partytracker.uk — a sourced record of what Britain's political parties say and do, party by party, with every entry linked to a primary source

What Britain's parties say and do in public, recorded from the source.

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Labour Party

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Latest entry 4 Nov 2026

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Reform UK

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Scottish National Party

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Plaid Cymru

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12,832 spoken contributions under 12 words (interjections such as “Will the hon. Member give way?”) are hidden. Show them

  1. ParliamentLabourBlair McDougall

    Advanced Manufacturing Sector

    My hon. Friend is absolutely right to highlight the huge opportunities for manufacturers on the Isle of Wight. We are determined to use procurement strategically, as other nations do, to back British industry. It is particularly important with shipbuilding. We are expanding the role of the National Shipbuilding Office to oversee that. The renewed investment in defence and shipbuilding will create opportunities across the maritime supply chain, including for the Wight Shipyard Co. and other island manufacturers.

    Hansard source
  2. ParliamentLabourBlair McDougall

    Place-based Business Cases

    Place is central to the industrial strategy. We have been working with Plymouth and the south-west peninsula to support the development of distinctive nationally significant clusters. I visited Plymouth and Cornwall earlier this year to meet the freeport, understand the opportunities around marine autonomy and see for myself Cornwall’s incredible critical mineral potential.

    Hansard source
  3. ParliamentLabourBlair McDougall

    Place-based Business Cases

    My hon. Friend and the other Cornish Labour MPs are incredible advocates for critical minerals and their potential in the UK. Projects in that part of the world are essential to our ambitions. We are supporting lithium projects in Cornwall, including through an offer in principle of £9.8 million through DRIVE35 for Geothermal Engineering Ltd, as well as a £31 million equity investment in Cornish lithium through the National Wealth Fund. We will continue to work to ensure that we keep more of that value in the UK.

    Hansard source
  4. ParliamentLabourBlair McDougall

    Topical Questions

    I, too, was in Scunthorpe recently meeting British Steel management and the unions. The positive news we can give them is that Alan Lovell is now in place as chair, and he is working hard to stabilise operations, improve health and safety, and develop the long-term plan that the hon. Gentleman has worked so hard on with to achieve.

    Hansard source
  5. ParliamentLabourBlair McDougall

    Topical Questions

    My hon. Friend is a great champion for that sector. The British industrial competitiveness scheme is now open. In addition, we will be reviewing the British industry supercharger later in the year and we will be working closely with the food manufacturing sector as we do that.

    Hansard source
  6. ParliamentLabourBlair McDougall

    Topical Questions

    I thank my hon. Friend for his consistent support for the refining industry. I have been meeting with the industry this week to discuss issues such as the energy issues that he mentions. We recognise that the sector faces real challenges. The work to consider the impacts and the feasibility of bringing refined products, for example, into the scope of the UK carbon border adjustment mechanism is ongoing, and we will certainly continue to engage with him on energy costs and other issues.

    Hansard source
  7. ParliamentLabourBlair McDougall

    Topical Questions

    I spent a fantastic day with the aerospace industry last week. Over and over again, they spoke so enthusiastically about the Aerospace Technology Institute and the investment that we are putting into the sector. I pay tribute to the company that my hon. Friend mentions in her constituency. Advanced manufacturing of all sorts is one of the things that we are really great at in this country, which is why we are backing it with the industrial strategy.

    Hansard source
  8. ParliamentLabourBlair McDougall

    Topical Questions

    My hon. Friend is a constant advocate for the Grangemouth site. Last night, I and my officials met representatives of the National Wealth Fund and the Office for Investment to push forward on this. We have a taskforce meeting on Monday at which, among other things, we will be pushing for faster action to prepare the groundwork for investment, so that we can deploy the £200 million from the National Wealth Fund that we have set aside.

    Hansard source
  9. ParliamentLabourBlair McDougall

    Topical Questions

    We will absolutely discuss that. As my hon. Friend knows—because he talks to me about this issue at every available opportunity—we are determined to make sure that more of the value of that entire process remains in the UK, which is why we are putting £50 million on the table for exactly that sort of development work.

    Hansard source
  10. ParliamentLabourBill Esterson

    Rogue Traders

    8. What steps he is taking to help protect consumers from rogue traders.

    Hansard source
  11. ParliamentLabourBill Esterson

    Rogue Traders

    My constituent Joanne paid £11,000 for a new kitchen. Her house was left in a terrible state and she was unable to get the builder to return to rectify the substandard work. It also turned out that he was associated with 21 other companies mostly in the building trade, many of which have been dissolved. The Minister mentioned quite rightly the new code for the home improvement sector, which will give confidence to consumers and support to reputable traders. Is more not needed to go after the cowboy builders to ensure that constituents such as Joanne can get the remedy that they so need?

