Westminster Hall

Tuesday 22nd October 2013

(10 years, 6 months ago)

Westminster Hall
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Tuesday 22 October 2013
[Mr David Crausby in the Chair]

Immigration Controls

Tuesday 22nd October 2013

(10 years, 6 months ago)

Westminster Hall
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Motion made, and Question proposed, That the sitting be now adjourned.—(Mr Swayne.)
09:30
Priti Patel Portrait Priti Patel (Witham) (Con)
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I am delighted that this debate was granted by Mr Speaker and delighted to serve under your chairmanship, Mr Crausby. I am also pleased that my hon. Friend the Minister for Immigration can respond to the debate, because this is quite a busy day for his Department as regards immigration. I commend him and my right hon. Friend the Home Secretary for the Immigration Bill, which will be debated this afternoon. There is no doubt that we are providing the warm-up act this morning—the opportunity for hon. Members to sharpen and master the arguments for this afternoon. On that note, I welcome the right hon. Member for Delyn (Mr Hanson) and congratulate him on his new role. I can assure him that I shall be supplying some facts and information that may equip him for the debate this afternoon.

Conservative Ministers in the Home Office have made great progress in the last three and a half years in tackling the problems with our immigration system and the atrocious legacy inherited from Labour. One of the biggest concerns for my constituents is immigration controls. In the run-up to and during the general election in 2010, it was the No. 1 issue raised with me in my constituency—the issue on which my constituents were pressing for action. That is not surprising, because it is a rural constituency in the east of England, so it has many issues with seasonal agricultural workers and migrants coming in. My constituents wanted, and are eager to see, a wide range of effective reforms and policies put in place to keep our borders secure and the public safe.

I want to draw attention to a number of issues, particularly the ongoing consequences of Labour’s failures; cases from my constituency in which the immigration system has not worked effectively; the need for further reforms to remove foreign criminals, prisoners and terrorists; reforms to human rights laws; EU immigration, the free movement directive and transitional controls on Bulgaria and Romania; and the need to ensure that we have an immigration system that, importantly, lets in wealth creators, entrepreneurs and people who will make a positive contribution to this country, while preventing from coming in, and removing, those who should not be here.

We can appreciate what the Government have already done to deal with many of the problems in our immigration system and understand what more needs to be done only by understanding what went wrong with the system under the Labour Government. The Minister is fully aware of the past and the appalling legacy left by the Labour Government, and no doubt continues to deal daily with many of the consequences, such as the backlog of cases and appeals. It is a fact that immigration controls were ineffective. Immigration numbers had spiralled out of all proportion. Transitional controls had not been placed on the A8 countries when they joined the EU. Labour passed the Human Rights Act 1998, which gave illegal immigrants, foreign criminals and many taxpayer-funded lawyers new excuses to block deportation. We are still living with many of the consequences of that on a daily basis.

Three quarters of the new jobs created in the UK economy after 1997 went to people born overseas, and a monumental backlog of asylum cases had built up. Almost 500,000 asylum cases, which the previous Government failed to process effectively, accumulated and, as we now know, the figures were massaged to reduce the backlog, rather than people being sent home. We now know that there were not effective systems of control over management or even the processing of data at that stage.

I have an example from Witham of a constituent who came to Britain as an asylum seeker from Albania in 2002, applied to extend his leave to remain in January 2006 and, almost eight years on, is still waiting for his case to be determined. Such delays are wrong. It should never be forgotten that under the previous Government so many cases—too many—were left unresolved. It has been estimated that more than 3 million immigrants came to live in Britain during Labour’s time in office, and illegal immigrants could add another million to that. In Labour’s 1997 manifesto, it pledged that a Labour Government would

“ensure swift and fair decisions on whether someone can stay or go”,

but, as we now know, there was an open-door policy inviting everyone to come to Britain, and our border control system was completely dysfunctional and broken.

The Office for National Statistics has estimated that the UK’s population, which is about 63 million, could reach as much as 75 million by 2035, with two thirds of that increase arising out of the consequences of immigration. In my county of Essex, between 2004 and 2012, the estimated number of non-UK-born residents increased from 69,000, which was 5% of the population, to 104,000, which is over 7.5%. Across the UK in the same period, the number of non-UK-born residents rose from 5.2 million, which is the equivalent of 9% of the population, in 2004 to nearly 7.7 million in 2012, which is equivalent to more than 12% of the UK population.

As we have seen in newspaper reports this morning, population increases and, obviously, increases in immigration have an impact on our public services and infrastructure, but the strains placed on the country’s infrastructure and public services by the numbers that I have referred to have been kept hidden. Only now is the full extent of the facts emerging. A report prepared by the Department for Communities and Local Government in August 2007, which was not cleared for circulation—it was published only earlier this year, in response to a written parliamentary question—highlighted the fact that new arrivals

“can affect resource planning and make school and classroom management difficult”,

that there is

“anecdotal evidence of recent migration placing pressure on the availability and affordability of rented accommodation”,

and that the

“number of A8 migrants claiming childcare benefits, tax credits and income support are all rising.”

Immigration is not the only cause of pressure on our public services, housing and infrastructure, but it is a factor that cannot be ignored. The previous Government tried to shut down debate on this issue, but it is valid for the Government today to have this discussion. That reflects the fact that they deserve credit for their commitment to addressing these problems. Conservative Ministers can be proud of the actions that they have already taken to regain control of the broken immigration system. Net migration is down by one third. It is heading closer to the Government’s target, which is to bring it below 100,000 by 2015. The number of immigrants coming to Britain is at its lowest since 2001. Interestingly, under the previous Conservative Government, between 1991 and 1997, the inflow of migrants to the UK ranged between 266,000 and 329,000—a modest level—with annual net migration not exceeding 77,000, but after that, under Labour, inward migration increased year on year, in five of the next six years, from 391,000 in 1998 to 589,000 in 2004. It stayed above half a million until last year.

The UK Border Agency, one of the most poorly performing and discredited Government agencies, is being abolished and replaced. Bogus colleges have been exposed and student visa abuses tackled. New controls on the family migration route to tackle sham marriages—quite rightly—and to protect vulnerable people have been introduced and are welcome. The new Immigration Bill goes further and does more to control our borders and immigration flows. I welcome the measures, as my constituents do, to make it more difficult for illegal immigrants to come to Britain and live in this country. There is also the contribution that temporary migrants will be required to make to the NHS; we are seeing that in the newspapers just this morning.

We also have to cut the appeal routes. We have to make removals of illegal immigrants and foreign criminals easier and clamp down on the abuses of article 8 of the European convention on human rights and judicial activism that we have seen across the country. I would like to come on to some constituency cases that I have experienced.

Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
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The hon. Lady is listing a catalogue of problems with immigration, but does she agree that there are also huge benefits from migration, which companies highlight, and that legitimate, legal immigrants deserve fair and prompt access to this country, so that they can come in and contribute to it?

Priti Patel Portrait Priti Patel
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My hon. Friend is absolutely right. As I touched on earlier, immigrants are entrepreneurs and business people, and immigration touches on the skills agenda—another issue we could debate for a long time. Where people make a positive contribution, we should find the best routes—the right routes—to make them welcome and support them in visa applications and so on. We must be proactive on that front, but we can only do that and change the system in their favour once we have tackled the catalogue of problems, some of which I have highlighted.

The devastation left by the Labour Government was so great that we cannot overestimate the challenges faced by the Government and the Minister. Repairing the damage will no doubt take a long time. Labour’s legacy can still be seen across the country. I am sure that many hon. and right hon. Members see cases in their constituencies involving immigrants who have been deemed to have no right to remain in the UK, but, quite wrongly, pursue every legal avenue to remain here. In my constituency, there have been cases of immigrants who have outstayed their welcome. Such cases demonstrate the systemic failures of the controls put in place under the previous Government. I could reel off many cases, but I have a couple that I would like to highlight.

One lady from the Philippines was granted permission to enter the country in 2006 on a 48-month work permit to work in a care home. Since then, her husband, family and children, who have gone to local schools, have all come over. Once the visa expired and she was asked to leave, little action was taken, so the family remain in the UK. Last summer, the case was brought to my attention and an appeal to remain in the UK was rejected. To avoid deportation, the family lodged a further application to remain in the UK on human rights grounds in January this year, which was refused in June. The case is now going on and on. In July, they lodged another appeal, which is still pending. If that appeal is rejected, the family may undertake another appeal and prolong the process even more. Surely that cannot be right.

Another case in my constituency that has been ongoing for years involves a family from Nigeria who are here without any right to remain. They were informed that they should leave the UK two years ago, but they, too, embarked on a series of applications and appeals. Such actions are all about delay and prolonging the process for people who have no right whatever to remain in the country. That undermines public confidence in the immigration system. A stop must be put to repeated applications and appeals.

I welcome the measures in the Immigration Bill to limit the number of appeals that immigrants make. I urge the Minister to look at ways of going further in speeding up cases—the issue is the efficiency and effectiveness with which cases are determined—so that those who are deemed to have no right to remain in the UK can be removed without delay. Once someone has lost their case or appeal, unless there are genuinely exceptional circumstances, there is no reason why they should not leave voluntarily or be deported, if that has to be done, within a couple of weeks. They should certainly not be here for a prolonged period. That would obviously restore public confidence in the system and send a powerful signal to those who have abused the system. It would send a message that Britain is not a soft touch and will take tough action.

I also welcome the approach that will be taken to deporting foreign criminals before their appeals are held. I ask the Minister to consider extending that approach to other persons staying in the UK illegally and involved in repeat applications and appeals. An aspect of immigration controls that greatly concerns my constituents and the wider public is the way foreign offenders, prisoners and terrorists are able to remain in the country, despite the overt threat they pose to public safety and national security. The Abu Qatada case is symbolic of the wider problem with immigration controls and human rights laws: judicial activism and judgments from Europe that, frankly, undermine this country. We should be able to remove the likes of Aso Mohammed Ibrahim, who killed a 12-year-old girl, and serial Somali criminals Abdisamad Adow Sufi and Abdiaziz Ibrahim Elmi, without the courts and human rights laws interfering and our courts being lectured on what we should be doing.

Killers, sex offenders, violent criminals, persistent offenders and supporters of terrorists should face the automatic expectation of deportation. They should not expect to be protected by the ridiculous interpretations of human rights laws that the European Court of Human Rights, and sometimes even our own courts, provides. We should have a prison-to-plane approach, whereby foreign national offenders who have served custodial sentences are removed. When they leave prison, they should be taken to an airport and deported at the earliest opportunity. My constituents and the British public would feel greatly reassured if they knew that such dangerous criminals were not able to set foot again in our country and their communities. I welcome the fact that the Government are taking the matter seriously; that is shown in the way that they are initiating deportation proceedings sooner. As a result, the average time taken to remove a foreign national offender following the completion of a custodial sentence was lowered to 77 days in 2011. We still have 11,000 foreign national offenders in our prisons and thousands more who avoid custodial sentences.

The Minister knows of my concern about the fact that more than 3,100 foreign nationals who are subject to deportation orders are still in the country. Shockingly, that includes 2,300 people who have been on the list for more than a year, 25 of whom have been here for more than 10 years. Every day, hard-working British taxpayers are left to pick up the hefty bill for legal costs and other expenses for those individuals. We must put an end to it, and if that means going further on the Human Rights Act, reforming the European convention on human rights and taking unilateral action to defend parliamentary sovereignty from European judicial activism, my constituents and the British public would expect nothing less from a Conservative Government acting in the national interest.

I urge the Minister and his colleagues in the Ministry of Justice to look at ways to deport European prisoners to their countries to serve their sentences. As he is aware, the Council of Europe convention on the transfer of sentenced persons enables European national prisoners to be deported to serve their sentences in the country of their nationality, but unfortunately, it is a voluntary agreement. There are 4,000 or so European national prisoners in our jails, but only 138 applications were received in 2011, with 127 being referred to other jurisdictions for consideration. The numbers being deported under the convention are too small. In 2007, 111 prisoners were deported, but that number is declining and has since dropped, meaning that not even 1% of European national prisoners serve their sentences in their own countries. Slightly more than 1,000 foreign national offenders from the European economic area were deported in 2011. I hope that the Minister will make that issue a priority in his discussions in Europe and seek to secure the deportation of more European national offenders.

The final aspect of immigration controls I shall raise relates to immigration from Europe. The free movement of goods and peoples is an important principle of the European Union, but the unrestricted access given to European nationals has added significantly to our population and the strain on public services. Of the 2.7 million residents in this country who were born in other EU countries, 1.1 million are estimated to have been born in those countries that joined the EU since 2004. In 2003, more than 500,000 nationals from other EU countries and 50,000 from countries about to join in 2004 were employed in the UK. By 2011, that number more than doubled to 1.29 million, which included more than 700,000 nationals from the 2004 intake of member states and more than 500,000 from the pre-2004 accession.

On top of that, there are an estimated 600,000 economically inactive EU nationals in the UK, many of whom will be accessing public services and benefits. This morning, I read that one person in 25 claiming jobseeker’s allowance is an EU immigrant, so the pressure on the public purse and public services is clearly enormous. Meanwhile, child benefit is being paid in respect of 40,000 children living in other European countries.

It cannot be right that our country faces an uphill battle, and legal action with Europe, to reduce some of the benefits being paid to EU nationals. I encourage the Minister and the Government to consider how we can renegotiate the position with Europe to bring common sense and sanity to our immigration controls, so that they do not prevent the working of the free market but enable us to limit immigration, prevent abuses of free movement rights and remove those who should not be here and are pushing the boundaries by accessing benefits and public services.

I also press the Government to make greater use of the powers already available through the free movement directive to restrict the right of entry and the right of residence on the grounds of public policy, public security or public health. It is almost inevitable that we would be challenged by the European Commission for doing so, but there are many cases, especially involving European national criminals, where we must take a firm approach and give the public confidence.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I thank the hon. Lady for bringing this matter before the House for consideration. I apologise for not being here at the beginning of the debate; I had problems with the tube and was 45 minutes behind time. I understand that there is a top 10 list of countries that contribute to the crime rate in the United Kingdom. Not all of them are European; they are: Poland, Romania, Lithuania, Nigeria, India, Jamaica, Somalia, Portugal, Pakistan, and our neighbour, Ireland. Does she feel that the Minister should focus on those top 10? If we can deal with the top 10, we will deal with the majority of the crime rate.

Priti Patel Portrait Priti Patel
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I thank the hon. Gentleman for his timely intervention. I was about to come to that list. It is right that we start focusing. There has been too much generalisation in the past, so we need a focus on some countries.

I have urged the Minister to take firm action on European national criminals. I also urge him to consider the transitional controls on Romanian and Bulgarian immigrants. The transitional controls are due to expire at the end of this year. First, immigration is about sustainability, and Britain cannot sustain or cope with a large influx from eastern Europe. Secondly, criminal gangs are an issue that is well documented; the hon. Member for Strangford (Jim Shannon) read out the list of countries. In the last 10 days, we have seen reports of Romanian criminal gangs committing crimes. They are flying into some of our airports daily. The experience of the last decade has led the public to feel anxious about new waves of immigration. This is an opportunity for the Government to reassure the public and give confidence about the new accession countries.

