, and all MPs and peers, to reconsider the Bill and instead pursue more humane and practical policy solutions,” the agency said.

Gary Lineker to be 'spoken to' over tweet

Match of the Day presenter Gary Lineker differs from many BBC hosts in that he tends to say exactly what he thinks on social media, and his latest tweets have landed him in a spot of bother.

He compared the illegal immigration plans to "Nazi Germany" - which has predictably caused fury among Tory MPs.

Prime Minister's questions kick off

Prime Minister's Question Time has kicked off in the House of Commons.

Leader of the Opposition Sir Keir Starmer is the first to query Prime Minister Rishi Sunak on the new Illegal Migration Bill. Starmer said in the last decade, the Conservatives have introduced five plans to tackle illegal immigration, and none had worked.

“The problem just gets worse with every new gimmick. The Home Secretary says the public are sick of tough talk and inadequate action.” He asked Sunak: “Does he agree with her assessment of this Government’s record?”

Sunak responds: "we're not alone in facing these challenges"

Sunak said Starmer failed to recognise that this was a global migration problem. “We are not alone in facing these challenges,” he said. The party had brought forward these new plans precisely because the problem was escalating so much across Europe, he said.

What they hadn’t heard, Sunak said, was Labour’s plan for tackling the crisis. “We know what it is, it’s open door immigration and unlimited asylum. Whilst he may be on the side of the people smugglers, we’re on the side of the British people.”

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