    Hansard source
  12. ParliamentLabourBen Goldsborough

    Immigration and Asylum Bill (Fifth sitting)

    What is interesting about the subsections that the Minister has gone through is that one of the huge problems we face is the judicialisation of British law, where we see interpretation because the law has been too loose. Will she explain how the steps that we are taking will rein those powers back into the sovereignty of Parliament, so that we have more control and can represent our constituents on the issues that they care about the most?

    Hansard source
  13. ParliamentLabourBen Goldsborough

    Immigration and Asylum Bill (Fifth sitting)

    I would be keen to hear the Minister expand on the issue of safeguarding particularly for victims of domestic abuse and domestic violence. Can she expand on the action the Government will be taking to protect people from that heinous crime?

    Hansard source
  14. ParliamentLabourBen Goldsborough

    Immigration and Asylum Bill (Fifth sitting)

    I know that the Opposition place a lot of emphasis on the Lord Wolfson report on leaving the ECHR entirely, but that report states that doing so would terminate part 3 of the UK-EU trade co-operation agreement that was secured by the hon. Gentleman’s party, meaning that we would leave Eurojust, Europol and fast-track expedition frameworks. All that puts us at risk of not being able to manage the immigration system in the fair and transparent way that our constituents want. Does he not agree?

    Hansard source
  15. ParliamentLabourBen Goldsborough

    Immigration and Asylum Bill (Sixth sitting)

    As the hon. Member very kindly name-checked my speech yesterday, I need to thank him first of all. He says there is no issue of “Lock, Stock and Two Smoking Barrels” when leaving the ECHR, but there is an issue concerning our colleagues and friends on the island of Ireland. What would be the result of leaving the ECHR when it comes to the Good Friday agreement? There is no question about it: Lord Wolfson may say that there may or may not be an issue with that, but the Irish Human Rights and Equality Commission has noted that there would be an issue, and we have the history as well. Anything that comes back with this idea that, “Well, Australia and New Zealand don’t operate within these systems,” does not take into account the history of the island of Ireland.

    Hansard source
  16. ParliamentLabourBen Goldsborough

    Immigration and Asylum Bill (Sixth sitting)

    If we followed the hon. Lady’s line of thinking, my concern is that we would leave section 117B of the Nationality, Immigration and Asylum Act 2002 completely unamended, which would mean that there is no clarity—not just for the state and our constituents, but for those going into the system who may be seeking refuge. Is there not also a moral case? If we leave this be, we will end up in a muddle, which will mean that backlogs continue to grow, people do not get the surety of an answer and the immigration and asylum system will not have the confidence of the public.

    Hansard source
  17. ParliamentLabourBen Goldsborough

    Immigration and Asylum Bill (Sixth sitting)

    I thank the hon. Lady, who is being very generous with her time. It is important for us to hammer home that, through the Bill, we are passing legislation for all eventualities. I wish that everyone coming here was squeaky clean and had the best intentions in the world, but we have to pass legislation that takes those with bad motivations into account. Will she respond to that?

    Hansard source
  18. ParliamentLabourBell Ribeiro-Addy

    Business of the House

    I chair the all-party parliamentary group for Afrikan reparations, and this Saturday 17 October will be our fourth annual conference. It has been an eventful year in the global campaign: the UN declared the trafficking of enslaved Africans as the gravest crime against humanity; the King referred a petition from Jamaica to the Privy Council; and a UK representative even spoke at a UN General Assembly side event on restitution. However, the Foreign, Commonwealth and Development Office still has not accepted our invitation to address the conference. Given the changing global landscape and the likely focus at the upcoming Commonwealth Heads of Government summit on reparations, will the Leader of the House encourage his colleagues to send a Minister or at least to let us know when we might expect a slightly changed statement on the Government’s evolving position on reparatory justice?

    Hansard source
  19. ParliamentLabourBecky Gittins

    Business of the House

    On Saturday, I will be addressing a conference of co-operative movement members in Wales, and next year is the 100th anniversary of the partnership between the Labour party and the Co-operative party—a milestone that will be celebrated by having a Co-operative Prime Minister in No. 10. Will the Leader of the House therefore make time on the Floor of this House for a debate both celebrating that achievement and looking at how we can grow the co-operative movement, not least to the benefit of the members in Wales?