It is almost inevitable that we will feel the impact of new countries’ accession to the free movement directive. The Minister knows as well as anyone that more action is needed to establish an immigration system that is finally fit for purpose and has public confidence. The Government are taking the right steps towards creating a system of controls that enables wealth creators and entrepreneurs—those who want to make a positive contribution—to come to our country, as well as tourists, whom we invite, while keeping out people who should not be here. Once the excellent new Immigration Bill has gone through Parliament, I trust he and his ministerial colleagues will continue to focus on strengthening our immigration controls and taking action to secure our borders. As I have stated throughout this debate, we must send out positive messages to those whom we should welcome to this country and, importantly, reassure hard-pressed British taxpayers that we are fixing the broken system. We should give the public confidence in the immigration system.

09:55
Mark Field Portrait Mark Field (Cities of London and Westminster) (Con)
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It says much about 21st-century Britain that my hon. Friend the Member for Witham (Priti Patel) should have introduced this debate. Although I am a proud Englishman, that is only part of my story. My late mother was twice a refugee by age 15, having been born during the early months of the war in Breslau, or Wroclaw, in what was then Germany and is now Poland. By age 15 she ended up in West Germany, where a few years later she met my father, who was serving in the British Army. Immigration has had an impact on me, given that one of my parents was an immigrant to this country, and both my hon. Friend’s parents were immigrants to this country. We love this country and the opportunities that it has given us. Despite much of what she said, we do not necessarily see immigration simply as a problem; it has some very positive sides. It is important that those elements are put on the record from time to time as well, and I shall endeavour to do so in my contribution.

We are going to hear the mantra that net migration has been cut by a third. It has become a key campaigning tool in recent months for the Conservative party, and it will no doubt be heralded as one of the Government’s central achievements as we approach the 2015 general election. Undoubtedly, important work has been done to crack down on some obvious immigration abuses, and rightly, as trust in the whole immigration system has reached an all-time low among our fellow Britons.

The Government should be applauded for the work that they have done to clamp down on bogus colleges, sham marriages, fake students, health tourists and the like. I noticed only this morning that my right hon. Friend the Secretary of State for Health rightly announced that we should not become an international health service. We should be proud that the NHS is free at the point of delivery. I have been an MP for central London for the past 12 years, and I have no doubt that health tourism has become increasingly acute in some areas, such as Paddington in my constituency. My constituents are suffering, and hard-working individuals’ taxes are not being used for their own purposes.

The Government have also been striving to address some of the pull factors that have hitherto made the UK such an appealing destination for those who wish to abuse generous western welfare and benefit systems. Nevertheless, we should be wary of the notion that the imposition of a cap alone and a broader clampdown mean job done on immigration. For all the talk about the squeeze on numbers, all too many Britons experience a different daily reality on the streets where they live and read a different story in their newspapers. Meanwhile, precisely the type of person whom we seek to attract to our nation—successful business people, entrepreneurs, investors, the highly skilled, top students and high-spending tourists—have encountered great difficulties entering the UK, just as we have been rightly discussing the need to compete in the global race. I fear that the disparity between the headline figures and reality is breeding ever more cynicism while doing economic damage.

I appreciate that time is relatively tight in this popular debate, so I will focus on three key concerns of mine. The first is the entry of business people to the UK, which as one might imagine is an acute day-to-day constituency issue for me as the Member for Cities of London and Westminster. The second is student visas and the third is the specific downsides in my central London constituency of the EU migration to which my hon. Friend referred.

Let me start with new migration broadly. As long ago as January 2007, I led a debate in the House of Commons on the possible impact on London of the accession of Romania and Bulgaria to the European Union. In particular, I sought to increase funding to Westminster City council, which was, even at that stage, being overburdened by the significant increase in rough sleeping, crime and antisocial behaviour following the 2004 accession of the so-called A8 countries, such as Poland and the Czech Republic.

Unfortunately, the things of which I warned at the time have come to pass as Romania and Bulgaria edged closer to fully fledged EU membership. Many of us have seen at first hand the Roma gypsy encampments that have sprung up around Marble Arch; others appeared in the vicinity of Victoria station during last year’s Olympics. Some of the people living in those encampments were part of an organised begging operation, deliberately targeting the lucrative west end tourist market in the Marble Arch area. That encampment has since become merely the most visible example of a growing problem, with similar camps appearing outside the Imperial War museum—south of the river, near the constituency of the hon. Member for Vauxhall (Kate Hoey)—and around the 9/11 memorial in Grosvenor square, to name just two sites here in central London.

Meanwhile I am receiving, and continue to receive, weekly reports from exasperated constituents who find spontaneous bedrooms in the doorways of their homes, as well as litter, excrement and worse in garden squares. There is also the issue of constituents and tourists who come into central London being harassed by aggressive beggars daily. Some local residents have even witnessed such issues in broad daylight. The people living in those eyesore encampments have, in my view, no intention of legally exercising their treaty rights to be here. Nevertheless, due to international treaties, particularly the EU-related treaties, they are incredibly difficult to remove, as the Minister is well aware.

Westminster City council and our local borough policing teams are now diverting vast resources to street cleaning operations, translation services and operations to tackle begging and organised crime. They are even spending vast sums of taxpayer’s money on transport to send problem migrants back to their countries of origin. Of course, little can be done if those individuals, within a matter of days, decide to return to the UK.

It is mostly local taxpayers who are paying the financial cost of national policy decisions. Until such problems are tackled, and until we find a way of stemming the vast tide of people coming from the EU, I am afraid that many of the Government’s declarations to have got a grip on immigration will mean precious little to average Britons. We therefore risk introducing a whole lot of cynicism to the system.

A number of constituents have written to alert me to schemes in ailing southern European economies to give non-EU migrants a fast track to citizenship if they invest in their nations. They know that a prize such as citizenship is enticing because it gives the applicant the potential prospect of moving to any country in the European Union.

It is terrible. Day in, day out, we see awfully desperate people from war-torn parts of northern Africa crossing the Mediterranean. We have seen the particular tragedies, which I suspect are only the tip of the iceberg, around the coast of Italy and Malta in recent weeks. The truth, however, is that many such individuals are able to make their way into the European Union. As a result, they could end up on these shores as well as in other parts of the Union within a matter of weeks or months. That provides yet another example of how difficult it will be to keep headline net migration numbers under control without resorting to the clampdown that we have seen in the past on highly skilled people from non-EU nations.

That brings me to my other concerns. I continue to be lobbied by business people and those in the education sector about the coalition’s visa regime, which continues to deter the highly skilled from engaging with the UK. I am aware that the Chancellor has made it clear in China that he sees that to be a problem, and that he wants to try to smooth it out.

Since the coalition took office in 2010, it has rightly made building the United Kingdom’s trade and export sector a core part of its economic strategy. That must be the case. We must have a sustainable recovery, which will not be built on ultra-low interest rates and a further boost in the housing market. It will have to be through investment from abroad in the globalised world in which we live, as well as ensuring that the export sector goes from strength to strength, particularly among small and medium-sized enterprises. It is a matter of some national shame that when it comes to China and India, two countries with which we have had long-standing connections, it is the Germans and, to a large extent, even the French who are teaching us some lessons. We need to ensure that we provide export credit guarantees that make it easier for our SMEs to thrive.

Foreign investment in the UK must and will continue to remain a hugely important source of financing, helping to support infrastructure development, employment and economic growth. However, those who wish to do business in the UK face a series of unnecessary obstacles, despite the Government’s best intentions. Such barriers include the perceived complexity of the UK visa system. I know that we will get some improvements, but there will still be that perception about time lags. It deters high-value business investors, visitors and workers. Along with resourcing issues at the UK’s borders and within certain embassies overseas, and the perceived lack of capacity at UK airports, that issue is potentially problematic.

I am not suggesting that we should just make life easy for tourists who come to this country, but there are some high net worth individuals—global citizens—living in places such as China who will come to London and spend £40,000 or £50,000 in one afternoon at Selfridges or Harrods. It seems madness that we are saying, “Don’t come here. Go and spend that in the salons of Milan, Rome or Paris.” That is the message that has hitherto gone out. I know that there are some improvements, which the Minister will no doubt tell us about.

The City of London corporation, in my constituency, regularly receives complaints from business. It believes that practical steps could be taken to improve the first interaction with our visa system. They include availability of own-language application forms and Schengen equivalence. The City corporation welcomes the announcement on the latter following the Chancellor’s recent visit to China, but the ambiguity of the Home Office’s subsequent statement has also been noted. The Government must work swiftly and clearly to make that announcement a reality.

Chinese applicants may have to travel up to 500 miles to appear in person at a visa-processing centre. Even after April 2013, applicants have had to submit to fingerprinting and face a non-refundable charge of £70. They have also had to supply a letter from their employer to prove that they have leave from work to travel. It is again perhaps not surprising that one study found that nearly a third of Chinese potential visitors abandon the UK visa process and instead visit other destinations, many of which may be in Europe.

The future is not just about China. There are anecdotal reports that, in countries such as Brazil, applicants are faced with taking several days off work to get visas processed. Anyone who needs to travel regularly is understandably reluctant to hand over their passport for what might be an unspecified period. The City corporation has been told that in some centres, passports can be surrendered for up to three to six months without feedback from the UK Border Agency as to when to expect a return of documents. While I would not say that that is an acute problem, as Member of Parliament for this constituency, that issue is not entirely unknown to me.

In contrast with the UK, key competitor countries have, since 2010, sought to simplify their procedures. For example, a visa for Australia can generally be processed in just 24 hours. The United States, which has been widely criticised for its visa bureaucracy, particularly in the aftermath of the terrible events of September 2001, has also overhauled its systems since President Obama gave the State Department 60 days to reassess its visa regimes for Brazil and China.

Before I turn to student visas, I must declare an interest as I have, for the past eight and a half years, been a member of the advisory board of the London School of Commerce, which is a private higher education establishment.

Britain’s world-beating education sector draws fee-paying students from across the globe, which we should be incredibly proud of. The standards and our high regard for our exam system mean that a British degree is regarded highly across the globe. Many young students who come to study will be in this country for only a short time—a year or two, and perhaps staying for a year after graduating to embark on their first taste of employment. They will return to their home nations as tremendous ambassadors for the UK for decades to come as they build wealth in their homelands. A 2011 Home Affairs Committee report suggested that no fewer than 27 contemporary foreign Heads of State were educated in the UK.

Our universities have hitherto been exceptionally good at tapping that ever-growing market, with a 9.9% market share in 2009 and export earnings calculated at about £7.9 billion. The value of international students to London as well as the UK, on the Government’s own figures, is believed to exceed £20 billion, and there is huge potential for that to grow.

I accept that there is no cap on international student numbers, but the Government’s explicit objective has been to reduce student numbers to bring net migration below 100,000 by the next election, in May 2015. The treatment of student and post-study work visas has become a regular complaint among top universities in my constituency, not just in relation to any of the bucket shop language schools or sham colleges. At one élite central London institution in my constituency, the numbers of applications from Indian and Pakistani students for postgraduate taught programmes are down by 14% and 11% respectively, as future employment prospects are a key motivator in those markets.

Another institution faces recruitment difficulties in disciplines such as accounting, economics, finance, management and law, and is finding it increasingly difficult to obtain transfers for high-level researchers to maintain an academic staff of the highest international repute and pedigree. Prospective overseas staff now perceive that it is more difficult to get a visa for the UK, and prefer to move to the US or Australia instead. There are other complaints about what is regarded as a very bureaucratic system, with enormous forms to be completed, and extortionate visa fees, which compare unfavourably with those of our western competitors.

We should not underestimate our global talent. One reason that our universities are so strong is that some of the finest and best academics work here. They should not just be regarded as overseas employees, because the reality is that many academics have to spend time abroad. They may have a visa to come to this country, but they need to go to a range of different events abroad to lecture and to find out more, and the sheer bureaucracy that administrative departments of our universities have to go through, daily marking where academics are at any one time, is an increasingly strong disincentive.

Julian Huppert Portrait Dr Huppert
- Hansard - - - Excerpts

I agree with much of what the hon. Gentleman is saying. He is raising some real concerns, but is he also aware that academics find other processes frustrating, such as the fact that to be paid a couple of hundred pounds to examine a PhD viva somewhere, they have to go through the bureaucracy of proving their immigration status? That is completely disproportionate, because nobody comes to this country to get rich examining PhDs.

Mark Field Portrait Mark Field
- Hansard - - - Excerpts

I sincerely hope that that is not the case. The hon. Gentleman, who represents a prime university town, will be well aware of such concerns. I am sure that such matters give the impression that we are not open for business in the way that we should be if we are to appeal to the brightest and best across the globe. It has to be said that many fledgling but highly reputable universities across the world are looking to attract some of the brightest talent in this country with absolutely open arms, and they would certainly not provide the evidence of reciprocal negativity that we see in elements of a bureaucratic, tick-box culture in the UKBA and the Home Office. It is a cliché to say that a reputation may take many years to build up but can be lost in an instant, but there is a real risk that the UK will lose its hard-won reputation as a country that welcomes trade, investment and the most talented students from across the world, at a time when the need for that international expertise and capital is very high.

I believe that there is a need for a change of rhetoric, because misconceptions are as damaging as actual practical barriers. The Government rightly wish to ensure that the UK is open for business. A passionate restatement of that goal both here this morning and in the main Chamber this afternoon, combined with some practical improvements to the visa process and the operation of our borders, should help to generate significant trade, investment and diplomatic benefits.

10:14
Julian Huppert Portrait Dr Julian Huppert (Cambridge) (LD)
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It is a pleasure to serve under your chairmanship, Mr Crausby, and to follow the hon. Member for Cities of London and Westminster (Mark Field). I agree with many of his concerns about what our policies are doing and about many people being put off from applying to come here. The issue is not only the facts of the process, but the rhetoric and the impression that is given, as will always be true of any complicated system.

Let me give my assessment. I think that legal immigration has a substantial benefit financially and in the generation of jobs. We also benefit culturally from people coming here and bringing an international mixture, as we saw in the fantastic sporting achievements in the Olympics of people who have not, or whose families have not, been here their entire lives. We in this country benefit from immigration.

We need a system that works, that is fair and fast, and that discriminates accurately between people coming here legally and those trying to break the rules, but that is not happening. The Government must actively promote our country to the world to encourage people who would benefit the UK to come here—we have seen a bit of that in relation to China—rather than send out messages about our being so determined to clamp down on immigration and so fixated on a numerical target that we are prepared to accept the consequence of driving people away.

Like the hon. Gentleman, I find that when I talk to companies in our fantastic and world-leading high-tech centre in Cambridge, one of the two top issues they almost invariably raise is concern about the immigration system. Sometimes the issue of transport is raised first, but normally it is immigration, because those companies are trying to get staff and are experiencing delays. Bad decision making holds them up. If errors are made, they have to let people go: they simply cannot wait, because they need staff who can travel.

Companies sometimes cannot get customers to come to the UK. One company I recently visited told me that prospective clients in the US whom it wants to invite over to look at a product, which sells perhaps for £500,000, are increasingly not US citizens, but citizens from China, India or elsewhere, so they cannot come into the country. It does not help British sales and exports if the person to whom companies are trying to sell cannot get into the country in a reasonable time scale. That hits our exports and reduces our ability to sell around the world. Such issues come up time and again.

The Minister kindly came to Cambridge to meet a small selection of organisations, and I hope that he found it an interesting experience. I believe that his heart is absolutely in the right place. I am sure that he does not want our approach to cause harm to Britain, and that he would like nothing better than to get rid of the problem—the bureaucracy and other issues—but that problem absolutely must be tackled.

There are no doubt problems associated with illegal immigration, but that is a very different category. People have come here illegally, been brutally exploited by gangmasters and become stuck in a grey economy or trafficked, which is certainly not the right route. We want people to apply through the correct process, but we need to treat them correctly and make appropriate decisions, which we are not doing.

