Nationality and Borders Bill — Clause 40 — Offence of Assisting an Asylum Seeker — 20 Apr 2022 at 17:48
The majority of MPs voted to make it an offence to help an asylum-seeker enter the UK, even if that help is offered for free and there is a reasonable excuse for helping, subject to an exception for those acting on behalf of an organisation which helps asylum seekers for free.
Prior to the Bill it had been an offence to help an asylum-seeker enter United Kingdom "for gain", but not otherwise.
MPs were considering the Nationality and Borders Bill.[1][2][3]
The motion supported by the majority of MPs in this vote was:
- That this House disagrees with Lords amendment 20B
Lords amendment 20B stated:[4]
- Page 41, line 40, leave out “omit “and for gain”” and insert “for “for gain” substitute “without reasonable excuse””
Had it not been rejected this amendment would have replaced a provision in the Bill[2] which stated:
- In section 25A(1)(a) (helping asylum seeker to enter United Kingdom) omit “and for gain”.
This provision in-turn provided for an amendment to Section 25A(1)(a Immigration Act 1971[5] which, at the time of the vote, stated:
- A person commits an offence if—
- (a)he knowingly and for gain facilitates the arrival or attempted arrival in, or the entry or attempted entry into, the United Kingdom of an individual, and
- (b)he knows or has reasonable cause to believe that the individual is an asylum-seeker.
An exemption was provided for organisations which help those seeking asylum free of charge.
The Bill provides for subclause (a) to become:
- (a)he knowingly facilitates the arrival or attempted arrival in, or the entry or attempted entry into, the United Kingdom of an individual, and
If the amendment which was the subject of this vote had been approved the subsection would become:
- (a)he knowingly and without reasonable excuse facilitates the arrival or attempted arrival in, or the entry or attempted entry into, the United Kingdom of an individual, and
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- [1] Parliament's webpage on the Nationality and Borders Bill, Parliament.uk
- [2] Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
- [3] Explanatory notes to the Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
- [4] Lords Message in connection with the Nationality and Borders Bill on 5 April 2022, Parliament.uk
- [5] Section 25A(1)(a Immigration Act 1971, as amended, as at 11 October 2017, Legislation.gov.uk
Party Summary
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
| Party | Majority (Aye) | Minority (No) | Both | Turnout |
| Alba | 0 | 1 | 0 | 50.0% |
| Alliance | 0 | 1 | 0 | 100.0% |
| Con | 303 (+2 tell) | 0 | 0 | 84.3% |
| DUP | 3 | 0 | 0 | 37.5% |
| Green | 0 | 1 | 0 | 100.0% |
| Independent | 0 | 4 | 0 | 80.0% |
| Lab | 0 | 161 (+2 tell) | 0 | 81.5% |
| LDem | 0 | 12 | 0 | 92.3% |
| PC | 0 | 3 | 0 | 100.0% |
| SDLP | 0 | 2 | 0 | 100.0% |
| SNP | 0 | 42 | 0 | 93.3% |
| Total: | 306 | 227 | 0 | 83.6% |
Rebel Voters - sorted by party
MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division
Sort by: Name | Constituency | Party | Vote
| Name | Constituency | Party | Vote | |
| no rebellions | ||||