    Hansard source
  20. ParliamentLabourAshley Dalton

    National Care Service

    This House knows that in recent months, the issue of end-of-life care has been at the forefront of our discussions and debate. Will the Minister tell us how the national care service will dovetail with end-of-life care and support families and those at the end of their lives?

    Hansard source
  21. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    I beg to move amendment 130, in clause 17, page 13, line 30, leave out from “claim’” to “, at” in line 32. This amendment and amendment 131 are consequential on the repeal of section 12 of the Immigration and Asylum Act 2006 (which was never commenced) by the Schedule inserted by NS1.

    Hansard source
  22. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    It is good to see you again this morning, Mr Stuart, and good morning to all colleagues. We start our debate by moving on to part 2 of the Bill, which relates to article 8 of the European convention on human rights. Article 8, the right to a family life, is an important protection, but it is a qualified right. That means that it can be balanced against a public interest—such as the safety of the community or the security of our borders—where that outweighs an individual’s personal rights. We will not step away from our belief that the right to family and private life must be respected and upheld. However, we have been clear that we must strike the right balance between the rights of the individual and fairness to the UK public, and, crucially, bear down on abuse of the system. As set out in our impact assessment, each main applicant granted first time on article 8 grounds carries an estimated lifetime cost to the taxpayer of about £141,000, equating to approximately £4.9 billion for those granted in 2025 alone. Home Office analysis suggests that 71% of first-time grants on the basis of article 8 were to individuals who had entered illegally and/or overstayed. If the same applied to the estimated 42,000 first-time grants in 2025, this would mean that 30,000 overstayers and illegal entrants would have been allowed to stay last year on the basis of article 8. Between 1 April 2016 and November 2021, of 1,011 foreign national offender deportation appeals allowed on human rights grounds, 70% were solely on article 8 grounds. And with 77,000 applications granted on article 8 grounds last year, this is having a significant effect on our ability to enforce our immigration laws. Therefore, in this Bill, we are changing how article 8 is applied in the UK immigration system, to restore public confidence and ensure that the UK application of rights is in line with the Strasbourg court. The application of article 8 will be tightened to prevent misuse of the system and ensure that the public interest in maintaining effective immigration control carries proper weight in immigration decisions. As my right hon. Friend the Home Secretary has made clear, the abuse of human rights law does not just erode the public’s support for our immigration system; it erodes their support for the very idea of having such laws at all. For those who believe that those laws matter, it is essential that we reform them to end their abuse. The reforms will put more emphasis on compliance with our rules and contribution to our economy and to our society. Clause 17 aims to bring greater clarity and control to entry clearance applications that engage article 8, protecting genuine family relationships while preventing weak or tenuous claims from undermining public confidence. Taken with the reforms in clauses 18 and 19, which we will come to in forthcoming groups and which tighten key elements of the article 8 assessment, it strengthens our ability to enforce the immigration rules and create a fairer, more controlled system. The clause amends the definition of a human rights claim in the Nationality, Immigration and Asylum Act 2002 to create a “sponsor human rights claim”. This will lay the foundations to allow UK-based sponsors to make an entry clearance application for an overseas family member to join them in the UK if the application relies on the sponsor’s article 8 right to family life. It will also enable the sponsor to appeal to the immigration tribunal if the Home Office refuses their application. I want to be very clear that only individuals with a specified status, including British citizens and those with other lawful residence, will be able to make a sponsor human rights claim. They need to establish a genuine family life claim and show that refusal would disproportionately interfere with their article 8 rights. These reforms do not create a new migration route or entitlement to come to the UK. They simply ensure a correct process that is based on the UK sponsor, not the family abroad. The clause will affect sponsors who wish to rely on article 8 family life because their family member does not meet the entry clearance requirement under the family routes and immigration rules. Enabling the UK-based sponsor to apply will focus attention on the circumstances and article 8 rights of the sponsor, rather than the overseas family member. This reflects the established legal position that it is the sponsor who is within the UK jurisdiction for the purposes of article 8 decision making. The focus on the rights of the UK sponsor is intended to reduce expansive interpretation of where article 8 rights are found to exist, and to prevent article 8 becoming a route for those with tenuous family links to the UK. Too often, the focus can be on the circumstances of the applicants abroad, whereas the main legal question should be whether there is a disproportionate interference with the family life of the UK-based sponsor.