If we are to have a good debate about immigration, we need more accurate numbers, with correct information about who should be here and who actually is here. We simply do not yet have that information, or the competence required, which undermines the ability to make rational arguments or have confidence in the system. Until recently, we had no idea how many people who applied as students were here and had overstayed, let alone who they were.

We should target people who are not here legally, and not get it wrong. Some of the texts sent out by Capita, based on Home Office data, were targeted at people who are British citizens. There are a huge number of errors in those data, and there continue to be problems. The Vine report on e-borders—even the bits not redacted by the Home Secretary—have highlighted that about 650,000 alerts about potential drug and tobacco smugglers were accidentally deleted. That is not the standard of competence that we need from the Home Office.

The problem is not new. The previous Government had the problem of an asylum backlog, with some 500,000 cases discovered sitting there and awaiting a decision. Such bureaucratic incompetence is a problem for all Ministers, none of whom would want such things to be going on, but the problem is still there.

Mark Field Portrait Mark Field
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It is only fair to put it on the record that the redaction on the part of the Home Office should not necessarily be seen as sinister or as trying to pull the wool over British people’s eyes; some genuine security-related issues were obviously in the Home Secretary’s mind in that regard.

Julian Huppert Portrait Dr Huppert
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Indeed. I do not want to go into that issue in detail, but the Home Affairs Committee has asked the Home Secretary to let it see that document in private, but so far she has said that she will not do that. I hope that she is not suggesting that the Select Committee is a risk to national security; I am sure that she would not want to say that.

We must have exit checks back in place. We need to know who is leaving, so that we can tailor our resources more appropriately. When someone applies for a repeated visa, we have no idea whether they leave promptly every time, or whether they stay until just before they reapply. That absurd system means that we cannot tell the person who has been repeatedly breaking the rules from the person who has been repeatedly sticking to them. Exit checks were scrapped many years ago by the previous Government, and it is now a struggle to bring them back in. We must fight for their return, even though the Vine report was not encouraging on that.

The hon. Member for Cities of London and Westminster talked about students, from whom we benefit massively. Education is one of our biggest exports. Students who come here to study pay very large fees. They contribute to society while they are here, and many want to stay on and work here, and it is fantastic to keep the people whom we have just trained. Those who go back benefit us in many other ways. As the hon. Gentleman said, many world leaders and company leaders have trained here. We do fantastically well from a network of people who go on to act as British ambassadors. None the less, the messages that get sent out are problematic. The hon. Gentleman spoke about post-study work. We should make it far easier for people to come here and work and use the skills that we have given them. I hope the Government will move on that matter, because there are great benefits to be had.

We also have an issue around rhetoric, which is becoming increasingly unpleasant and inaccurate. A recent headline in The Telegraph said that there were 600,000 unemployed European Union migrants in Britain. The definition of unemployed in that instance was interesting, because it included schoolchildren, pensioners and a range of other people whom one would not normally think of as unemployed. They were not a problem, but that is the rhetoric that we see. The Government have touched on that matter. I am sure the Minister and I will disagree over the appropriateness of the “Go home” vans and of some of the other messages that are put out. Today, the Home Secretary has announced that the “Go home” vans will no longer be used. I am pleased about that because they were deeply inappropriate. We must not play into that unpleasant media rhetoric that criticises the benefits from immigration.

We must fix the decision-making process around individuals, because such errors are replicated. People get concerned when they hear stories of errors being made, and there are too many. Anybody who has a constituency case load will see bizarre decisions being made and things that do not make much sense. The Home Office tries to correct such decisions when they come up. I pay tribute to the regional account manager, Saleah Ahmed, who has helped me with a huge range of cases, but it should not be the role of MPs to spot that people have got things repeatedly wrong. Those decisions make a big difference and they get around the world. A perverse decision was made in a recent case: an Indian student who was required to have a certain amount of money in their bank account ended up being just £20 short of a large sum, due to currency fluctuations just before the decision. Any reasonable system would have spotted that the reason was a drop in the rupee by a few per cent., and would have concluded that the person deserved to pass the test, rather than failing them and causing huge problems.

We must do more work on those errors, which must be the bane of the Minister’s life. The number of successful appeals is quite alarming, as is the number of cases which the Home Office ends up not even defending because it accepts that it has got it wrong. The Home Affairs Committee has detailed many examples of such cases.

On the separate issue of asylum and refugees, which none of us wants to see conflated with general migration, the Select Committee recently published a detailed report on the asylum position. We found people waiting some 16 years for a decision on what should happen. I have constituents who are waiting. They contact the Border Agency every year asking for a decision and are told, “Not yet, we will let you know later.” That is totally unacceptable. We cannot put things in a box marked “complex cases” and then leave them there. These are people who have been stuck in this country for years. One constituent of mine has been waiting for 14 years. They are uncertain of their future and of what to do. We should never do that to people. People deserve a decision, and those decisions need to be correct and accurate. One problem with appeals is that the Government lose so many of them. I am sure that there are people who are trying to delay making a decision, but there are also those who have a genuine problem and a genuine case.

One of my constituents had been sentenced to death in Iran because he had converted to Christianity. He applied for asylum and included a copy of his death sentence and was told that that was not enough evidence that he was at risk. I would love to know what sort of proof most people have. That situation has now been corrected, and it did happen some five years ago.

We need better training and a system that is focused on ensuring that decisions are right. We have staff who appear to believe that their job is to try to stop people claiming asylum. That was highlighted by the independent inspector, who said that caseworkers were selective in the use of information to support the case for refusing asylum. Caseworkers should aim to make a decision that is correct rather than one not to let people in. There have been some horrible cases. In one case, the caseworker quoted

“independent country of origin information which stated that women in Iraq could gain effective help from a local police station, but omitted the preceding sentence which stated that ‘women have been sexually assaulted by the police when reporting to a police station.’”

That somewhat undermines the support one could expect from a police station, and makes it a far more reasonable action not to go there. We are trapping many of these people in a cycle of hopelessness, leaving them very vulnerable. I suggest Members look at that report and the British Red Cross report on destitution.

Let me summarise some of the good things that the Government have done. They have ended the routine use of child detention for immigration purposes. It was one of the great shames of the previous Government that thousands upon thousands of children were detained for immigration purposes; that should not happen. I am pleased that the Government have made the change. As has been debated in this place previously, however, more constraints have been put on family migration, making it hard for many of my constituents to be reunited with their families. Families are being torn apart, and I know the Government are looking more carefully at that.

There are also the oddities in our immigration system, which I have raised with the Minister before, and I thank him for his recent letter. For example, children born to unmarried British fathers before 2006 are not entitled to British citizenship due to a loophole in the way that the legislation was written under the previous Government. They would be so entitled if they were born after 2006. I am pleased that the Minister accepts that that should be changed. I hope that there will be some legislative vehicle to do that. Will he comment also on the related question of what happens to people in that category who are raised in the UK and who are effectively stateless? Other countries believe them to be British—they have a British father and they are in the UK—but we do not allow them British citizenship.

Another matter raised with me was the effect of border controls on families whose children have a different surname from the parent with whom they are travelling. Quite rightly, when that happens, the border force asks why such children are being taken out of the country; that is absolutely appropriate. However, it is incredibly frustrating for a parent who travels constantly, because they must carry with them seven legal documents, including a birth certificate and a marriage certificate. That seems inappropriate. A suggestion has been made to the Passport Office that parents’ names should be listed in a child’s passport. That would simplify the situation and enable us to stop cases where children are being abducted, and not stop families who are trying to travel properly. I hope the Minister will consider that matter.

We must have immigration controls, but we also need exit checks to be introduced competently so that we know who is here and who is not, which will result in better data. That will allow us to have a properly informed debate rather than the anti-foreign rhetoric that is heard far too often from both the media and political parties on the left and right. I want the Minister to ensure that we have a system that works and that makes the correct decisions so that the right people who will benefit Britain can come in quickly and easily and that the people who are not allowed here also get fair, reasonable and accurate rejections. I hope the Minister gets a reputation for making our decision-making process entirely competent and not politically sexy.

10:28
David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Crausby. I congratulate the hon. Member for Witham (Priti Patel) on providing us with an interesting aperitif to what will be a very full day of immigration debates, with the Immigration Bill going before the Commons later today. This is a useful warm-up, and we have had a good introduction and debate on some of the different challenges that we face in this complex matter.

I have only been on the immigration brief for just over 10 days, having been moved to it by my right hon. Friend the Leader of the Opposition. I have had jobs in Government in Northern Ireland, the Home Office, Justice and prisons. However, I have a feeling that immigration will remain one of the key debating issues and challenges during the next 18 months for all of us from different perspectives.

My constituents want some of the things that the hon. Member for Witham wants, and I am sure that your constituents want them too, Mr Crausby. We want effective controls at the border; we want to see foreign criminals who have committed offences in this country being deported; we want illegal immigrants tracked, picked, accounted for and, if need be, deported; we want speedy and effective appeals, so that people can have their just case looked at accordingly; and we want a crackdown on sham marriages and sham colleges. Those are issues that any sensible Government will want to deal with. Nobody has ever said that immigration was easy and those challenges are not easy, but potentially they are common ground that could be looked at.

I agree wholeheartedly with the hon. Members for Cities of London and Westminster (Mark Field) and for Cambridge (Dr Huppert); my constituents also want some of the things they have said they want, as I am sure yours do, Mr Crausby. My constituents want people from abroad who have modern skills to come to this country to help industry, wealth and products to grow.

I have major industries in my constituency in north Wales such as Airbus, which makes one of the most high-tech products in the world today, the Airbus aeroplane system. Sometimes those industries need skills from outside the EU, which will help to ensure that 6,500 people in my constituency keep their jobs in competitive markets. The same is true of what the hon. Member for Cambridge said about the science-based technology in his constituency, and of the needs of the City of London. I attended a City breakfast only last week, which was just outside the constituency of the hon. Member for Cities of London and Westminster, where the issue was not immigration but positive immigration, including how we can bring in skills to Britain and develop them in this country.

The student market brings in millions of pounds in investment, not only fees and expenditure but that unquantifiable issue that was mentioned by the hon. Member for Cities of London and Westminster, which is good will. I still love my university town and I left 35 years ago. People will still come to this country and love it because of the investment and skills that we have given them to compete in the world at large in the future. Nobody says immigration will be easy. However, those positive signs need to be considered alongside some of the challenges that exist.

The hon. Member for Witham mentioned the previous Government. I served in that Government for 12 of those 13 years, although I did not cover any immigration post at any time. However, let me say that there were challenges, and mistakes were made. My right hon. Friend the Leader of the Opposition has said that, and we need to assess some of those challenges when we reflect on the debate on immigration.

Let me say to the hon. Lady, and indeed to the Minister, that “day zero” did not commence and end when the Labour Government left office; “day zero” happened three and a half years ago and this Government and the hon. Lady now have a record to account for, regarding their actions during those three and a half years. I hope that today, including during this afternoon’s debate, we can potentially have her standing up not only to attack the previous Government but to pose some serious questions to the Minister about this Government’s performance.

Potentially, we need to look at why the number of people being stopped at our border, including checks on people from outside the UK, has halved since the general election and since this Government came to power. Statistics from the Library show that, comparing the first quarter of 2010 with the second quarter of 2013, checks at the border have fallen by 46.4%, from 26,378 to 14,134.

The Minister needs to be aware of the serious issue of deportation of criminals. Why has the number of foreign criminals being deported fallen by 13.5% in the past three years, from 5,471 to 4,730? As a Justice Minister, I visited Nigeria to negotiate the agreement on prisoner deportations, and I did the same in Vietnam and in China. However, the number of foreign criminals being deported under such agreements has now fallen. The Minister needs to account for that fall.

One of the interesting aspects of this debate has been that only the hon. Member for Cambridge mentioned the issue of labour markets associated with European immigration, which is a big issue. Will the Minister say why the number of people fined for employing illegal immigrants has halved since the general election? Such fines act as a deterrent. I want to know why the number of people who have been prosecuted since 2010 for not paying the minimum wage is only two. The Minister and the hon. Member for Witham know that there are many cases where people are being exploited and undercut, and where such enforcement is required.

The Minister needs to respond to some of the points that the hon. Lady made about waits and competence on tier 1 visas. Why is it that it took 30 days for a tier 1 visa to be processed in 2010, yet according to the response from the Home Office to a parliamentary question the delay in 2012 was 83 days? Innocent as I am in the first week of covering this brief, I also want to know why, for example, fingerprinting of individuals entering the UK illegally at Calais was cancelled by this Government. That was one of the self-evident controls that we need to consider in relation to this issue.

What is the Government’s answer to that question? The hon. Member for Cambridge has mentioned it. What we have, rather than effective action on some of those issues, is ad vans driving around some sensitive parts of our great capital city, with the simple message, “Go Home”. I would like the Minister to pay attention for a moment, if he would, because I believe that those ad vans are just a pilot. If I had watched “Question Time” on Thursday night to hear what he said, I would know that they were a pilot that could be rolled out yet this morning, in the Daily Mail, I read that sources close to the Home Secretary have said that the ad vans will be cancelled. Perhaps the Minister will say once and for all whether what he was saying on Thursday is true—or is what the Home Secretary has been reported as saying today true and the ad vans are being scrapped?

The Minister knows that my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) has said that she does not believe that those ad vans were a positive development, and I share her view. I hope that the vans have been cancelled, but perhaps the Minister will say whether he is the source close to the Home Secretary or somebody else is. What is the position on those vans?

We need to look at all the issues I have mentioned. However, the Government’s Immigration Bill, which we will debate in detail later today, examines just some of the issues relating to the major challenges that we face. Some real concerns have been expressed about the Bill regarding the ending of appeals for certain categories of migration. I might be old-fashioned in this respect, but I think the right of appeal still remains an important issue and we will test the Government on it when we debate the Bill.

Mark Field Portrait Mark Field
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The right hon. Gentleman will have gathered from my contribution that I am relatively liberal on matters of immigration. However, there is also no doubt in my mind, after 12 years as a constituency MP, that the abuse by immigration lawyers and others in the legal system is nothing short of a national disgrace. The idea of streamlining this system should be wholly welcomed across the House.

David Hanson Portrait Mr Hanson
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We will look carefully at that issue of appeals. Part 2 of the Immigration Bill proposes ending appeals, apart from administrative reviews, for a number of categories of immigration. We must look carefully at that issue, because I want to ensure that we speedily remove people who should not be here, and that we do not speedily allow in people who should not be here. However, we must also ensure that people have an opportunity to receive a fair hearing.

Will the Minister tell me—either now, later today or in Committee—why 50% of the current appeals are upheld? If 50% are upheld, that means that the original decisions in those cases were wrong. If the appeal mechanism is removed, what guarantees do we have that that 50% of appeals will not be unfairly dealt with by the Government? That is all I am seeking in this debate—fairness. With the Minister, I will happily consider how we can streamline the appeals system and make it more effective. However, if ultimately 50% of appeals are upheld and we remove that right of appeal, that 50% of appeals will not even be considered, which means that people from abroad will not come here and potentially will not have happy marriages, employment or other aspects of life, because of a failure of initial decision making. That is where we need to go back to, rather than potentially having a debate about who should and should not be here.

The landlord issues that are dealt with in the Immigration Bill are, in theory, perfectly acceptable, but we will need to consider the practical details of how they will work and how, for example, we can expect landlords to know the 400-plus types of visa or conditions of entry that might exist. In particular, constituencies such as that of the hon. Member for Cities of London and Westminster have a high turnover of students and other people coming here, and the same applies in many big cities. How landlords can be expected to do that job practically will have to be tested later today. We will also look in detail at the health fee issue and give the Bill a fair wind to test such issues in Committee.

