The nationality and borders bill begins the committee stage of its passage through parliament this week, with sittings on 19 and 21 October. It is expected to return to the Commons on 4 November. I have written previously about the provisions of the bill and the negative impact they will have of those seeking asylum in the UK.
Nationality and borders bill breaches international law
The bill will:
- Criminalise those who come into the UK without prior authorisation, accompanied by an automatic assumption of criminal detention prior to cases being heard.
- Criminalise those who assist migrants at sea.
- Reduce refugee rights to public services, including health and education for those the UK is unable to refuse entry or protection.
- Enable an annual review of all those who have applied for asylum with the intention of returning the refugee, no matter how long they have lived in the UK or at what age they entered the country.
- Allow the UK to pay for other countries to detain and process asylum claimants.
There is universal opposition to the bill from organisations working with refugees, for example the Refugee Council, the Red Cross and Refugee Action. The government’s stated aim of deterring people smuggling is challenged by organisations such as anti-slavery. Organisations working with trafficked women and girls, such as Women for Refugee Women, are concerned about the bill’s potential to increase violence against women and gender-based trafficking.
The international community and lawyers in the UK have condemned the proposals as being in breach of the Refugee Convention and the European Convention on Human Rights and the joint opinion commissioned by Freedom from Torture, published on 7 October, is unequivocal in its conclusions that the bill breaches international law.
Widespread opposition to the bill
The government’s proposals were set out firstly in the Conservative Party conference in October 2020. A consultation document was issued in March 2021 and legislation was published on 6 July without the government waiting for the consultation responses to be fully analysed and published (11 July). Some elements of the bill were not included in the consultation document such as ‘push backs’ in the sea, coupled with the requirement to make an asylum application only at a designated place (which, combined, appears to be designed to prevent an application being made).
In the consultation summary the government noted that “three quarters of those who responded said they opposed many of the policies set out in the New Plan for Immigration”, as did those who had experience of the asylum system, but it was going to continue with the plans irrespective of the voices of those most impacted by them.
Opposition centred on:
- The lack of legal and safe routes and the absence of detailed proposals or numbers.
- The ending of family reunion provisions.
- The likely failure of proposals to impact on criminality, particularly people smuggling.
- Criminalising refugees arriving in the UK without authorisation.
- Criminalising and prison sentences for those who help refugees at sea.
- The unfairness and cruelty of the ‘the accelerated detains appeals route’ (detain on arrival and deport quickly without appeal as ineligible for asylum in the UK having come through an unauthorised route – and therefore automatically a criminal).
The proposed legislation is complex. Refugee and asylum legislation is governed by international law, including maritime law, UN conventions (to which the UK is a signatory), international agreements and protocols and various national and international courts including the European Court of Human Rights. If the bill passes into law we can expect many years of litigation. An overview of likely legal challenges can be found here.
Week of action
Together with Refugees is a coalition of over 300 community and international refugee groups, international trade unions and faith organisations, that is engaged in a week of action (October 18–24) to protest the bill using the hashtags #TogetherWithRefugees and #AntiRefugeeBill on social media. As part of the campaign, individuals and groups are asked to take pictures of themselves with the together with refugees heart and post them on social media.
Yorkshire members include Bradford, Ripon, Sheffield and York Cities of Sanctuary, Abigail Housing, BIASAN, and Upper Wharfedale Refugee Support Group. Events over the week include a rally at Leeds City Square on 22 October, 5-30pm.
There will be a major rally outside the Westminster parliament between 4.30 and 6.30pm on 20 October.
The week will also involve a letter writing campaign to MPs and local newspapers.
Please join in and help where you can.