    Hansard source
  23. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    I thank my hon. Friend for asking a really important question, because it is right that we clarify this matter. The clause does not make it easier for overseas family members to enter the UK. Sponsors will still need to meet a very high threshold to argue successfully that it would be a breach of their article 8 rights if the Home Office refused their family member entry to the UK. Strict requirements for the procedure sponsors must follow to make an application, which will be set out in the immigration rules. The focus on the rights of the UK sponsor is intended to reduce expansive interpretation of where article 8 rights are found to exist, and to prevent article 8 from becoming a route for those with tenuous family links to the UK. Too often, the focus can be on the circumstances of the applicants abroad, whereas the main legal question should be whether there is a disproportionate influence on the family life of the UK-based sponsor.

    Hansard source
  24. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    The hon. Member makes a really important point. That is why we are trying to narrow the definition to those who are here in the UK, because for far too long it has been on the basis of a very tenuous link that family members can put in a claim from abroad to come to the UK. This measure narrows that definition while still ensuring that we maintain our obligations under article 8 rights. The recent Court of Appeal judgment in IA and others v. Secretary of State for the Home Department provided helpful clarification around the correct tests to determine where article 8 family life exists, especially between extended family members. However, the judgment addressed an issue with article 8 family life being applied to a broader set of circumstances and relationships, which risked undermining our systems and rules. Despite these helpful findings, there remains a risk of inconsistent decision making, where the primary focus is not on the article 8 rights of the family member in the UK—the person within the UK’s jurisdiction according to ECHR case law. The clause will add greater weight to the findings of the Court of Appeal and bring more clarity to decision making for entry clearance cases that engage article 8 family life. In IA, the Court of Appeal also reaffirmed the importance of the Government’s immigration policy when striking the right balance between an individual’s rights and the public interest. In combination with the reforms in clauses 18 and 19, clause 17 makes it clear where the Government’s policy position lies in relation to the application of article 8 and where the Government expect the rules to be enforced. This will create a clearer, fairer and more controlled system. Details of the application process, including forms and evidential requirements, will be set out in immigration rules and supporting guidance. Given the complexity of the clause, I will give Members an overview of each subsection. Subsection (1) creates a “sponsor human rights claim” in law by adding to the existing definition of a human rights claim at section 113 of the Nationality, Immigration and Asylum Act 2002. This has the effect of permitting a UK-based sponsor to appeal against a decision to refuse a human rights claim for their overseas family member. That is the starting point for future changes to the rules, forms and guidance. Subsection (2) explains that further amendments are required to the 2002 Act for the clause to operate properly. Those changes are set out in subsections (3) to (7). Subsection (3) makes changes so that a sponsor human rights claim cannot be deemed inadmissible or not suitable to be considered, which is necessary because reforms in the clause mean that the UK sponsor is the applicant, not the overseas individual requiring entry clearance. As I will cover in relation to amendment 95, it would be inappropriate simply to refuse to consider a human rights claim because the UK sponsor is a national of a safe country. Such safeguards are designed to prevent improper protection claims from nationals of those countries. Subsection (4) makes further changes linked to the fact that the clause makes the sponsor the applicant, not the person overseas. In effect, at appeal, the courts will hear all matters relating to the family member seeking entry to the UK and not include any immigration matters related to the sponsor. Subsection (5) creates an exception so that sponsor human rights claims do not need to have their appeals considered within the timeframe set out in the statute. That is because an individual will not be able to act as a sponsor if they are liable to deportation action. Subsection (6) prevents a sponsor human rights claim being certified and denied an appeal simply because the UK-based sponsor is entitled to live in a safe state, primarily European countries. That would not be a fair application of the power where a right to family life was being relied on. The clause does not prevent a claim being refused and denied an appeal where the matters under consideration are clearly unfounded, for example because the relationship was a sham. Subsection (7) ensures that sponsor human rights appeals are not treated as abandoned or cancelled because the UK sponsor holds permission to be in the UK. Instead, an appeal is abandoned if the overseas family member is granted leave to enter or remain in the UK.

    Hansard source
  25. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    My hon. Friend makes an important point. Basically, anyone who is a British citizen will be eligible to become a sponsor, I believe. Forgive me, I did not want to mislead her by getting the wrong answer, but yes, I was right: individuals with specified status in the UK, including British citizens, settled persons and those with certain other lawful residence will be able to make a sponsor human rights claim. They will need to establish a genuine family life claim—we will talk about that in more detail in the following clauses—and show that refusal would disproportionately interfere with their article 8 rights. As I said, the reforms do not create a new migration route or entitlement; they simply ensure that human rights claims for those who are settled British citizens, settled persons and those with residence here are raised and considered through the correct process. I thank the hon. Member for Mid Bedfordshire for tabling amendment 94. It would enable the Home Office to designate a place only when a sponsor human rights claim can be made via statutory instrument subject to the affirmative procedure. The Bill does not require the definition of a designated place to be the subject of regulations, as there are currently no plans to specify the geographical place from where such claims can be made. The focus of article 8 is on whether the individual in the UK making a sponsorship claim has a strong enough claim, not where the family is based. That is because a UK-based sponsor will be expected to make their claim through a paid-for online application. We will use the immigration rules to specify the procedures that applicants must follow to make a sponsor human rights claim. That will allow us to go into the necessary level of technical detail, while retaining flexibility to make changes as we implement the new application process.