I suspect that we will need to go to the basics of all the issues I have mentioned today. I noted that, with the exception of the hon. Member for Cambridge, the labour market issues that we want to look at when considering the Bill were not discussed by the hon. Members for Witham and for Cities of London and Westminster. We need to address those issues in detail.

I strongly believe that some labour market issues also relate to where the vast majority of new immigrants to the United Kingdom come from: wider Europe. If the labour market is undercut by people forcing down wages, poorer conditions and gangmasters in areas such as the east of England putting people into multiple occupations, which drives down wages and treats people casually, there will be tensions in society because people who are indigenous to the United Kingdom will feel that they are treated unfairly.

Today and during the weeks that the Minister and I will spend together in Committee, I want to look at the Government’s response to issues such as doubling the fines for breaching minimum wage legislation, strengthening the rules covering gangmasters, introducing measures to prevent migrants from being crammed into unsuitable accommodation such as overcrowded mobile homes to cut labour costs, giving local councils power to take enforcement action on the minimum wage, extending the Gangmasters Licensing Authority, stopping rogue landlords providing overpriced accommodation, and targeting areas with high levels of foreign recruitment, particularly in relation to recruitment agencies. We will test the Government on such issues, and I give credit to the hon. Member for Cambridge for touching on them. They must be addressed.

I want to give the Minister a few moments to contribute to the debate, and I would welcome it if his opening comment clarified the question of ad vans. I do not like reading Government announcements in the Daily Mail. I am sure what it says is true, because the Daily Mail would never, ever portray as a fact something that is not. Perhaps in his opening comment, he could tell us that he agrees with the Home Secretary that ad vans should be scrapped. If that were his opening sentence today, it would be welcomed on both sides of the House, certainly by the Liberal Democrat part of the coalition and Labour. It might be a U-turn from what he said on Thursday, but it would be a good, clear policy.

I hope that the Minister will touch on how many texts were sent to British citizens—I am waiting for replies to parliamentary questions on this—and the basis of the information for that part of the campaign. Instead of looking at gimmicks and rhetoric, we should look for cross-party consensus on dealing with illegal immigration, effective border controls, removal of foreign prisoners, stopping sham marriages, closing sham colleges, and ensuring that in our rhetoric and policy we do not deter the positive people who want to come to the United Kingdom. We must make it easier to attract skills and easier to bring students here. We must use immigration as it has been used historically: as an engine for growth instead of a rhetoric for fear.

10:44
Mark Harper Portrait The Minister for Immigration (Mr Mark Harper)
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It is a pleasure, to serve under your chairmanship, Mr Crausby. I congratulate my hon. Friend the Member for Witham (Priti Patel) on securing this debate. The right hon. Member for Delyn (Mr Hanson) said that she served an aperitif, or a full plate of hors d’oeuvres. This is the first chance I have had to welcome the right hon. Gentleman to his post. He said that he has been doing the job for 10 days, and I look forward to our debate in the House this afternoon and the time we will spend discussing the Bill in Committee.

The right hon. Gentleman said that the issues are important and referred to the labour market. He also referred to the Conservative, Liberal Democrat and Democratic Unionist parties. I am astounded that no Labour MPs thought the subject worth debating. I am sure their constituents raise the matter with them all the time, and I cannot for the life of me understand why they did not want to come here. Perhaps the previous Labour Government’s record will explain that.

David Hanson Portrait Mr Hanson
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They trust me.

Mark Harper Portrait Mr Harper
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I am sure they are wise to trust the right hon. Gentleman, but I have not noticed before in debates that because he is a Labour party spokesman, Labour Back Benchers did not believe it necessary to come along and contribute.

I want to spend some time responding to the points raised by my hon. Friends, but first I want to explain briefly why the issue is of great concern. My hon. Friends the Members for Witham and for Cities of London and Westminster (Mark Field) put their finger on it when they said that we inherited a shambles. The previous Government had let migration run out of control at more than 250,000 a year.

The asylum system was also out of control, and my hon Friend the Member for Cambridge (Dr Huppert) alluded to that. When we came to office, we inherited 450,000 cases that had not been concluded; my predecessor, my right hon. Friend the Member for Ashford (Damian Green), did a sterling job in sorting that out and driving the number down. The hon. Gentleman is right in saying that we have not completed that work; we are still working through some very old cases. We know from the work of the chief inspector of borders and immigration that there was a period from 2007, under the previous Government, when, when there were queues, checks were not carried out, to manage the length of the queues. That does not happen now. We have an operating mandate: everyone who arrives at an airport is checked.

The right hon. Member for Delyn mentioned the one mistake that I believe the Labour party has acknowledged. The lack of transitional controls on accession countries in 2004, which my hon. Friend the Member for Cities of London and Westminster mentioned, was a huge mistake and is part of the reason that immigration is an issue. Parts of the country saw significant and fast growth in the number of migrants, which put public services under pressure. However, the right hon. Gentleman did not mention something that the Labour party skips over. During its period in office, the number of people coming from outside the EU was twice as high as the number from inside the EU. Yes, the Labour Government made a mistake with transitional controls for EU migrants, but what they do not talk about is the fact that twice as many came from outside the EU and there were no legal constraints from EU rules. They let that run out of control.

My hon. Friend the Member for Cities of London and Westminster talked about the importance of welcoming people who contribute. That is absolutely right. Ministers are always clear, although this is not always reflected in what is reported, about achieving a balance. We want the best and the brightest to come to Britain and we want people to contribute. The Queen’s Speech referred to an immigration Bill and it was clear that it would have two purposes. One was to attract those who wanted to come and to contribute, and the other was to deter those who did not. We must get both parts of that story right; I will touch on the detail in a moment.

My hon. Friends the Members for Cities of London and Westminster and for Witham talked about issues with EU nationals and where we need to tighten up on those who abuse free movement, particularly when there is criminality. There are some real issues of criminality in the constituency of my hon. Friend the Member for Cities of London and Westminster. Immigration enforcement officers are working closely with his local authority and the Metropolitan police to deal with those involved in what we tend to call low-level criminality, but which has a real impact on UK nationals and visitors who want to come and spend money in our country. We have taken significant steps.

The real issue with EU nationals is that although we can remove them from the country and we have had some successful operations—for example, we removed a significant number of Romanian nationals from Hendon— they can come back. My hon. Friend the Member for Cities of London and Westminster should be aware that we are looking closely at the legal scope to take a tougher approach, and I hope that he will welcome that.

My hon. Friend should also be aware that because of pressure from the Home Secretary at EU level, we finally got the message home. At the Justice and Home Affairs Council on 7 and 8 October, the Commission accepted for the first time that there is an issue with abuse of free movement rights. Commissioner Reding stated that free movement is a fundamental achievement, with which I agree, but the Commission also noted that free movement rights are weakened by abuse and that it would support member states to use existing EU tools—including sanctions such as expulsion and re-entry bans in certain circumstances, with the appropriate safeguards—to fight such abuse. That is very welcome.

The Home Secretary raised those issues with the Commission and with colleagues from Germany, Austria and the Netherlands, and we have started to build a sense that there is a problem to solve. If we solve that problem and the problems of abuse, we will strengthen the benefits of free movement across the EU, from which many British citizens benefit, and make Britain a more attractive home for inward investment. I can give my hon. Friends the Members for Witham and for Cities of London and Westminster some comfort that we are addressing that situation.

My hon. Friend the Member for Cities of London and Westminster will also be familiar with Operation Nexus, on which we are working with the Metropolitan police to identify foreign nationals at the point of arrest and to consider where we have immigration powers that may be used alongside criminal justice interventions to remove people from the country who should not be here and who are potentially involved in criminality.

Jim Shannon Portrait Jim Shannon
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Operation Nexus is a campaign run by Scotland Yard, which I understand has indicated that it is seeking more resources so that it can do its job better. I understand that Scotland Yard is seeking resources from Europe, too. Have those resources been allocated? If so, are they allocated from Government funds or through European funding?

Mark Harper Portrait Mr Harper
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On resources—I mean to present this in a balanced way—it is not surprising that about a third of criminals in London are foreign nationals, but that is not a hysterical point; it is understandable, because broadly a third of the population of London are foreign nationals. The Metropolitan police’s core job of addressing criminality involves dealing with a significant number of foreign national criminals. The number is not disproportionate; the proportion is about what would be expected, given that there are significant numbers of foreign nationals in London. The tools we are able to give to the Metropolitan police, working with our immigration enforcement officers, means that it can do that job more effectively. We have seen significant success, and we have started to roll out those resources in the west midlands, for example, and increasingly in other police forces across the United Kingdom. I think that will be helpful.

The Home Office is also leading work with the Ministry of Justice and the Foreign and Commonwealth Office to address foreign national offenders. We have 16 priority countries—not 10, as my hon. Friend the Member for Strangford (Jim Shannon) said—including two EU member states, Portugal and Romania, which we are supporting in the use of the EU prisoner transfer agreement. We are working closely with colleagues in Romania to consider the effectiveness of Romanian criminals arrested in the UK being able to serve their sentences in Romanian prisons.

As the right hon. Member for Delyn said, we are working closely with the Nigerian Government. That work is not just the agreement, in which he rightly said that the previous Government had a role; the agreement had to be translated into Nigerian law, which has now been done. We have just signed a compulsory prisoner transfer agreement with Albania.

Jim Shannon Portrait Jim Shannon
- Hansard - - - Excerpts

Will the Minister give way?

Mark Harper Portrait Mr Harper
- Hansard - - - Excerpts

If my hon. Friend will forgive me, I want to address some of the points raised earlier in the debate.

My hon. Friend the Member for Cities of London and Westminster talked about the importance of being open for business, and I draw his attention to an excellent one-page guide circulated yesterday by the right hon. Member for Birkenhead (Mr Field) and my right hon. Friend the Member for Mid Sussex (Nicholas Soames), who ran the all-party group on balanced migration. The document is an excellent quick guide showing some important statistics on Britain being open for business, the number of business visitors and how easy it is to get a job here after university.

My hon. Friend the Member for Cities of London and Westminster is right that there are issues, although, largely, they are not issues of perception, but that does not mean they are not important. Of course, part of the job that the Chancellor and the Mayor of London were doing last week in China was to ensure that perceptions catch up with reality. For example, in China the average time for a business visitor to get a visa to Britain is some eight days, and we are looking to make that even faster for high-value visitors. I am not pretending that there are no real issues on the business side, because there are, but, certainly for overseas visitors, we have seen very strong growth.

There are many perception issues, which is why we have to be clear about what we are doing. I regularly meet universities and businesses, and I have met the City of London corporation. We are incrementally improving the system, and my hon. Friend is absolutely right that that is important for Britain.

My hon. Friend is also right to draw attention to health issues and the pressure on St Mary’s hospital, Paddington, in his constituency. He will have seen today that the Health Secretary has published a significant independent audit, which has been peer-reviewed and shows that the NHS is failing to recover some £500 million of income that it should be getting from the foreign nationals that it treats. Frankly, I find it extraordinary that the Labour party, or at least its health spokesman—I do not know whether he talked to the right hon. Member for Delyn—has said that it will not support our proposals on that. I do not know whether that is connected to the Unite union’s opposition to those health proposals. In fact, Unite has said that health workers should not collect money from foreign migrants. I do not know whether Unite is setting Labour’s policy, but that statement is extraordinary. We have a national health service, not an international health service. We are not talking about not treating people, which is one of Unite’s scare stories; it is about charging people who have no right to free treatment.

If my right hon. Friend the Health Secretary and I go to another European country, that country is much better at charging the UK for our health treatment; we are not very good at charging for such treatment. If we went to another country, we would be expected to use private health care. In some countries we would not get health treatment before paying for it. In the UK, though, we are talking about never withholding urgent treatment but ensuring that people pay for it, which is fair to taxpayers. I look forward both to the changes that we are making in the Immigration Bill and to my right hon. Friend’s proposals for charging overseas visitors and being more effective at recovering the money.

I will forgive the right hon. Member for Delyn because he has been in his job for only 10 days, but he should be aware that the Government who stopped fingerprinting clandestines at Calais were the Government of whom he was a member. That change took place in January 2010, which, as far as I can tell from looking at the calendar, was prior to the general election. Perhaps he should check. We will consider whether that is still correct and whether we could improve the process.

In her comprehensive speech, my hon. Friend the Member for Witham referred to ways of improving how we deal with cases. She is right, and several Members have touched on there being in-country issues in the United Kingdom when assessing cases, which is why my right hon. Friend the Home Secretary broke up the UK Border Agency. We now have a UK visas and immigration operation that has a real focus on customer service for people who are paying for visas and coming to the United Kingdom to work hard, study and contribute. We want to give them good customer service. We are not there yet, but we have significantly improved on the backlogs that we saw in 2012-13. We are trying to improve both the overseas performance we deliver and the performance in-country.

I will continue meeting universities, as I did with my hon. Friend the Member for Cambridge—I had an excellent meeting with his university. We have taken some of those meetings forward. I meet the Russell Group, and I meet other top-quality universities in Britain to address their real issues, so that we can continue to increase the number of university students who come to Britain while ensuring that those institutions that are selling not education but immigration permits, which my hon. Friend the Member for Cities of London and Westminster talked about, are put out of business and cannot abuse the immigration system.

My hon. Friend the Member for Witham talked about people who make lots of claims and delay things, and she is right. I fundamentally believe that we should offer asylum to those who are genuinely fleeing persecution, but if the system is to work and to command public confidence, the flip side is that those whom we find do not need our protection—and where an independent judge agrees that they do not need our protection—should return to their country of origin. We should not have to spend thousands and thousands of pounds of taxpayers’ money detaining those people and enforcing their removal. Everyone who abuses our system in such a way is damaging the interests of genuine refugees, to whom I want Britain to give a warm welcome and to enable them to rebuild their lives. [Interruption.] With the greatest respect, this debate was called by my hon. Friend the Member for Witham and I am trying to cover all the important points.

The Immigration Bill will streamline the immigration process and ensure that for foreign national offenders, if we can, we will have non-suspensive appeals so that, as long as they do not face irreversible harm overseas, we can deport them first and hear their appeal afterwards. In many cases, I suspect that will mean that we never hear the appeal, because my hon. Friend and I both know that the appeal is a mechanism to delay their removal from the United Kingdom.

We have had a comprehensive debate that is perhaps a warm-up for the Second Reading of the Immigration Bill, which I look forward to.

Gibraltar and the George Cross

Tuesday 22nd October 2013

(10 years, 6 months ago)

Westminster Hall
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11:00
Oliver Colvile Portrait Oliver Colvile (Plymouth, Sutton and Devonport) (Con)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Crausby. I thank the Backbench Business Committee for selecting me to have this debate on the possibility of the Crown awarding Gibraltar a George Cross to demonstrate that gallant naval port’s loyalty to Britain. The George Cross was created on 31 January 1941 by Her Majesty’s father, George VI. It has been awarded twice to a group of people, first to Malta in 1942 for its resistance following significant bombing by the Germans during the second world war, and more recently to the Royal Ulster Constabulary in 1999. I pay tribute to the armed forces that served in Northern Ireland during recent times. In both cases, the Crown recognised that those groups of people had shown real loyalty to the United Kingdom.

