Ministers have been forced to offer rebel Conservative MPs concessions on key asylum legislation amid growing concern that it would fail to pass through the Commons.
The government has dropped nearly all of the retrospective applications of the illegal migration bill’s measures – a move that will mean Suella Braverman will no longer be obliged to deport thousands of asylum seekers who arrive in the UK this summer to a third country such as Rwanda.
Ministers will also limit plans to detain children and pregnant women who arrive in the UK on small boats across the Channel. They have not offered any specific compromises to protect victims of modern slavery, as previously demanded by MPs including Theresa May and Iain Duncan Smith.
The changes will mean that the duty on the home secretary to remove anyone who comes to the UK through an irregular route such as a small boat will not apply retrospectively and will instead be applied after the bill receives royal assent, which may not happen before September.
It is a U-turn on plans announced in March, when Home Office sources told the Guardian: “[The retrospective application is] to stop people smugglers seizing on the opportunity to rush migrants across the Channel to avoid being subject to the new measures.”
One Tory MP said the change could result in a rise in arrivals via small boats. “It looks as if the government is running scared. We are going to see the number of arrivals from France this summer go up because smugglers will encourage migrants to travel before the ban.”
But others disagree. Lucy Moreton, the professional officer for the ISU union, which represents border force staff, said: “It is not going to make much difference to the number of arrivals. Migrants are becoming more cynical because there has not been action following other reports.”
The bill, which is meant to fulfil Rishi Sunak’s promise to “stop the boats”, will complete its final stage in the House of Lords with a vote on Monday night. The draft legislation returns to the House of Commons on Tuesday for MPs to consider the 20 amendments made to it by peers.
Changes tabled on Monday will mean that the first-tier tribunal can grant immigration bail after eight days to unaccompanied children detained for the purpose of removal, instead of the current proposed 28 days.
A further amendment will mean that the government will keep the current rules on the detention of pregnant women, which will mean they can be detained for a maximum of 72 hours. This can be extended to seven days on the authorisation of a minister.
Enver Solomon, chief executive of the Refugee Council, condemned the bill despite the amendments: “The changes put forward by the government today are in no way compassionate, nor do they deal with the challenges facing the asylum system.
“The government continues to treat people seeking safety, including children, in a manner comparable to criminals and their proposals do nothing to tackle people-smuggling gangs or the record-high asylum backlog.”
After MPs vote on the bill on Tuesday, it will be passed back to the Lords to decide whether the upper chamber will once again amend the bill in a process known as “ping-pong”.
Ministers are seeking to ensure that the bill will enable the detention of asylum seekers who arrive by irregular means and their deportation to a third country such as Rwanda.
More than 1,000 people crossed the Channel in small boats in just two days, taking the yearly total to 12,503. On Saturday 384 people crossed in seven boats and 686 people crossed in 13 boats on Friday, a new daily record.
The rise contrasts with claims made by Sunak last month that his plan was “starting to work” after pointing to figures showing year-on-year figures were down 20%.
Downing Street said the number of people using small boats to cross the Channel was “too large”. “I think we always knew that, as we move into the summer months, crossings will escalate,” the prime minister’s spokesperson said.
“We are continuing to stop significant numbers of crossings. I still believe that you are more likely to be stopped and turned back than to make the crossing, and that’s because of the work with our French counterparts and the extra support that we have put in.
“But clearly the numbers making the journeys are still too large and that’s why we need the other elements of our ‘stop the boats’ package.”
That included the Rwanda deal, the spokesperson said, which is the subject of a legal battle set to reach the supreme court, and the illegal migration bill, which has suffered a mauling in the House of Lords.
A Home Office statement said it will still seek to remove anyone with no right to be in the UK. Braverman said: “Today’s amendments will help this crucial legislation pass through parliament swiftly.”