    Hansard source
  26. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    My hon. Friend gets to the exact heart of what we are doing with this legislation. Through the build-up of the legal framework, we have been guilty of over-interpreting Strasbourg law. By codifying what we are doing, through this Bill, we are ensuring that we are not going over and above that but are simply complying with our international obligations.

    Hansard source
  27. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    That is an important point. I will be delighted to provide more evidence as we go through due process. We must make sure that they are proportionate and do not push people into poverty, but it is important that we are charging people a fee where they are bringing family members to this country under article 8. For the reasons I have set out, the Government do not support the amendment. Amendment 112 would require the Home Office to carry out safeguarding checks on individuals who make a sponsor human rights claim and that any information uncovered in these checks is considered when the Home Office determines that claim. I thank the hon. Member for Rutland and Stamford (Alicia Kearns) for raising the importance of safeguarding vulnerable migrants, particularly children and victims of domestic abuse, in this amendment. It is a really important issue and one that will be fully considered in the design and implementation of the application process for sponsor human rights claims. As clause 17 simply paves the way for changing how an entry clearance application relying on article 8 family life can be made, we do not believe this level of detail is required in the primary legislation. The immigration rules already contain safeguards to protect children coming to the UK to join family members who could put them at risk of harm. However, we will fully consider if additional safeguarding requirements are necessary as we develop the procedural requirements for sponsor human rights claims in the immigration rules, because an important point is made through amendment 112. This is a safeguarding proposal that we would support in principle when the application process is designed. I hope that hon. Members are reassured that our support for the principle is on the record through this Committee.

    Hansard source
  28. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    Absolutely. We will of course come on to talk about modern slavery and so on later in the Bill. Protection for vulnerable people is at the heart of what this Bill is about. Where a UK-based sponsor is young or vulnerable and unable to complete an application, they can give permission to someone else to enter their details, but for those who are vulnerable overseas, existing safeguarding measures are already in place to identify any indicators of coercion, exploitation or trafficking. We will of course consider how these measures can be further strengthened to enhance the identification and management of risk, but our approach ensures that vulnerable individuals are protected while maintaining the integrity of the system, through ensuring the rights of UK-based sponsors are the focus of entry clearance decisions that engage article 8. We feel that a blanket rule to prevent individuals who have been convicted of these criminal behaviours would not be compatible with the EHCR, which necessitates an individualised assessment, but we are keen to make sure that safeguarding requirements are done through the immigration rules to protect anyone at risk of domestic abuse from their sponsor.

    Hansard source
  29. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    I share my hon. Friend’s view. When I saw this amendment, I thought the principle was really important. When we come to write the immigration rules, we would absolutely want to make sure that it is at the heart of them. We would not ever want to see someone convicted of domestic violence, anything to do with child protection or any of the issues outlined in the amendment ever being a sponsor to bring anybody into this country. I hope that the Committee is reassured by my placing all of that on record: when the immigration rules come to be written I would hope and expect to see that at the heart of them, with those protections in there.

    Hansard source
  30. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    I cannot give the hon. Gentleman the figures that he asked for. I gave some initial examples at the start of my introduction about the volumes that we are dealing with. Some 77,000 applications were granted on article 8 grounds last year. We know that 71% of the first-time grants on the basis of article 8 were to individuals who had entered this country illegally and were overstaying. We are keen that this issue forms a core part of the reforms.