I am firmly behind the George Cross for Gibraltar campaign, which is organised by one of my constituents, Kevin Kellway. Kevin has had an illustrious campaigning career. When I first met him, he was campaigning for the restoration of the art deco Tinside pool on Plymouth Hoe, which is one of the jewels in our city’s crown. Before I arrived in Plymouth, Kevin was one of the leading lights in the campaign for Gibraltar to become part of the south-west region within the European Parliament. He organised a 30,000-strong petition in the 1990s to keep the Rock British.

Gibraltar’s connection with Devonport, in my constituency, is legendary, because both have a naval dockyard and naval base. Three hundred years ago this year, Gibraltar was ceded in perpetuity by the Spanish to the British Crown at the treaty of Utrecht in 1713 following the Spanish war of succession. It is now a British dependent territory and has withstood more than four sieges over the past three centuries. Throughout that time, it has remained loyal to the Crown.

The Spanish war of succession arose over the succession to the Spanish Crown following the death of the childless Charles II of Spain in November 1700. The two candidates for the throne—who, needless to say, were not up for election—were the French Prince Philip of Anjou, grandson of Louis XIV of France, and the Habsburg Archduke Charles of Austria. Louis XIV, the Spaniards who were loyal to Philip V and the Electorate of Bavaria supported Philip of Anjou. England, the Netherlands, Austria, Portugal, Savoy and some of the German states supported Charles in a grand alliance, because they were concerned that the unification of the Spanish and French Crowns might result in France dominating not only Europe but the Americas. That was before the American war of independence.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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I have written a George Cross citation, and I always thought that one of the criteria was that it had to be awarded for something that had happened post its foundation, so retrospective gallantry awards before the second world war would be difficult. I am in total favour, and a supporter of Gibraltar, but I wonder on what criteria a George Cross could be awarded since 1941-42.

Oliver Colvile Portrait Oliver Colvile
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Gibraltar has an extremely distinguished historic position and loyalty, and I will come on to that during my speech.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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The fact that Gibraltar has withstood four sieges, and that it has withstood military and economic threat since it became British, is a good reason for the country to be given the George Cross.

Oliver Colvile Portrait Oliver Colvile
- Hansard - - - Excerpts

I thank the hon. Gentleman for his helpful intervention. I think that that is a fair point, and I will address it later in my speech.

Since the beginning of the war in 1701, the allies had been looking for a harbour in the Iberian peninsula from which to control the strait of Gibraltar and facilitate naval operations in the western Mediterranean. The key players in that campaign for Gibraltar were our own Royal Marines. I fear that I must declare an interest here. Not only is the British amphibious capability based in Devonport, and 3 Commando Brigade in Stonehouse—both in my constituency—but I am the vice-chairman of the all-party parliamentary group for the armed forces, under the chairmanship of my hon. Friend the Member for North Wiltshire (Mr Gray), with special responsibility for the Royal Marines. Therefore, I see my role as the champion and ambassador for the Royal Marines in Parliament.

James Gray Portrait Mr James Gray (North Wiltshire) (Con)
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My hon. Friend gives me the opportunity to say in public something that I have often thought in private, namely that he does an outstandingly good job of chairing the Royal Marines group in Parliament, and I am extremely grateful to him for it.

Oliver Colvile Portrait Oliver Colvile
- Hansard - - - Excerpts

I thank my hon. Friend for that wonderful intervention. As hon. Members may know, Gibraltar is the battle honour of which the Royal Marines are most proud. Gibraltar appears on their berets, and they take a massive pride in that battle honour; indeed, it is the only one that they recognise. For me, that badge encapsulates the Royal Marines and their commando spirit.

Beneath the Rock of Gibraltar, the only landmark in the region, sits the densely populated city. It is home to more than 30,000 Gibraltarians, who in 1967 and 2002 rejected proposals for them to become part of Spain. It is a major economic motor in that part of southern Spain. In the 2002 referendum, 99% of Gibraltarians voted to remain British.

Jack Lopresti Portrait Jack Lopresti (Filton and Bradley Stoke) (Con)
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I congratulate my hon. Friend on securing this debate. He quite rightly pays tribute to Gibraltar’s fantastic past glories, especially when it comes to military capability. He and I both have a great connection with Gibraltar through our south-west constituencies. It is worth mentioning that we are not talking just about the past, even though his campaign may be about the past. I want to put on the record how grateful we are that Gibraltar is of vital strategic value in the Mediterranean and for our forward operating base capabilities. Indeed, it recently played a role in Operation Ellamy.

Oliver Colvile Portrait Oliver Colvile
- Hansard - - - Excerpts

I thank my hon. Friend for his intervention, and I welcome him back to the House of Commons after the rather difficult time that he had over the summer. He makes a fair point, which I hope to deal with. Gibraltar played a significant role prior to the battle of Trafalgar and during the Crimean war. Its strategic value increased with the opening of the Suez canal, because it lay on the sea routes between Britain and the British empire east of Suez. If Britain had not had control of those straits, we would not have been able to bottle up the French fleet in the Mediterranean during the Napoleonic wars. That would have allowed the French to come out from Toulon and run all over the Atlantic.

Gibraltar also played a major role during the second world war. The decision by the Spanish dictator Franco to remain neutral during the war, and Spain’s reluctance to allow the German army on to Spanish soil, stopped Hitler gaining control of the strategic naval port. Gibraltar has not only provided a naval base and dockyard for our Royal Navy to operate from, but has ensured that we have a Mediterranean base where ships and submarines can be repaired when out on operations.

I believe that by giving Gibraltar the George Cross, Britain will send a clear message that we want to thank the Gibraltarians for their loyalty and that we abide by the commitment that the Gibraltarians have shown in referendums to remaining a British overseas territory. Consistently, Spain has campaigned for the British Government to hand over sovereignty of the Rock. The current dispute over the fishing reef is yet another example of how the Spanish Government do not get the message. For some reason they think that if they carry on pushing they will get a result. I hope that nothing could be further from the truth.

It has always been said that Gibraltar will cease to be British only when the monkeys leave the Rock. The last time I was there was on national day last year, when I met a delightful former Miss World, and I assure you, Mr Crausby, that the monkeys were present in abundance. They stole fruit from my bedroom in the Rock hotel. I fully realise that the Government must consider proposals of this kind case by case. However, giving Gibraltar the George Cross would support its fortitude, loyalty and determination, and would emphasise the nature of the honour—an emphasis established by George VI himself. Anyone who wants to join me, the Friends of Gibraltar and Gibraltar’s Equality Rights group in the campaign for the George Cross can access the petition on http://dorcasmedia.com/gibraltar-petition or on the George Cross for Gibraltar Facebook page. In so doing they will be sending a very clear message: hands off our Rock!

11:11
Mark Simmonds Portrait The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mark Simmonds)
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I am pleased to be serving under your guidance, Mr Crausby. I congratulate my hon. Friend the Member for Plymouth, Sutton and Devonport (Oliver Colvile) on securing the debate and on his articulate remarks, including a brief history lesson about Gibraltar’s importance and the significance of its relationship with the United Kingdom. He rightly explained that we have a proud 300-year shared history.

We strongly welcome the wish of the people of Gibraltar to remain British. Our relationship can be pithily summed up by saying that Gibraltar’s history is our history. We must never forget that. My hon. Friend was right to highlight the significance of the fact that 99% of Gibraltarians voted for Gibraltar to remain an overseas territory of the United Kingdom. I want to state firmly that we shall continue to respect the wishes of Gibraltarians and to protect their right to determine their political future. My right hon. Friend the Prime Minister reiterated that in his message to Gibraltar marking its national day on 10 September. I urge any hon. Members who have never attended Gibraltar national day to do so. It is a stark reminder of the importance of the relationship, and of how passionately Gibraltarians still feel about the UK and Gibraltar working closely together.

I am grateful to my hon. Friend for setting out why he believes Gibraltar should be awarded the George Cross. The British Government value highly the loyalty and service that the people of Gibraltar have given to the Crown and the UK during 300 years of British sovereignty. Gibraltar has been and remains a strategically important location for British defence—a key point that was made by my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti). Through a succession of conflicts, from the war of the Spanish succession to the present day, Gibraltar has provided a vital base for our armed forces and for the Royal Navy. It has made a strategically important contribution.

Bob Stewart Portrait Bob Stewart
- Hansard - - - Excerpts

Two hundred and eight years ago, Gibraltar was crucial to our winning the battle of Trafalgar, which gave the Royal Navy superiority over the seas of the world for 100 years. It was incredibly important.

Mark Simmonds Portrait Mark Simmonds
- Hansard - - - Excerpts

My hon. Friend makes a good historical point. Of course, he will be aware of Gibraltar’s pivotal strategic role not only in the Napoleonic wars but in the second world war—despite serious attempts by the axis powers to take it.

The Chairman of the Equality Rights group in Gibraltar, Mr Alvarez, whom I am sure my hon. Friend the Member for Plymouth, Sutton and Devonport knows, is leading the “Thumbs Up for Gibraltar” campaign, which was launched in Gibraltar in mid-August. The commendable and worthwhile overall aim of the campaign is to generate awareness and support for Gibraltar among the British public.

Oliver Colvile Portrait Oliver Colvile
- Hansard - - - Excerpts

My hon. Friend may know that I have also taken part, and had my photograph taken at the Royal Naval hospital in Stonehouse in my constituency, with my thumbs up. If the Minister would like to take the opportunity to do that at some stage, we should be delighted to have him on board.

Mark Simmonds Portrait Mark Simmonds
- Hansard - - - Excerpts

I am sure that my hon. Friend will know that I am a dedicated and passionate advocate of Gibraltar and the other overseas territories. I work closely with the Gibraltar Government and other overseas territories Governments, to increase co-operation between those territories and the UK, and to bring about more inward investment from the UK and more capacity building from the UK Government, to help them to cope with life in the 21st century. That is all set out in “The Overseas Territories”, the White Paper published in June 2012. A key part of that was to do with increasing public awareness of the territories, and I wish the “Thumbs Up” campaign, in all its various guises, well in its efforts to do that.

I should mention that Gibraltar is an active and energetic participant in the joint ministerial council. The council convenes every year, and the leaders of the overseas territories come together in London to discuss important issues. I hope and believe that Gibraltar will continue to play an important role in that.

Mr Alvarez wrote to the Prime Minister in mid-August setting out why he believes it would be appropriate for Gibraltar to receive the George Cross; particular stress is placed on historical arguments and Gibraltar’s strategic role in the second world war. The campaign also points out Gibraltar’s steadfast response to more recent events, such as those of the Franco era, and its role as a base for military operations in conflicts in the Gulf and the Falklands. Those events cover a long period. I recognise the hardship that the people of Gibraltar have suffered in wartime. They have experienced some very difficult times as a result of political pressure from Spain. The closure of the border from 1969 until its full re-opening in 1985 caused prolonged distress to thousands of people by separating families and friends. This summer the people of Gibraltar have again demonstrated their resolve in a period of heightened tensions. The strength of their spirit was once again reflected in the celebrations in Gibraltar on national day this year.

Perhaps it would be helpful for me to say a little about gallantry awards.

James Gray Portrait Mr Gray
- Hansard - - - Excerpts

Before my hon. Friend does that, may I reflect on the fact that the Royal Gibraltar Regiment has done the nation fantastic service, most recently in Afghanistan, where its commanding officer was awarded the military cross? I hope that elements of the regiment will, at 3.15 this afternoon, arrive at the north door of Westminster Hall to march in with the rest of 1st Mechanised Brigade. That will be an opportunity for us all to thank the entire brigade.

Mark Simmonds Portrait Mark Simmonds
- Hansard - - - Excerpts

My hon. Friend is right to put on the record the significant contribution of the Royal Gibraltar Regiment. I was not aware that members of the Regiment were coming this afternoon, but I hope that as many hon. Members as possible will attend to pay their respects in view of the significant contribution that has been made.

Furthermore, the Governor-designate of Gibraltar, Lieutenant-General Sir James Dutton, who takes up his appointment this year, is the former Commandant-General Royal Marines. He maintains those strong links between the UK and Gibraltar, because the Royal Marines’ historical links date back a significant way—to 1704, I believe—which further cements and exemplifies the importance of the UK-Gibraltar relationship.

Gallantry awards are usually made in recognition of specific acts of bravery by individuals in saving or attempting to save life. The George Cross, as hon. Members know, is the highest of the awards for civilian gallantry. The hallmark of the award is deliberate self-sacrificial heroism with the imminent prospect of death. Before anyone else points it out, however, although the George Cross is intended for acts by individuals, it has been awarded on a collective basis on two occasions: to Malta in 1942, and to the Royal Ulster Constabulary in 1999.

This debate is not about Malta or the RUC, but it is relevant to point out the circumstances in which they were awarded the George Cross, because that will help to explain why such an award is so rare. Malta was awarded the honour for the heroism and devotion of her people in the face of extraordinary danger. The island experienced one of the heaviest, most sustained and concentrated aerial bombardments in history. Axis forces flew some 3,000 bombing raids over two years. From 1 January to 24 July 1942, there was only one 24-hour period in which no bombs fell on Malta. In March and April 1942, the island received twice the bomb tonnage dropped on London during the blitz. The population were forced to live in tunnels and caves, where they suffered malnutrition and scabies, and 1,600 civilian lives were lost—a huge and significant sacrifice.

The RUC was honoured for its service as a bulwark against, and the main target of, a sustained and brutal terrorist campaign. The force suffered heavily in protecting both sides of the community from danger. By the time of the award in 1999, 302 officers had been killed in the line of duty and thousands more had been injured, many seriously.

I have noted carefully the points that my hon. Friend the Member for Plymouth, Sutton and Devonport has made regarding Gibraltar, as well as the contents of the letter sent to the Prime Minister. I hope that hon. Members understand that what I can say today about the success or otherwise of such a nomination is limited, and I understand that no formal application has yet been made. The Foreign and Commonwealth Office has replied to Mr Alvarez’s letter to the Prime Minister with details of the criteria for gallantry awards, including the George Cross, and with guidance on how to submit a nomination. As part of any such nomination, the “Thumbs Up” campaign, Mr Alvarez and the others who are interested should put forward all the historical and contemporary evidence that they consider to be relevant in support of their case. All such information will be received.

There is a George Cross nomination committee. The form will initially be sent to the Foreign and Commonwealth Office, which will discuss and consult throughout Government. Any conclusions and recommendations will then be sent to the Cabinet Office. Ultimately, the committee’s recommendations are referred to the Prime Minister, who forwards them to Her Majesty the Queen for final approval or otherwise.

Oliver Colvile Portrait Oliver Colvile
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Will the Minister give some kind of time scale for the committee coming to a conclusion and making a decision? He might prefer to write to me and set it out later.

Mark Simmonds Portrait Mark Simmonds
- Hansard - - - Excerpts

It is difficult to set out a detailed time frame when no formal nomination has been received. To ensure against any misunderstanding, however, I am more than happy to write to my hon. Friend and place a copy of the letter in the House of Commons Library, so that all hon. Members can see the time scale for the process to reach a conclusion once a nomination has been received.

All reasonable cases for civilian gallantry awards are given serious and careful consideration by the George Cross committee. Its recommendations are referred to the Prime Minister. I urge my hon. Friend and other interested parties, who so passionately believe in their campaign, to expedite the application so that clarity can be given as soon as possible. Whatever the result of any deliberations and consultations, I hope that the huge positive significance of the UK relationship with Gibraltar—in terms of Gibraltarians being enthused by being an overseas territory of the UK and of the UK being enthused by the positive reaction of Gibraltar to the close ties—will continue in perpetuity. It will certainly continue, as long as this Government are in power, for as long as the Gibraltan people want to remain closely tied to and an overseas territory of the UK.

11:25
Sitting suspended.

