Source · Select Committees · Human Rights (Joint Committee)
Recommendation 108
108
Rejected
The Helen Bamber Foundation and Asylum Aid state the public order disqualification under the Nationality...
Conclusion
The Helen Bamber Foundation and Asylum Aid state the public order disqualification under the Nationality and Borders Act 2022 is already broad and is catching levels of behaviour that fall below the appropriate threshold for depriving a victim of protections. For example, “Asylum Aid recently represented a claimant, ‘EO’, whose case demonstrates just how wide reaching the impact of this provision can be. An extremely vulnerable 140 JCHR, Legislative Scrutiny: Illegal Migration Bill 12th Report of 2022–2023, para 53 141 Letter from Sarah Dineley, Deputy Chief Prosecutor at the CPS to Lord Alton, Chair of the JCHR, dated 5 June 2025, Q6 142 Section 45 Modern Slavery Act 2015 143 After Exploitation, BSAI0009, p4 40 survivor of sexual exploitation, EO was sentenced to 12 months in prison for a single offence–fraud–over 10 years ago. Despite being assessed as posing a very low risk to the public by a probation officer, she was still subject to a public order disqualification until Asylum Aid brought a legal challenge to that decision.”144
Government Response Summary
The government defends the public order disqualification under NABA 2022 and the retention of Section 29 of the IMA 2023, stating it is compliant with international obligations and necessary for public order, effectively rejecting the committee's implied concern about its broadness.
Government Response
Rejected
HM Government
Rejected
As noted above, the Government is committed to ensuring an effective immigration and asylum system and has retained certain measures of the IMA 2023 where they have been assessed as beneficial to that aim. The Bill repeals the vast majority of modern slavery provisions in the IMA 2023, including those linked to the ‘duty to remove’. The sole modern slavery measure being retained (section 29) would, if commenced, bring all foreign national offenders into scope for mandatory consideration of disqualification from modern slavery protections on public order grounds. This process for disqualification, the Public Order Disqualification (POD), exists already under section 63 of the Nationality and Borders Act 2022 (NABA 2022), as noted by the Committee’s report. Section 63 enables victims or potential victims of modern slavery to be disqualified from the protections against removal, modern slavery specific assistance and support, and any requirement to grant limited leave to remain under section 65 of NABA 2022 if they are a threat to public order or have claimed in bad faith. The changes to section 63 that would be made by section 29 of the Illegal Migration Act 2023 would create a duty on competent authorities to apply the POD to foreign national offenders, unless the competent authority considers there are compelling circumstances that mean the POD should not apply to the person. Foreign national offenders with prison sentences of any length would be considered a threat to public order, and would be eligible for disqualification from the protections and support of the National Referral Mechanism (NRM). Cases would continue to be determined on a case-by-case basis. While section 29 has not yet been commenced, it is appropriate to retain it at this stage, so that it can be considered alongside the Government’s wider plans for modern slavery reform. The Council of Europe Convention against Trafficking of Human Beings (Article 13) allows for withholding of support on the grounds that an individual poses a risk to public order or where it is found that victim status is being claimed improperly. The POD is therefore compliant. The changes that section 29 of the IMA 2023 would, if commenced, make to section 63 of the NABA 2022 are also entirely consistent with Article 4 of the ECHR (Prohibition of slavery and forced labour).