    Hansard source
  31. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    I can absolutely undertake to provide as much information as I can to the Committee on that issue. We may not know how many children somebody has in another country. Unless they have put in an article 8 claim, we would not necessarily know about their family members, so it may be a little difficult for us to predict that. However, I can undertake, and give my commitment to the Committee, that we will do our best to get as close to a figure as we can and to provide that to the Committee. To continue on the rationale for opposing amendment 112, we already have safeguarding measures in place across the immigration system to identify indicators of coercion, exploitation and trafficking. We will consider whether these measures can be further strengthened to improve the identification and mitigation of risk. Our approach ensures that vulnerable individuals are protected while maintaining the integrity of the system by ensuring that the rights of UK-based sponsors are the focus of entry clearance decisions that engage article 8. Clause 17 does not exempt human rights claims from the general certification power in section 94 of the Nationality, Immigration and Asylum Act 2002, which applies irrespective of whether the claimant can reside in the listed safe countries. That means that we will be able to prevent appeals by certifying human rights claims that are bound to fail. Although it may be relevant to consider whether the UK-based sponsor is able to reside with a family member abroad, that will be done as part of the substantive article 8 assessment.

    Hansard source
  32. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    As I set out at the beginning, it will be those who have a settled status. My understanding is that those that have a settled refugee status will be able to apply. Again, I can get confirmation for my hon. Friend on that point. Amendments 95 and 96 taken together would mean that sponsor human rights claims can be made inadmissible or certified as clearly unfounded in the same way as other human rights claims. Applying section 80A or section 94(3) of the 2002 Act to sponsor human rights claims would preclude, in many cases, a substantive assessment of the claim if the sponsor were a national of, or able to reside in, any of the safe countries listed in the Act. In most cases, it would not be reasonable to refuse to consider a sponsor human rights claim fully, just because the sponsor making it was able to reside in one of those safe countries. For that reason, the Government cannot accept amendment 95. As the Committee will be aware, I have tabled amendments to part 3 of the Bill to insert a new schedule that provides greater clarity on the Government’s approach to the core protection model. We will debate those amendments and the new schedule later in Committee.

    Hansard source
  33. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    My understanding is that it was recognised that we want to use this opportunity to ensure that the security in this process is as firm as possible, and we obviously have a fair amount of work to undertake to do that during the swift passage of the Bill. It is about ensuring that this Committee has the opportunity to consider the amendments and new schedule and that they are brought in at the right stage of the Bill. Some of these things take time, but we are keen for the Bill to close as many loopholes as possible. Without the introduction of new schedule 1 by the Government, amendments 95 and 96 as originally put forward would have the effect of making the nationality of the UK-based sponsor dictate how a sponsor human rights claim was considered. That would also impact British citizens who are dual nationals, even when they were born in the UK and/or are British from birth if they also hold another nationality that is on one of the safe country lists. Amendment 95 would mean that a British citizen who was born in the UK to British citizen parents but who also has citizenship of an EU member state, for example through their grandparents, would have an application to sponsor a family member to join them in the UK under article 8 declared inadmissible. Ireland is an EU member state and is therefore included within the existing section 80A inadmissibility provisions. That currently means that if an Irish citizen claims asylum in the UK, the claim is declared inadmissible and not substantively considered, but amendment 95 would mean that if an Irish citizen, resident in the UK, sought to sponsor a family member to join them in the UK, relying on article 8, that would be declared inadmissible. In contrast, a British citizen who holds no other nationality, or a citizen of a non-EU country or a country not on the section 80A list who is settled in the UK, would be able to sponsor a family member and rely on article 8 of the ECHR. The Opposition originally introduced amendment 96, which would have meant that the nationality of a sponsor would dictate whether any article 8 claim would be presumed to be clearly unfounded. Instead, the Government have adopted the amendment, which now removes the exemption for human rights claims, but does so because, within the new schedule 1, it has also repealed the reference to human rights claims in section 94(3) altogether. That means that the nationality of a person will continue to dictate whether there is a presumption that any protected claim that they make is clearly unfounded, but nationality will not create any presumption in respect of non-protected human rights claims. The Government’s position is that the designation of any country as safe should, quite rightly, relate to protection claims and that article 8 claims based on family or private life will always be person-specific rather than place-specific—a very important difference. The test to clarify the refusal of any claim remains that, without substance, it is bound to fail. That test applies to any claim made by a person of any nationality. Government amendment 96, in conjunction with new schedule 1, does not change the test for certification, but merely removes any presumption of certification for article 8 private or family life claims based on nationality. Government amendments 96, 130 and 131 are consequential and will support the model that the Committee will examine shortly. Amendment 97 would limit appeal rights to the immigration tribunal to sponsors whose article 8 claim relates to a member of their core cohabiting family, as defined in clause 18. The Government do not think that the amendment would be appropriate. ECHR case law is clear that family life is usually confined to, but can exist outside of, the core cohabiting family.