Teacher Training and Supply

Tuesday 22nd October 2013

(10 years, 6 months ago)

Westminster Hall
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[Martin Caton in the Chair]
14:30
Bill Esterson Portrait Bill Esterson (Sefton Central) (Lab)
- Hansard - - - Excerpts

It is a pleasure, Mr Caton, to serve under your chairmanship. The training of teachers is a highly complex subject, and also an extremely important one, given the impact that the quality of teaching has on children’s life chances and on the country as a whole. When I told my 12-year-old daughter what this debate was about, she told me that training teachers was a waste of time.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
- Hansard - - - Excerpts

That is Government policy.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

That is an interesting early intervention from my hon. Friend on the Front Bench. I foresee an interesting discussion next Monday morning at my daughter’s high school.

The Government said in their response to a Select Committee on Education report that

“the quality of teachers is the most important factor in determining the effectiveness of a school system.”

The Secretary of State has made that point many times, and I agree with him, at least on that, if not on what he does to ensure that it happens.

I requested this debate in light of figures published by School Direct and concerns raised about the implications for teacher training and education. School Direct enrols unqualified graduates to teach in schools and trains them while they are teaching. The programme has been expanded this year, causing a significant change to teacher training as a whole and leading to concern about that training and the supply of teachers. I will explore the concerns raised by School Direct. Teacher training in this country is regarded as being of a high standard and improving, a point made to the Select Committee in evidence sessions.

I shall also look at some of the evidence on what constitutes great teacher training and what is considered to be going well. My comments will also cover the concerns raised about the impact on universities and their ability to continue to play their part in ensuring that the highest standards of professional training apply. I may also look at the inherent contradiction in a system of teacher training that is supposed to promote the highest standards but operates alongside an academy system in which unqualified teachers can be employed. On that note, there has been a 141% rise in the number of unqualified teachers since the 2010 election, and free schools have been allowed to award 10% of teaching posts to unqualified teachers. It is difficult to report those figures without questioning how the growth in the number of unqualified teachers can sit alongside the Government’s claim that improving the standard of qualified teachers is so important.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

I received an answer to a written question recently from the Under-Secretary of State for Education, the hon. Member for Crewe and Nantwich (Mr Timpson), who said of the qualifications of teachers working in free schools:

“Data on each qualification held by each teacher is not collected”.—[Official Report, 16 October 2013; Vol. 56, c. 746W.]

Is my hon. Friend the Member for Sefton Central (Bill Esterson) as surprised as I was about that?

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I congratulate my hon. Friend on getting an answer from the Department. I know how difficult that sometimes is. It is extraordinary that the Government do not know the details of what goes on in schools over which they have direct control. I can only imagine what their comments would be if information about what goes on in local authority schools were not available. Perhaps the Minister will respond to that. On qualified and unqualified teachers—who knows?—we may find out today just what Lib Dem policy is on the importance of having high-quality teachers.

Under the Department for Education’s School Direct programme, 9,000 teacher training places were transferred from universities to schools in 2012-13, with the expectation that schools would recruit trainee teachers who would commence training in September 2013. School Direct is led by schools, but is delivered in partnership with universities. According to the Department:

“School Direct is an exciting new training route for top graduates. Your school will have a job in mind just for you when you finish your training.”

Yet figures published in September suggest that the final numbers to be released in November will reveal a reduction in the number of new entrants to teaching. School Direct places have been going unfilled, with just 6,730 acceptances against an allocation of 9,580, unless the Minister has new figures for us today. In addition, the number being trained through the university route is down due to the lack of places being given to the institutions by the Department for Education as a result of the move towards School Direct.

Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
- Hansard - - - Excerpts

I congratulate my hon. Friend on securing this important and timely debate. Does he agree not only that the figures he gave are worrying, but that the problem is exacerbated by the fact that the National College for Teaching and Leadership seemed reluctant to transfer those unfilled places from School Direct to universities, so there is a shortage of people being trained in subjects such as maths and physics, instead of them being up to complement?

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I thank my hon. Friend for his intervention. Evidence to the Select Committee in its follow-up session was that that is exactly what has happened. Places that were not filled by School Direct were not transferred. In fact, some of the witnesses requested that that should happen, and that there should be virement between the different routes. Perhaps the Minister will respond to that.

When the application system for School Direct opened last November, the Government said there was overwhelming interest from prospective teachers, so what happened in between, given the gap between the number of places and the number of enrolments? Other hon. Members will want to address that question—so do I—but first let us look at some of the background.

In his report for McKinsey in 2007, Sir Michael Barber found that while high-performing systems such as those in Finland, Japan, Singapore and Korea had very different approaches to the curriculum, teaching methods and school structures, they all made the quality of teaching their top priority. Sir Michael concluded that the top two priorities for raising school standards are getting the right people to become teachers and developing them into effective instructors. In 2010, McKinsey published a follow-up that showed that

“building the instructional skills of teachers and management skills of principals”

is a common factor in improving school systems everywhere in the world. So far, so good; that ties in with what the Government are saying.

The Institute of Education also quotes research that shows the dramatic impact that different teachers have on pupil progress. It shows that pupils who are taught by the best teacher in a group of 50 will learn twice as fast as average, while those taught by the worst teacher make only half the average progress. The Government’s 2010 White Paper looked abroad for inspiration, noting admiringly that South Korea recruits teacher trainees from the top 5% and Finland from the top 10% of their school leavers. That brings us back to the question: how did we end up with School Direct and such a shortage of applicants?

To begin to answer that question, I go back to what the Secretary of State said: that teaching is a “craft”, best learned on the job. That statement perhaps gives a clue as to why there has been such an acceleration in the scale of School Direct this year. That in turn may explain the problems being identified by so many of those involved in teacher training. As a result of the Secretary of State’s view, the Government decided to shift teacher training from the universities into schools, creating teaching schools on the model of teaching hospitals. That all sounds very plausible.

In April 2012, the Education Committee published its report, “Great teachers: attracting, training and retaining the best”, and held a follow-up evidence session last month. Evidence to the original inquiry looked at existing good practice in the UK. The Committee found that

“the partnership between schools and universities was often the recipe for successful provision, with a balance of theoretical and practical training vital for any teacher”.

In other words, the existing arrangements were working well, and more than one witness at the Committee advised the Government to take great care not to throw out the baby with the bathwater when they set up School Direct.

Those giving evidence to the inquiry were clear that the partnership needed to remain a key part of the training system. At the time, it was clear that employment-based initial teacher training providers—EBITTs—delivered significant portions of their training through other partners, including universities. In other words, the role of universities is crucial in teacher training. Theoretical as well as practical training are important—is important; it is important to get the grammar right in an education debate, Mr Caton.

The Committee noted in its report that

“the best systems internationally—such as Singapore and Finland…have universities heavily involved in or leading the training of teachers.”

However, in evidence to the Committee, the Government made clear their intention to see a significant increase in school-led teacher training, and the Minister for Schools has confirmed that School Direct could mean a move to a schools-based commissioning approach.

To be clear, there is strong support for school involvement in initial teacher training; after all, how else can trainees learn the practical skills that they need to become great teachers? However, warnings were given about the possible downside of unbalancing the partnership arrangements. Keele university argued that

“there is little or no evidence that schools have either the appetite or the capacity to take over the responsibility for the recruitment and training of teachers”.

Remember the Government’s comment about “overwhelming” interest from prospective teachers? Well, maybe that was not quite matched by the attitude of schools.

The Committee was also told that

“the balance is fairly good at the moment”

between schools and universities, and as one secondary head told the Committee, if the landscape

“swung all the way to school-based training…a lot would be lost.”

Martin Thompson, president of the National Association of School-Based Teacher Trainers, said the sector was not

“looking for a great change”

and that there were “dangers in a lurch”. However, the then Schools Minister, the hon. Member for Bognor Regis and Littlehampton (Mr Gibb),

“said the policy”—

the School Direct policy—

“had met with such demand that nearly double as many places as envisaged will be offered initially.”

I have my doubts about the grammar of that statement, but that was a quote. We have to wonder what happened between that apparently high demand and the massive under-recruitment in key subjects, and why the Government did not take more account of the warnings that were given.

The Committee agreed that School Direct could provide a valuable opportunity for those schools that have the capacity and appetite to offer teacher training, although I would argue that that was not the same as calling for a rapid expansion of the programme. The Committee also warned that a diminution of the universities’ role in teacher training could bring considerable demerits, and that it would caution against it. It concluded that

“partnership between schools and universities is likely to provide the highest-quality initial teacher education, the content of which will involve significant school experience but include theoretical and research elements as well, as in the best systems internationally and in much provision”

in this country.

In the follow-up session last month, the Committee was given some idea of why School Direct has under-recruited overall. Martin Thompson from NASBTT said that

“our experience, working with head teachers who have been doing recruitment and selection with us as a school-based provider for something like 10 years, is that they are finding that those schools that do not have the experience are looking for teachers and not trainees. They are not selecting, and we are getting returned to us people who we would probably have put on the course but they do not, because they clearly do not represent the finished article. If schools have not had significant experience in ITT recruitment as opposed to teacher recruitment, they tend to miss some of the opportunities that are presented to them”.

I hope that the Minister has taken full account of that—I know he was at the session and heard that statement at the time.

Mr Thompson made the point that head teachers who are used to recruiting trainees make the distinction between recruiting a trainee who has potential and finding the finished article before they have started training. Chris Husbands from the Institute of Education told the Committee that some schools are considering people whom they think would be good but who do not have the minimum entry requirements, such as GCSEs in English, maths and science at grade C or better. As the Chair of the Committee, the hon. Member for Beverley and Holderness (Mr Stuart), pointed out, academies and free schools are already free to do just that by employing unqualified teachers. The Minister will need to address the point about unqualified teachers, not least given the remarks of the Deputy Prime Minister.

It is perhaps not surprising that some maintained schools look at so-called academy freedoms and wonder why they, too, cannot recruit unqualified teachers. That evidence, again, came to the Committee. The Minister really needs to explain how he can say that he supports the highest possible standards in teacher training on the one hand, while encouraging the employment of unqualified teachers on the other.

I come back to concerns about the role of universities. It is clear that any threat to the ongoing involvement of universities is a major concern, given the implications for the quality of training that follow from the evidence I quoted earlier, when it comes to the importance of having equal partnerships with universities, and of theoretical, reflective learning, not to mention academic study in continuing professional development. Potentially, a key part of teacher training is under strain, according to what university teacher training departments are saying.

Returning to the setting-up of School Direct, evidence to the Committee suggested that planning for the set-up was inadequate. That included a lack of communication with universities, which made administration very difficult, and a lack of thought about how a school-based system would operate and about how schools would work with universities. As a result, universities were left with a lack of certainty, which makes planning impossible and means that they do not know whether they will be viable next year.

Chris Husbands told the Committee that schools cannot plan school places and therefore cannot plan teacher supply. In his view, School Direct has so far struck the wrong balance between schools and universities, which could lead to a shortage of teachers. James Noble-Rogers from the Universities Council for the Education of Teachers confirmed that the way that School Direct had been set up could destabilise existing high-quality provision. That would be the result of the transfer of places to School Direct from postgraduate certificates in education. According to Mr Noble-Rogers, the implication of the way School Direct has been set up is that it will become the only way into initial teacher training.

Given evidence that schools cannot plan the number of teaching places, the very real danger is that we will end up with a shortage of teachers year after year in certain subjects. Instead of raising standards, the Government could suppress them because of the way that School Direct has been set up. Some will say that universities and other teacher training providers have a vested interest in opposing change. The Minister may even say that—he is smiling at me; I wonder what that means. Chris Husbands’ reply to that point in the Committee suggested otherwise:

“I run an organisation of which initial teacher training is part of the core business. It makes up about 18% of my turnover. I think we do it well, and we do it because we are committed to high quality and standards. If someone comes along and says, ‘Here is a better and more effective way of doing it,’ I am prepared to accept that. What makes me feel uncomfortable is that we are being offered something to replace something that we know is broadly effective. The vast majority of provision in universities is good or outstanding, and we are being asked to replace that with an unknown quantity, but being told that that is becoming de facto.

I am not sure whether that is self-interest. It does not feel like self-interest to me. This is, ‘We cannot carry on; we are doing something else instead.’ But the basis on which I think it is being developed quickly does not to me make sense.”

said:

“We cannot carry on; we are doing something else instead”.

I think he was paraphrasing what the Government might have been saying.

The panel at the Committee’s follow-up session debated how School Direct had improved on existing school-led initial teacher training. I am afraid that the panel’s response will have disappointed the Minister. Its members suggested that there was nothing new. In fact, the view expressed was that the involvement of schools in the existing system was already strong enough. That prompts the question, why was that view not considered before the system was set up?

The Government say that they believe that having the best teachers is the single most important factor in ensuring high standards and good results. They also believe that we need to learn from other countries, where teachers invariably come from the ranks of the best-qualified graduates. That suggests that teaching should be one of the most desirable professions for graduates. International comparisons show that university involvement in teacher training is of the highest importance. However, serious concerns are being expressed about the viability of university teacher training departments as a result of changes made by the Government.

This year, in maths and physics—two subjects that are crucial to our economic success—we see that there is a chronic shortage of applicants. There are also shortages in other vital subjects, including computer science. Those shortages are occurring at the same time that significant changes have taken place in teacher training. They also indicate that the graduates with the best results are not applying to become teachers, including in subjects in which young people need the very best.

Robin Walker Portrait Mr Robin Walker (Worcester) (Con)
- Hansard - - - Excerpts

I congratulate the hon. Gentleman on securing the debate. This is a very important issue, but will he acknowledge that there have been shortages for a long time in the numbers of people coming through to teach maths and physics? That has not necessarily been caused by changes to the system. It went on for many years under the previous Government and is also going on under this one.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I am glad that the hon. Gentleman has made that point, because this has been a problem for a very long time. It is an international problem as well. However, the reality is that it has got worse in recent years, and when comparative studies were done between the applications for School Direct places and for places in existing provision, there was a bigger problem with the gaps in the School Direct system, which does not bode well for it. I am glad that he reminded me of that point, because it is a further example of where School Direct has not got it right yet.

The Government need to look at the evidence on what has happened, what works elsewhere, the importance of universities in teacher training, and how they avoid a crisis in the coming year as university teaching departments’ viability is considered. The Select Committee report’s evidence warned about rushing a change from the old system to a school commissioning system. Those warnings appear to have been ignored, and the evidence taken in the follow-up session shows that the rushed change has caused potentially serious problems in teacher training.

The Government should go back to the Committee’s original report and look at last month’s evidence session. They should also listen to the professionals who have a proven track record of delivering quality, and of improving teacher training so that it delivers for teachers and schools, ensures the long-term supply of teachers and, above all, delivers for children and young people. The Government should act quickly and make absolutely sure that teacher training is on track, involving successful partnerships between universities and schools, rather than the unbalanced approach that may have been created by their haste to grow School Direct.

14:53
Sharon Hodgson Portrait Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
- Hansard - - - Excerpts

I congratulate my hon. Friend the Member for Sefton Central (Bill Esterson) on securing this very important debate and on his measured and comprehensive speech setting out the problem. The Deputy Prime Minister is not in the room, and nor would we expect him to be, but I would like to thank him for his intervention at the weekend, which should make for an entertaining speech from my hon. Friend the Member for Cardiff West (Kevin Brennan). I shall leave the jokes to him; they are one of his many talents.

