Top Tory MPs have criticised the government’s attempt to push the Illegal Migration bill, after the bill successfully passed through the House of Commons by a vote of 289 to 230. The bill allows for refugees arriving illegally to be kept in detention indefinitely, before being deported to their home country or a “safe third country.” It has been deemed a breach of the UK’s obligations under international law. The government has resisted amendments that would exclude pregnant women and children from detention. The bill now goes to the House of Lords, where it is likely the Bill will continue to face strong opposition.
Theresa May and Geoffrey Cox were amongst the Conservative MP’s to criticise the bill. According to May, “this bill will leave more people, more men, women and children, in slavery in the UK.” Whilst the government has rhetorically taken a strong stance against illegal human trafficking, the current bill means that even if those arriving via irregular means are deemed to be victims of human trafficking, they will be barred from seeking asylum or leave to remain. The Joint Council for the Welfare of Immigrants have noted that this places victims at “face exponentially greater risk of workplace exploitation and of falling back into the hands of their traffickers.”
Former attorney general Geoffrey Cox said, the bill would “give legislative sanction to at least the possibility that a minister of the crown will deliberately disobey this country’s international law obligations.” He questioned the utility of the amendments that would give ministers the legal right to disregard “interim measures.” Interim measures are protections afforded by the European Court of Human Rights, allowing for the temporary suspension of an asylum seeker where there is a risk of death or serious harm. Such measures were used to halt the first planned deportation of asylum seekers to Rwanda in June of 2022.
The bill has previously drawn criticism from the United Nations High Commissioner for Refugees, who have pointed out that it effectively extinguishes the right to asylum to all but a few, and breaches the UK’s duties under the Refugee convention. Whilst the government pursues further criminalisation of those arriving on UK shores illegally, especially those arriving via small boats through the English Channel, it has yet to pursue the creation of safe or legal routes.
The bill comes amidst increased criticism of the condition of migrant detention centres. The Guardian released a report yesterday revealing that migrants were attempting suicide and self-harm at concerningly high levels at Brook House, an immigration detention centre near Gatwick airport.
