Major government climbdown on small boats bill ahead of crucial vote

Ministers offer concessions on detention of children and pregnant women, but still face battle in parliament

Rishi Sunak and his home secretary Suella Braverman have vowed to ‘stop the boats’ (AFP/Getty)

The government is offering concessions on some of the most controversial parts of its small boats bill ahead of a crucial vote in the House of Commons.

Peers shredded the Illegal Migration Bill, which would allow the detention and deportation of all Channel migrants without their claims being considered, in a series of late-night votes in recent weeks.

They backed a total of 20 amendments, including limiting the power to detain asylum seekers and attempting to force the government to uphold human rights laws and create more safe and legal routes.

Several of the changes were vocally backed by Conservative peers, while rebel Tory MPs have also been exerting pressure to soften some of the bill’s most radical moves.

In a bid to strengthen its position ahead of a House of Commons vote on Tuesday, the government has put forward a series of amendments in areas of core concern.

Ministers are hoping to avoid a protracted battle with peers, known as parliamentary “ping-pong”, so they can pass the Illegal Migration Bill before the summer break.

The Independent revealed that a huge restructure began in the Home Office last month on the assumption that the new laws would be implemented in September, and any delay is expected to cause significant costs and logistical issues in the department.

Ministers are dropping an attempt to create unlimited powers to detain pregnant women, and reverting to the current 72-hour bar.

An amendment forcing that change had been overwhelmingly backed by the House of Lords, as had a separate clause limiting the detention of children.

The government will reduce its power to hold unaccompanied child asylum seekers without bail to eight days, although the period is still longer than opposition politicians and charities called for.

The original bill gave the power to detain all small boat migrants for a minimum of 28 days, or and longer if the home secretary believes it “is reasonably necessary”.

Government minister Lord Murray told the House of Lords the powers were necessary to effect deportations, but since the Rwanda deal was ruled unlawful there is currently nowhere to send asylum seekers.

The government is aso partially conceding to opponents of its unprecedented attempt to apply the Illegal Migration Bill’s powers to any small boat migrants who arrived after it was presented to parliament in March.

It means the new “legal duty” to detain and deport them will not kick in until the bill passes and receives royal assent, although the proposed ban on re-entry to the UK, settlement and citizenship will still apply retrospectively.

Home secretary Suella Braverman said: “This bill forms a crucial part of our action to stop the boats and ensure people do not risk their lives by making illegal and unnecessary journeys to the UK.

“Today’s amendments will help this crucial legislation pass through parliament swiftly, whilst continuing to send a clear message that the exploitation of children and vulnerable people, used by criminals and ferried across the Channel, cannot continue.”

Even with the concessions, opposition MPs and peers are expected to continue fighting for a series of other changes to the bill, including putting a legal duty on ministers to create safe and legal routes to the UK for refugees and bolstering enforcement against people smugglers.

The House of Commons will also be considering an amendment to restrict the deportations of LGBT+ asylum seekers to countries where they may be persecuted, and another saying the powers cannot conflict with the UK’s obligations under the UN Refugee Convention, European Convention on Human Rights and other agreements on children’s rights, trafficking and statelessness.

Peers also backed a move to force the government to consider the asylum claims of anyone not deported within six months, and an exemption for trafficking victims from detention and deportation.

An official impact assessment for the bill said it will cost an estimated £169,000 to deport each asylum seeker, but that it was unclear how many would be removed or if the move would deter enough Channel crossings to be value for public money.

The only existing deal is with Rwanda, and flights remain suspended as the government awaits the final stage of its legal battle at the Supreme Court.