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The UKโ€™s debased asylum โ€œdebateโ€

In a democracy one might, naively, imagine that political deliberation would involve the presentation of the arguments that people think bear on the question at hand. That is, if someone is in favour of a policy they would present the arguments that they believe support it and if someone is against it they they would do the opposite. One of the surreal aspects of British parliamentary debate on refugees and asylum is that neither the government nor the opposition do anything of the kind, and nor, for that matter do the media do much to improve things.

Consider, that everybody knows that Rishi Sunakโ€™s harsh denial of the right to claim asylum of those who arrive โ€œillegallyโ€ is motivated by the fact that the base of the Tory party and a sizeable chunk of โ€œred wallโ€ voters are strongly anti-immigration and that Tory strategists are concerned about the โ€œsmall boatsโ€ issue, both because they are worried that a lack of border control gives off a sign of incompetence and because they want to expose Labour as โ€œweakโ€ on โ€œillegal immigrationโ€. In the Tory press, refugees and asylum seekers are constantly demonized as freeloaders, economic migrants, and young male invaders who pose a threat both of sexual predation and terrorism. (The European far-right, including Italyโ€™s Salvini, Franceโ€™s Zemmour, and the German AfD, in praising the British policy, do so explicitly as keeping the brown hordes at bay.) Labour, on the other hand, while they have a poor record of support for refugee rights, at least stand for maintaining the current human rights framework and upholding the right to claim asylum as set out in the 1951 Convention.

So far, however, in Parliamentary discussion of the issue, the Tories have posed as the real humanitarians, concerned about the most vulnerable and desperate to stop people from undertaking dangerous journeys. Labour, on the other hand, have said little about the basic immorality of the policy and have focused on the claim that the proposed law will be ineffective and that the boats will still come. Neither Sunak nor Starmer stand up and articulate the real reasons why one proposes and the other opposes the law. In Sunakโ€™s case one imagines the primary motivation for this conduct is a debating tactic; in Starmerโ€™s a concern that a proper defence of human rights and the refugee framework would be electorally costly.

Somewhat paradoxically, then, it is in the unelected chamber, the House of Lords, where we are most likely to see a proper debate that approximates the democratic ideal, as the Lords, not facing election, are free to articulate the reasons they think most relevant to the policy. We can be sure, for example, that Lord Dubs,someone who escaped Nazi Germany on the Kindertransport, will say all the things that Keir Starmer and Yvette Cooper are too cowardly to.

Meanwhile the press and broadcast media do worse than nothing to explain to the democratic public what the issues are, who the refugees and asylum seekers are, what is the relevant international humanitarian law, what is the history of refugee protection, and so on. Rather, the โ€œsmall boatsโ€ issue is presented as an immediate crisis that needs urgent resolution lest the asylum system and indeed the entire country be โ€œoverwhelmedโ€. Rare indeed is the press report that informs the public that โ€œillegal entryโ€ without penalty is explitly provided for in the 1951 Convention. Those who clamour most loudly for the โ€œpeopleโ€ to decide on migration issues are also most concerned to mislead the public about the facts: the false and insincere debate in Parliament is mirrored by a narrative where the โ€œconcernsโ€ of a ignorant public need to be pandered to.

In the past few days, the substance of the issue has also been pushed to the background by a secondary debate about whether the impartiality of the BBC has been compromised by Gary Lineker, a former footballer and sports presenter, who compared government discourse around asylum to Germany in the 1930s. Cue a bunch of ministers invoking Jewish family members to argue about the offensive nature of a comparison between their โ€œhumanitarianโ€ concerns and the Nazis. Yet comparisons with the 1930s are actually very much to the point, in the following sense: many Jews fleeing the Nazis were refused asylum in countries including the UK, and many travelled through โ€œsafe countriesโ€ to try to get here. Rishi Sunak is not Hitler, but Sunakโ€™s policies, in denying the right to claim asylum on UK soil, would, if applied in the 1930s have prevented many from finding sanctuary. One of the motivations behind the postwar refugee framework has been โ€œnever againโ€. But it seems never does not last forever.

[Update: under government pressure, the BBC has forced Lineker to โ€œstep backโ€ from presenting Match of the Day.]

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