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Medway

Bob Marshall-Andrews QC
Speeches

Asylum and Immigration (Treatment of Claimants, Etc.) Bill (Programme) (No. 2)

Mr. Robert Marshall-Andrews (Medway) (Lab): I shall be brief because I appreciate that several hon. Members wish to speak. In all the dreary and depressing history of this Administration's assaults on fundamental civil liberties, this measure is the worst by a streak. It is literally incredible that we should come to the House to contemplate removing all the protection of the law from a vulnerable minority who face the possibility of persecution, torture and death.

The measure would never get through this House, let alone the other place, if it affected British people. The only reason why it is being advanced by the Government—otherwise, the Government themselves would not survive—is that it applies to foreigners.

In putting this proposal forward, not only are the Government guilty of an iniquity in the House, but they have turned their back full-square on the long theology of the Labour movement, which has always maintained that justice is not an individual right given to individual people, but a universal—that it applies to us all, and is our greatest collective asset. A diminution of others' rights is a diminution of our rights; what diminishes them diminishes me, and diminishes all of us in this place.

That is why I could never, never vote for anything that even resembled clause 11. I hope and trust that there will be many who will vote against the Bill in the Lobby. I do not suggest for a moment that we will succeed, but when we vote in that way, we will be passing a message to the House of Lords that those who vote according to their conscience in the House of Commons are universal in their determination to defeat that part of this legislation.

We all accept that this is not a numbers game, but a matter of the highest possible principle—but while we are talking numbers, I should point out that in 2002, even given the enormous difficulty of obtaining judicial review and a successful application before the divisional court, the divisional court threw back 260 cases—cases in which decisions had been made that should never have been taken by any reasonable tribunal. Under the regime that will exist if this Bill becomes law in its present form, the people behind those 260 cases, and all their families, would have been sent back to face persecution, torture or death.
 
That is the enormity of what we are being asked to pass. It is my abiding faith in the Houses of Parliament that leads me to believe that at the end of the day, the measure will not pass—that ultimately, it will not pass through this House, and will not pass through the House of Lords either. If we do pass it into law, it will be an object of shame both for this House and for this Government, which they will never, in history, survive.