I would also like to thank the university of Sunderland for bringing this issue to my attention. Given the importance of the university to the city of Sunderland, I have a keen interest in its continued success, and I am in regular contact with the vice-chancellor, Professor Peter Fidler, to discuss any areas of concern that he may have. This is a particularly big area of concern for the university, and not just because of the financial implications. There are financial implications from losing places, of course, but the knock-on effect on the capacity of the university of Sunderland to deliver future places at the high quality that it currently provides is the most concerning impact. Sunderland is not alone in being challenged by this. In fact, because it has an “outstanding” rating from Ofsted for its secondary teacher training, it may be less affected than other universities, certainly in the short term. However, as my hon. Friend the Member for Sefton Central has described, this problem threatens to break the system in the medium to long term.

Colleagues will no doubt have seen the recent article on this issue by the former Secretary of State for Education and Skills, my noble Friend Baroness Morris of Yardley, who is also a former chancellor of the university of Sunderland and is still very much involved, so it cannot be said that she is speaking from an uninformed position. In that article, she sets it out clearly that the loss of guaranteed allocations and the lack of information about future numbers mean that initial teacher training providers are struggling to plan for the future. That makes it difficult for them to retain experienced staff and therefore to deliver high-quality training. In the worst cases, it could even mean that they will struggle to continue to run the courses on a viable footing. We are already seeing universities having to face up to that.

In the same article, Baroness Morris makes other valid critiques of the School Direct roll-out. She points out that there is no strategy to ensure even coverage of schools, either geographically or by subject area, meaning that opportunities may not be available to all candidates. She also points out that schools are under no obligation to fill the places that they have been allocated, meaning that we have no idea from one year to the next what the intake will be. However, the impact on the higher education sector, which, we should remember, also plays an important role in providing high-quality continuing professional development, is the most concerning.

What are the Government doing to counter the concerns? What the Minister and his colleagues have done, as in so many other policy areas, is in effect to absolve themselves of any responsibility for getting things done. There is no central planning, no assessment of the impact of the changes in the market and no accountability. In some ways, it is a remarkable contradiction of their academisation programme, which is a drive to make the Department directly responsible for an ever-increasing proportion of schools, although, as we saw last week, when failings emerge, Ministers are quick to absolve themselves of that responsibility too, so I suppose it does fit a pattern.

However, although we agree with Nick—to recycle that well used phrase—that teachers should be qualified, this particular issue of how they get that qualification is not a question of ideological or political differences. It is more a question of process and practicality. I like the idea of prospective teachers having a different postgraduate route into the profession. Provided that the schools providing these opportunities are up to scratch, particularly in terms of their special educational needs practice, School Direct should produce good teachers. Whether those teachers will be better or worse than those who gained qualified teacher status by the more traditional route is something that we do not know and may never know, so the extent to which Ministers and Government agencies appear to be championing this as a better option, rather than just an alternative option, is questionable.

A good idea is a good idea, but even the best ideas can run into problems because of a failure to think through and plan for their knock-on effects. Introducing and expanding new schemes must always be done with an eye on the consequences elsewhere, in consultation with those affected and in such a way as to support the core objectives. In this case, the Government appear to have ignored the concerns raised by universities and the Education Committee and are pursuing an implementation programme that will seriously affect other providers of initial teacher training. Worse is the potential knock-on effect of these reforms being a lack of teachers being recruited in shortage areas such as the sciences, including computer science, as we have heard. Even worse would be a shortage of teachers overall to meet the growing demand on the school system that is set to begin in a couple of years’ time because of the spike in the birth rate.

Duncan Hames Portrait Duncan Hames (Chippenham) (LD)
- Hansard - - - Excerpts

It seems to me that some factors that are relevant in anticipating the future demand for teachers may not immediately be apparent to schools considering their own immediate needs. Does the hon. Lady consider that perhaps we need some way in which those requirements could be factored into the demand for initial teacher training?

Sharon Hodgson Portrait Mrs Hodgson
- Hansard - - - Excerpts

I agree, and that is why the unintended as well as the intended consequences of the programme need to be thought through. One unintended consequence is that if there is no initial demand, because the demand goes in another direction, universities will have to let qualified staff go, so the staff will not be there to pick up the slack in a couple of years’ time. How it will work in the short term, as well as the medium to long term, must be thought through.

Unless we get recruitment policy right now, there will be a shortage of not only primary school places, but secondary school teachers, especially given the number, which we are all aware of, of teachers leaving the profession due to their being completely demoralised by the actions and rhetoric of a certain Education Secretary. I do not think that universities are asking for too much when they ask for some certainty now. They accept that new schemes will come along from time to time, as we discussed, but like me, they rightly believe that the established route into the teaching profession—a route that has created the best generation of teachers we have ever had, let us not forget—will continue to be the preferred choice for many candidates.

No matter what the law says now, it is the responsibility of Ministers to ensure that those high-quality places are still available beyond the next election. I hope therefore that the Minister will listen to the concerns raised here today, and over the past few months by groups such as Million+, and ensure that his Government do not, as they are in the habit of doing, throw the baby out with the bathwater.

15:01
Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
- Hansard - - - Excerpts

I again congratulate my hon. Friend the Member for Sefton Central (Bill Esterson) on securing the debate. It is good to speak under your chairmanship, Mr Caton.

All my 30-plus years in education tell me that well-trained teachers improve the quality of teaching and learning and the outcomes for young people. My hon. Friend demonstrated that the evidence collected by the Education Committee confirms that judgment. It would be laughable for someone who had studied biology and physiology at a high level to be deemed qualified to practice medicine with no medical training, yet the Government seem happy for people to teach with no teacher training. The clear message is that anybody can teach and there is no skill involved. I can tell the Minister that there is a lot of skill: it is taught and it is learnt. Interestingly, while the Government squabble with their schizophrenic self, parents are clear about what they want: qualified teachers teaching their kids.

I bumped into a local head teacher at the weekend and mentioned today’s debate, saying that I was concerned that teacher education and supply would be undermined if the Government did not act to put right some of the things they have got wrong.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

Given his 30 years’ experience, would my hon. Friend care to comment on the importance of continuing professional development and the impact of the reforms on it, as universities have raised concerns over the viability of their teacher training departments?

Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

My hon. Friend is right to draw attention to the overall ecology of support for teacher education and development. Other professionals work in the education industry and it is necessity for universities to provide part of the infrastructure. If the Government pull at one part of the infrastructure, other things will happen.

I told my head teacher friend whom I bumped into at the weekend that I thought things were in a spot of bother and might get worse. To my surprise, he said that teacher education and supply were already in chaos—that is from someone on the front line—adding that he did not understand why the effective graduate teacher programme had been scrapped. With a bit more digging—speaking to north Lincolnshire’s excellent lead for teacher induction, Kim Francis—I discovered that the restructuring and the reduction in staffing, with the responsibilities passed to the National College for Teaching and Leadership, coupled with systemic change in initial teacher training have resulted in widespread frustration for providers of initial teacher education. Lines of communication have become fractured and unreliable.

The Government’s single driver for policy implementation appears to be focused on School Direct, but given that schools need to be linked to accredited providers, serious confusion has reigned. Many schools are bewildered and question whether they have the capacity to implement and quality-assure initial teacher training. Locally, schools are ambivalent and lukewarm about taking on the responsibility.

Sharon Hodgson Portrait Mrs Hodgson
- Hansard - - - Excerpts

Does my hon. Friend agree that serious confusion seems to reign not only in the Department for Education, but in the Government, between the Prime Minister and the Deputy Prime Minister?

Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

Sadly, my hon. Friend is correct. Confusion is the name of the game, but we are fortunate, indeed blessed, to have the Minister for Schools here today. We all look with anticipation to his illumination at the end of the debate.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

Does my hon. Friend welcome the clarity with which the Secretaries of State for Energy and Climate Change and for Business, Innovation and Skills declared their agreement with the Deputy Prime Minister on the need for qualified teacher status in all taxpayer-funded schools? Does he look forward to the same clarity from the Minister today?

Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

I welcome the interventions by the Deputy Prime Minister and his senior colleagues, which made it clear that they are with us, and with parents, schools, universities and everybody who proffers an opinion, apart from the Secretary of State for Education. I am sure that that puts the Minister in a slightly difficult position, but I note that the Deputy Prime Minister’s representative on earth, the hon. Member for Chippenham (Duncan Hames), is here, so I am sure he will come down on the right side of the debate.

The new UCAS single portal for all initial teacher education applications was due to open on 1 November. All School Direct lead schools as well as all accredited providers will be listed—hundreds of organisations. North Lincolnshire has been trying to secure its registration since July. The NCTL appears to have been the problem in that it has not passed on the new school-centred initial teacher training details to UCAS. Last Friday, it was announced that the UCAS site will not open until 21 November, due to the backlog in registering organisations, thus further delaying the recruitment cycle for 2014-15. The announcement caused understandable consternation for providers, who made plans based on the 1 November date. That illustrates the chaos in the system.

In addition, the retrospective application of the new skills test, based on “three strikes and you’re out”, has made potential applicants more wary of enrolling for teacher training. The stakes for them are much higher than before. Although the rhetoric around standards is attractive, it may well have the opposite effect, because the detailed questions that should have been thought through have not been. Kim Francis comments:

“Everybody I speak with in ITE is frustrated and dismayed about the chaos that has been created—a common reaction being ‘you couldn’t make it up!’”.

That is the world of this Government at this time. A colleague working elsewhere in teacher education noted that the NCTL

“has neither the staff levels nor I would guess expertise, given the lack of background knowledge, to get out of this mess in any kind of hurry.”

Why on earth are the Government dismantling effective teacher education? If they are looking at international comparators, as my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson) pointed out, they might consider Finland, where it is universally recognised that children do well. Its teacher education has universities at its heart, is pitched at master’s level and involves longer periods of study and shorter classes. Instead, the Government chose to focus only on the idea of teaching schools, adapting it so as to be unrecognisable when compared with the Finnish model. They should go back to the start.

We could look at Canada, which is sixth for literacy in the programme for international student assessment tables—PISA. Universities are right at the heart of its teacher education. Students spend two years training and cover a wide range of educational theory, which they value. They spend much less time in the classroom, even over two years, than ours do. Teacher education is more than learning on the job. It is more than “Sitting next to Nellie”. Professor Christine Jarvis, dean of education at Huddersfield university, explains it well:

“Firstly, the obvious—teachers need to learn properly (not in the form of a few handy hints) about the psychology of learning, about the implications of social deprivation and context and not just about the specific government strategies and practices in force at any one time. They must have some in-depth knowledge. Second, they need time to reflect, critically, and with support away from the school in which they are working—the school whose practices they may wish to question. Third, teachers need to think about themselves as researchers, developing the ability to create knowledge about teaching—they need to learn research skills and methodologies. Finally, I think teachers are more than classroom practitioners. They are education professionals and should have a right to understand the job they are doing in a wider context, to take a place in wider society as people who can contribute to debate about what education should be, what schools should be.”

How profound and insightful that observation is.

The partnership between schools and higher education has been crucial to the success of teacher education. Universities are reporting requests for support from schools, but an unwillingness by schools to pay for such support. That is leading university vice-chancellors to question whether they can afford to be involved in this work. Schools are told by the NCTL that they must lead. They keep most of the income, design the curriculum and do most of the training, but because the university is the accredited provider, the university gets inspected by Ofsted. The university has little control and no power over the quality, but it will get the poor rating, while the school’s Ofsted grade will remain unaffected even if it messes up. It is not surprising, given the comparatively poor record of school-led teacher training in the past according to Ofsted judgments, that universities are worried about their reputations under the new arrangements. It is not surprising, therefore, that they are already beginning to cut their losses and pull out of teacher education.

The Government are presiding over a crisis in teacher education and supply that will get worse unless they act quickly. The limited opportunity to transfer allocations between different routes, which my hon. Friend the Member for Sefton Central has highlighted, has exacerbated the problem, impacting significantly on key subjects such as physics, mathematics and modern foreign languages. Overall, recruitment is 43% down in physics and 22% down in mathematics. Absurdly, the NCTL would not transfer unfilled School Direct places to universities, which consequently had to turn away good physics, maths and modern foreign languages candidates.

David Laws Portrait The Minister for Schools (Mr David Laws)
- Hansard - - - Excerpts

I do not want to abuse my position, but surely the hon. Gentleman is aware that because of the allocations that we gave to higher education institutes and to School Direct, higher education institutes were not turning away physics and maths graduates; they had unused space.

Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

That is not what higher education establishments are saying. Only last week, I met Universities UK, which made it very clear that according to surveys of the universities that are part of its ambit, many universities had to turn people down. Universities had asked for School Direct places to be reallocated to them, but that did not happen. That demonstrates some of the confusion in the system. The Minister may be right, or Universities UK may be right; I am not sure. I am just listening to the noise.

Universities UK is calling for the Government to ensure that sufficient core allocation is granted to universities to enable them to sustain provision, including the support that they can offer School Direct partnerships. My hon. Friend the Member for Washington and Sunderland West drew on the experience and testimony of Baroness Morris to illustrate how necessary that is for the stability of the system. Any rapid movement away from the current ratio of HE-led training and School Direct-led training will imperil that.

Confidence about future allocations is equally necessary for all proven initial teacher training partnerships, such as that in north Lincolnshire. As one school-centred initial teacher training programme manager recently said in exasperation,

“we still await confirmation of final allocations for both Core and School Direct places. Details of bursaries and scholarships were announced after the requests for places were submitted! Securing timely responses to our many and frequent enquiries to UCAS, Student Loans Company and NCTL is proving very difficult and making life extremely challenging and stressful for colleagues.”

Here are some questions for the Minister to focus on if he wants to turn the tide against this self-created crisis. In the light of current difficulties, will he resist the ideological temptation to increase School Direct allocations, and instead allow the system to stabilise? Will the Government provide greater certainty about the core allocation over the next few years to enable providers to plan and invest? Will the Government make it easier to transfer unfilled allocation between different routes to ensure that good candidates are not turned away? I note from the Minister’s intervention that he is, properly, concerned that that should be happening, and I hope that he is right about that. Will the Government take positive action to make HE equal partners in teaching schools by making it clear that HE partners should be invited to NCTL meetings and included in any correspondence about the teaching schools where they are partners? Will the Government look at getting Ofsted to inspect the lead organisation, whichever that may be, thereby better assuring future quality and putting accountability in the right place?

It is not too late to put the situation right, but teacher education is hurtling towards a shipwreck. If the Minister agrees with his party leader, the Deputy Prime Minister, that every child in a publicly funded school should have the right to be taught by a qualified teacher, he needs to say so today. He needs to take the necessary action to guarantee the quality of teacher education and secure future teacher supply. I am more optimistic—I am naturally optimistic—than the head teacher I bumped into at the weekend, but I do not have to run a school any more. I do not have to recruit the staff and secure the students’ future. I look to the Minister to act on those students’ behalf and take the actions that are clearly needed to avoid the rocks.

15:17
Pat Glass Portrait Pat Glass (North West Durham) (Lab)
- Hansard - - - Excerpts

It is a privilege to serve under your chairmanship, Mr Caton. I congratulate my colleague and fellow member of the Select Committee on Education, my hon. Friend the Member for Sefton Central (Bill Esterson), on securing the debate. It is a pleasure to follow my colleague, my hon. Friend the Member for Scunthorpe (Nic Dakin), who, like me, spent several decades of his career before coming into this place teaching and working in the education sector.

Until recently, the system of initial teacher training in this country was relatively simple and worked relatively well. I am the first to accept that schools have complained to me for decades that students coming out of university have to be taught how to teach, but when I have pressed them on the matter, they will accept—reluctantly, sometimes—that things have improved, that HE providers work well with schools, and that student teachers spend most of their final training year in classrooms teaching.