    Hansard source
  34. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    I thank the hon. Members for Mid Bedfordshire and for Isle of Wight East for their very thorough comments. For me, this absolutely explains the benefit of line-by-line discussion of a Bill. There have been important challenges and critiques, and I will do my best to answer as many as I can—I think the shadow Minister must have had more than 20 or 25 questions; I will endeavour to write to him and the Committee on any that I accidentally overlook. I really appreciated the statements from the hon. Member for Isle of Wight East, but I think my hon. Friend the Member for Great Grimsby and Cleethorpes was right: he did stray into clause 18, which we will come to this afternoon. I took note of his views and look forward to responding to some of those later. There is a lot to cover, so I will do my best to race through it. We will have a longer conversation this afternoon about the ECHR, so I will not pre-empt my comments on that. I do want to push back on the accusation that the legislation will not make a difference. At the moment, we have a free-for-all. Courts are basically over-interpreting Strasbourg. There is no real codification in this country of what the right to a family life means, and we are seeing a huge number of cases, as we have discussed. The point of the Bill is to ensure that our provisions will be no different to the position under Strasbourg but will realign the domestic position, because we are currently being far more generous than our international obligations require. I think the Committee can agree that it is important that we do not over-interpret what Strasbourg suggests. I appreciated the challenge from the shadow Minister about the 2014 Act and not reinforcing any previous errors, but the Government provisions reflect more up-to-date case law, which was not captured by that 2014 Act—for example, the weighting provisions, which will apply to all of family life. I hope, and am sure, that we will have more success than the 2014 Act had.

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  35. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    I appreciate my hon. Friend raising that point. We have become a country with pull factors that have encouraged people to this country while asylum claims have been going down across Europe. Ours have not been going down at the same pace, and I think our over-interpretation of some of the Strasbourg laws has been a pull factor. So I appreciate her raising that. I have quite a lot to plough through, so I apologise if there is not a coherent thread to some of these answers. I will try to respond as quickly as possible to as many of the questions as I can. I remind the Committee that, just because family life is established, that does not necessarily mean that the individual will automatically be able to remain in or enter the UK. All cases where family life is found to exist will be considered at the second-stage test, where the courts will have to consider whether it is in the public interest to refuse leave to remain or enter. We will come to the issues that were referred to about mental illness and so on this afternoon, but I am trying to make the point that the partner will still need to meet those substantive tests. On the family circumstances that we discussed, the vast majority of people seeking to bring a partner will have to meet the rules. That means minimum income and English language. The example that the hon. Member for Isle of Wight East gave almost certainly would not meet the bar of a successful article 8 claim, unless there were extremely exceptional circumstances. On the hon. Member’s point about volumes and numbers, I am struggling to understand what he is asking me to do. Anyone in this country who has a family member outside the UK could put in an appeal for this. There is absolutely no way we could know whether anyone in this room may have a child, a dependant or anyone in another country; that is simply not evidence or information that this country would keep.

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  36. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    I completely appreciate where the hon. Gentleman is coming from, because I know he wants to get a sense of how many people could and would apply, but it would be impossible for us to know without knowing the family circumstances of everyone in the country. What we can do is best extrapolate from the applications that have been made as to whether they would fail or pass our new tests. I reassure him that it will be a high bar; the majority will be refused if they and their overseas family members do not meet the rules. Article 8 is a safeguard—that is what the Bill maintains—not a gateway. The shadow Minister, the hon. Member for Mid Bedfordshire, referenced the publishing of the modelling. He referred to the representative sample of 3,252 article 8-related applications. That is an internal sample that has not been published due to personal data sensitivities, but I commit to write to set out our data on article 8 for the Committee.

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  37. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Fifth sitting)

    I appreciate that. I believe the updated impact assessment has been published, but I will double-check. If it has not been published on the website, I am sure that the Clerks or someone in administration will be able to deal with that. I want to draw out some of the figures from the impact assessment. There is to be an additional 3,600 removals a year. We have tried to be realistic and transparent in the impact assessment. We say that there will be 11,700 additional refusals a year. When applied to the net lifetime fiscal cost per applicant, 11,700 applicants would cost the taxpayer more than £1.7 billion, which is a considerable amount. I am sure hon. Members can understand why we are trying to do what we are doing through the Bill. We took a deep-dive cohort analysis to examine the representative sample that I mentioned of 3,252 article 8-related applications. That was to support our policy development. I am afraid that further details of the cohort analysis from the unpublished internal sample will not be available due to personal data considerations, as I mentioned, but I appreciate the importance of further analysis. I have noted that, and we will bring that to the Committee. A question was asked about what assessment has been made of the potential merits of disapplying the Human Rights Act to immigration matters. I remain committed to ensuring that our broader human rights framework is fit for the challenges of today, but there are currently no plans to amend the Human Rights Act. We do not have to withdraw from the ECHR—I will discuss that further this afternoon—or disapply the Human Rights Act to create meaningful reform. We are reviewing our approach to ECHR implementation within the immigration system; that is the intention of the Bill. Articles 8 and 3 address different harms and legal thresholds. We do not expect the reforms to generate an increase in successful article 3 claims. There will be no new rights or entitlements that will make it any easier for people to apply. Indeed, we are codifying the restrictions in the clauses we will discuss this afternoon. Sponsors will still need to demonstrate a very high bar for their family to be able to join them in the UK on the basis of article 8. The Government are keeping under review whether and how to commence the inadmissibility provisions in section 59 of the Illegal Migration Act 2023, which amended section 88 of the Nationality, Immigration and Asylum Act 2022 to include human rights claims. However, those provisions would not be applied to sponsored human rights claims, as in most cases it would not be reasonable to declare a claim inadmissible just because the sponsor could reside in one of the listed safe countries. Clause 17 can be commenced without that, and we can write to Members further with the details.

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  38. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Sixth sitting)

    It is a pleasure to serve under your chairmanship, Mr Twigg. I thank hon. Members for their contributions this afternoon. It has been fascinating to have one side saying that we are not going far enough and the other that we are going too far. I hope that means that we are getting the right balance between what the British people wish to see and allowing for the fundamental human rights we all benefit from. I hope the Chair will indulge me for a moment because I would like to directly address the comments from the hon. Member for Brighton Pavilion. It was unfair and, frankly, quite insulting to suggest that we introduced the Bill to chase rhetoric. I feel very passionately on behalf of my constituents about the importance of the Bill. I know that the hon. Lady and I represent very different constituencies, but she says that there is universal support for refugees. I am sure that she, like me, is watching with horror the masked-up thugs on the streets trying to attack asylum seekers and chasing them out of their accommodation, but when I knock on doors in my constituency, people constantly raise the unfairness of people who seek to exploit our systems, processes and commitment to values like universal human rights, because they can see that those people are not genuine and that they are exploiting our generosity. While we want to fulfil those commitments, it is really important to me that the system has integrity, and that is what the Bill is about.

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  39. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Sixth sitting)

    I do not mean to be rude, but the hon. Lady has had plenty of time. We can pick this up outside the Committee room, but I wanted to get that on the record. Clause 18 introduces a definition of article 8 family life into UK primary legislation for the first time, giving courts and decision makers a more consistent framework to apply to immigration cases. Until now, courts have had to determine the existence and scope of family life on a case-by-case basis, which has resulted in significant variability in outcomes. Article 8 is a two-stage test. First, a decision maker or court must decide if family or private life exists. Secondly, where family or private life is established, they must decide whether interference with it pursues a legitimate aim, such as the interests of public safety or the economic wellbeing of the country, and is proportionate when the nature of the breach is balanced against the public interest of removing an individual or refusing them entry. It is right that article 8 acts as a safeguard to protect genuine family relationships. However, these protections can create opportunities for individuals to rely on weak or peripheral family connections as a basis to remain in or come to the UK. Clause 18 addresses this. It acts in tandem with clause 19 by setting coherent parameters for when family life can be established in line with Strasbourg case law before the strengthened public interest test is applied. It provides a clearer statutory framework for determining whether family life exists for article 8 purposes.

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  40. ParliamentLabourAnna Turley

    Immigration and Asylum Bill (Sixth sitting)

    My hon. Friend is absolutely right. That is why we have seen the extreme examples of people clearly thwarting the system to try to remain. The clause makes clear that family life will normally concern the core cohabiting family unit while retaining provision for cases involving genuine parental relationships or additional elements of dependency. This will narrow the circumstances in which a tenuous relationship with a child, or an extended family relationship involving no more than nominal ties, can be used as the basis of a claim. It will support more consistent decision making while retaining the flexibility required. This is key to restoring order and control to the immigration system, ensuring that if someone does not meet the requirements of our rules, they will not have the right to reside here. Clause 18 makes clear that family life is normally limited to the core cohabiting family unit while preserving flexibility for cases where family life may exist outside of that, aligned with Strasbourg case law. It also clarifies that biological parenthood alone is not enough to constitute family life; there must be evidence of a genuine and subsisting parental relationship. For adult relatives outside the core family unit, financial support, illness, emotional support or concern about conditions overseas will not by themselves establish family life; the relationship must involve true elements of dependency.

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