Until 2010, it was the job of the Department for Education, through the various reincarnations of the Teacher Training Agency, to decide each year how many teachers were needed and in what subjects. It was the job of the university-led teacher training institutions and schools, working together, to make sure that teachers in training had the right skills, knowledge and professionalism to work in our classrooms. Newly qualified teachers’ satisfaction with their courses was at an all-time high in 2010-11, which is the last year for which data are available. They rated their university courses as good or very good in 90% of cases. The proportion of graduate entrants holding a 2:1 or a first-class degree had been increasing steadily for years, prior to 2010. That is not perfect, and nor is there room for complacency, but it is a reasonably good picture, overall. There is recognition across the profession and, I think, throughout the House that we have a better, more qualified, knowledgeable and skilled teaching work force than at any time in our history. That is down to many things, not least of which is the quality of our ITT, which was recognised nationally and internationally as outstanding.

The Education Committee, on which I serve, looked into and reported on the issue of teacher training in some depth in the spring of 2012 as part of its “Great teachers” inquiry and report. I am sure that the Minister has studied it. We recognised the various and diverse routes into teaching and the role of the higher education institutions as well as school-based providers. It was clear to us that a sharp move from higher education and school-led partnerships to largely school-led provision was highly contentious and fraught with difficulties, not least because the school-led sector was not yet robust enough and did not have the capacity to replace the higher education sector. The Minister will no doubt say that he does not intend to replace the higher education ITT sector with school-led ITT, but that will be the outcome if the higher education-led ITT sector is not sufficiently funded and supported. Universities will simply reduce or withdraw from the market, closing their schools of education. As the Minister knows, that is beginning to happen.

As part of the inquiry the Select Committee visited Finland and Singapore, countries that are recognised as among the best in the world for ITT, and which the Secretary of State regularly cites as jurisdictions from which he wants to learn. They both have university-led teacher training and recognise that a knowledge base in education and child development, with a research-based dissertation through a university, are required to produce the best teaching force. In 2012 the Select Committee cautiously welcomed the extension of School Direct, but it had serious reservations that it wanted the Government to consider.

University-led ITT in England is recognised internationally as outstanding. Ofsted has confirmed that through its own inspection. If we truly believe that we need to learn from what is internationally outstanding, why would we not hesitate before putting the quality of that provision at risk? The Committee welcomed more school involvement in ITT, but we had reservations about whether schools are equipped to deliver the programme on their own and, in many cases, to lead it. We were particularly concerned about the time scale. Change is a fact of life, but to change too swiftly the balance from higher education-led to school-led ITT is to run the risk of damaging what is already a good—even outstanding—system. In the long run it will create a teacher shortage, which is exactly what appears to be happening.

Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

My hon. Friend is making a sound contribution to the debate. Does she feel that the Select Committee’s prescient alertness to what was happening, and its warnings, should have been heeded? We would not then be in the position that we are in now.

Pat Glass Portrait Pat Glass
- Hansard - - - Excerpts

I entirely agree. If the Government had attended to the warnings of the Select Committee in spring 2012 we would not be facing the crisis that my hon. Friend’s colleague and friend spoke about at the weekend. Since the Committee considered the issues it has been apparent that there is a worrying future for ITT in England, and for the future sufficiency of the teacher work force. The historical context is that every recent Tory Government has left office with a teacher shortage.

Some but not all School Direct places will offer an academic qualification such as the postgraduate certificate in education alongside qualified teacher status. However, accredited providers are accountable and responsible for the conferring of any academic qualification and QTS. In view of that, it is not surprising that students prefer to have an academic qualification including QTS from a university, rather than from a school, albeit one that is linked to a higher education provider. That is, if nothing else, an issue of status. All things being equal, what good maths graduate is going to choose school-based QTS over that awarded by a prestigious university? In that matter, I have some experience.

The problem is that Government policy is shifting funding from universities to school-led provision so quickly that, while universities may not be short of students applying for their teaching courses, they no longer have the funding to deliver courses of the quality and in the numbers that they have in the past. Universities are particularly concerned about the impact of the next round of ITT allocations on their ability to sustain teacher training. That includes the ability to sustain support for school-led routes such as the School Direct programme.

In 2013-14, as we have heard, ITT allocations and acceptances by Government have shifted by 25% to School Direct. More than 90% of postgraduate and undergraduate courses through universities were filled across the country and, in some cases, across subject areas, but only 66% of places allocated to School Direct have been met—well below the target allocation. In addition there has been over-recruitment in subjects including chemistry, history and PE, and that has masked much larger shortfalls in subjects such as maths and physics. Overall recruitment is 43% below target in physics and 22% below target in maths. The shortfall has been made worse because the Government have chosen to reduce allocations to HE institutions and universities, the bit in the system that we know works well and that has already been judged outstanding, while significantly shifting allocations to the School Direct programme, the bit in the system that is new, in many cases experimental and, as we now know, falling well short of targets. I understand that they have refused to shift the under-filled ITT places in School Direct to universities.

Duncan Hames Portrait Duncan Hames
- Hansard - - - Excerpts

The hon. Lady mentioned the core allocation provided to higher education institutions. Bath Spa university, which provides ITT for many in my constituency, has outstanding status and therefore still enjoys some core allocation. Does she share its concern that, with changes in the Ofsted regime, the number of higher education institutions with a guaranteed core allocation will decline?

Pat Glass Portrait Pat Glass
- Hansard - - - Excerpts

I agree entirely. I and others in the profession are extremely worried that the next round of ITT allocations will result in some universities cutting back further, or closing their education departments as they become financially unsustainable. If that happens, an even greater burden will fall on school-led provision without the support of the higher education element that everyone recognises as vital to the provision of good teaching.

Like other hon. Members who have spoken, I cannot understand the Government’s insistence on employing unqualified teachers in schools. I have an MSc and I think that, certainly in the past, I was qualified to teach mathematics, but a working knowledge of maths and statistics does not make a teacher. Without the benefit of a Bachelor of Education degree, I would not have had the necessary skills and knowledge of child development. I would not have known how children learn, or about differentiation and delivering a syllabus to a range of abilities. I would not have known about assessment, or understood what each child could or could not do, and what they needed to do next. I would not have been able to manage behaviour in a classroom, or to identify and meet the needs of children with special needs. Probably just as importantly, I would not have had credibility, or the trust of my colleagues, the parents, and the pupils. Pupils know who is or is not experienced, and they can quickly tell who is qualified. Often that will determine not only their willingness to listen and learn, but their classroom behaviour.

The Government need to step back and consider their future allocation for ITT carefully. They run the risk of irreversibly damaging a system that has worked well and served us well, that has provided us with the best teaching force that the country has ever had, and that is internationally recognised as outstanding. To plough ahead regardless is to risk destabilising the whole system, damaging it irreversibly and leaving the country with yet another Tory-made teacher shortage.

15:28
Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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This must remind you, Mr Caton, of your election to the House of Commons in 1997, for a Welsh constituency, because we seem to be in a Tory-free zone in the Chamber. Is that a Tory on the Bench behind the Minister? [Interruption.] No, he is a Liberal as well—so it is a Tory-free zone.

I congratulate those who have come to take part: my hon. Friend the Member for Sefton Central (Bill Esterson), who secured this important debate; my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson); and my hon. Friend the Member for Scunthorpe (Nic Dakin), who once again drew on his experience. I visited his college when he was a head teacher and I was a Minister, and a fine and well-led college it was. I congratulate him on delivering his speech to the accompaniment of the Household Cavalry outside; it was impressive how he kept going despite the drumbeat. My hon. Friend the Member for North West Durham (Pat Glass) also contributed, along with the occasional chipping in from the hon. Member for Chippenham (Duncan Hames), which was welcome. I found very little to disagree with in his interventions.

At the root of this debate is the fact that the Secretary of State for Education does not believe that teaching is a profession at all. He has made it clear that he thinks it is a craft to be picked up on the job, which is why he does not really care whether teachers in taxpayer-funded schools are qualified. That is his policy: teachers in academies and free schools need not be qualified. Bearing in mind that more than half of secondary schools are now academies, that represents the majority of schools in the country for children over the age of 11.

As far as the Secretary of State is concerned, as long as teachers have good subject knowledge, that is sufficient. Knowledge is important, but as the great Peter Kay said, knowledge is knowing a tomato is a fruit; wisdom is not putting it in a fruit salad. Let me make it clear that Labour believes, just as we now know the Deputy Prime Minister believes, that it is wisdom to ensure that teachers in our taxpayer-funded schools have or are en route to gaining a teaching qualification, and that they enhance those qualifications throughout their career through continuing professional development. Like my hon. Friend the Member for Scunthorpe, I did a postgraduate certificate in education many years ago. They were not always of the highest quality. We must always be trying to improve the quality of teacher training. During my teaching career, I went on to do an MSc in education management. It was an important part of the structure of a career.

I will not dwell on the disastrous recent news about the Al-Madinah free school, or from Pimlico, but the Government should reflect on some of those lessons during the next few weeks and months. In this debate, I will talk a little about current problems.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

Of course I will give way to the former Chair of the Select Committee on Education.

Barry Sheerman Portrait Mr Sheerman
- Hansard - - - Excerpts

I apologise for not being here earlier; I had soldiers returning today, and I had to greet them downstairs. I am sorry that they made a bit of noise.

The Education Committee of which I was Chair did a thorough investigation into the quality of teacher training. It can be improved, but there is a whole culture out there. I am a visiting professor at the Institute of Education. This is the week of the professions, when 15 professions have come together to say how important the professions are in setting standards and creating the culture of a profession. Does my hon. Friend agree that is more important in teaching than in almost any other profession?

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

I certainly do. The distinguished former Chair of the Education Committee makes a powerful point. The mood music from Government is important too in whether teaching is regarded as a profession, and it is highly important that teaching, of all professions, should be. We have worked hard in recent years, including through the efforts of my hon. Friend and his former Committee, to raise the status of teachers to the point where we could say with confidence and Ofsted’s support that we had the best ever generation of teachers in this country. That is in danger of being undermined by the current Government’s approach to the issue.

On the current problems, we support and have supported the trend for student teachers to spend more time in schools. We started the support of Teach First when we were in government—to listen to the Secretary of State, one would think that he invented it—and we supported its expansion. However, the trend should be managed properly. The problem is that in their eagerness to propagandise and oversell the School Direct policy, the Government have abdicated their role in securing enough teacher training places, they are not ensuring an even geographical subject spread and they are destabilising university teacher training. We heard about the example of Bath, an institution rated outstanding in teacher training, is considering giving up its teacher training programme next year due to the uncertainty created.

Duncan Hames Portrait Duncan Hames
- Hansard - - - Excerpts

I know that the hon. Gentleman did not find much to disagree with in my earlier remarks, but I certainly did not suggest that they were considering abandoning initial teacher training, although it is fair to remark that in its partnerships with schools, they rely on the talent that they can bring to its institutions with the certainty that their core numbers allow.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

I agree that the hon. Gentleman may not have said so, but they have said it themselves, in evidence to the Education Committee. It is on the record if he wants to check it.

We say yes to a diversity of routes into teacher training and a greater role in teacher training for good schools, but no to leaving the supply of teachers to the vagueness of an imperfect market, generating greater uncertainty and possibly leading outstanding higher education providers to close down courses. Will the Minister listen to the concerns, ensure that core allocation to good universities is sufficient, bearing in mind that they also supply support to School Direct partnerships, and give enough certainty to allow them to commit to future investment in teacher training? I am sure that, as an economist, he will understand the importance for future investment of having some certainty within the market. Will the Minister also make it easier, as my hon. Friends have asked, to transfer or vire allocations between different routes, so that good candidates are not turned away from teacher training unnecessarily?

Barry Sheerman Portrait Mr Sheerman
- Hansard - - - Excerpts

Will my hon. Friend bear in mind that when my former Committee investigated the training of teachers, we also considered the training of social workers? Social worker training is an interesting warning sign. When we destabilised the training of social workers, many of the finest centres, such as the London School of Economics, said, “This is too much bother,” and withdrew from training social workers. We are in danger of doing that to the teaching professions. Good institutions will leave the market, as will some of the leading research institutions that also train teachers.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

Once again, Ministers would do well to heed my hon. Friend’s words.

Should properly trained and qualified teachers be required at all? The Secretary of State says no, in academies and free schools. The Deputy Prime Minister says yes, as we learned this weekend, along with the Liberal Democrat Business Secretary and Environment Secretary. We all want to know what the Schools Minister says. I know that he has a first-class degree from Cambridge—

David Laws Portrait Mr Laws
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A double.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

A double first-class degree! I hope that he will not choose to engage in sophistry in his answer. Heaven forfend that he would.

I want to wipe the slate clean after the Minister’s remarks in the House last week. I am sorry to disappoint my hon. Friends, but I think that the current situation is beyond satire. I have thought about it, and I cannot quite do it. They can look at Nick Robinson’s blog on the BBC website tomorrow if they want to see an attempt at satirising the position in which the Schools Minister finds himself, but I will not check it.

Will the Minister give us a clear answer today? Does he agree with the Deputy Prime Minister, his party leader, that teachers in academies—which are now the majority of secondary schools—and free schools should have a teaching qualification or be on a path to acquire one? I will give way now. Does he want to take this opportunity to say that he agrees with his leader?

David Laws Portrait Mr Laws
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indicated dissent.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

There was a deafening silence in response to that invitation, as the record will show.

David Laws Portrait Mr Laws
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I have 15 minutes.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

I have six. It will only take a second to say yes.

I want to help the Schools Minister out of his painful position. I have here the coalition agreement. It is a much spoken-about but rarely read document. I have performed a careful textual exegesis of the document, which says many things about teaching and schools. I accept that the Minister’s party is pledged to support what the agreement says about teaching; it signed up to the agreement, after all. I know, having been involved a little bit many years ago in helping to set up a coalition with the Liberal Democrats in the National Assembly for Wales, that they will want to try to stick to what they have agreed in the agreement. However, unless the Minister intervenes on me to tell me that I am wrong, I cannot find any mention at all of a commitment to allow free schools and academies to employ teachers without a teaching qualification or a pathway to one.

The Minister is not twitching to intervene to tell me that I am wrong. I am sure that he will refer to the coalition agreement in his speech on whether the commitment is in there, but as far as I can see, it is not.

Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

My hon. Friend is, as always, very effective on the Front Bench. Does the coalition agreement not say that no education system can be better than the quality of its teachers? The evidence provided by members of the Select Committee shows that that is in peril at the moment.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

Indeed. The agreement says:

“We will support Teach First, create Teach Now to build on the Graduate Teacher Programme, and seek other ways to improve the quality of the teaching profession”

et al., but I cannot see the policy anywhere in there. I am sure that the Minister will tell me I am wrong, because I cannot believe that he would support the policy unless it was in the agreement, because it seems to go against all previous Lib Dem pronouncements and is something with which the Deputy Prime Minister does not agree.

The Minister and his colleagues could have joined us when we tabled an amendment against the policy. Clearly, from what the Deputy Prime Minister has said, when the Lib Dems supported the Tories on the policy in the vote, it was not because they believed in the policy; it must have been because they believed that it was in the coalition agreement, and therefore they had to support it. However, the policy is not in the agreement, so they do not have to support it.

Sharon Hodgson Portrait Mrs Hodgson
- Hansard - - - Excerpts

Will my hon. Friend give way?

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

In a moment.

If the Minister supports his leader, he should say so now to the House. This is his opportunity. Let us pass a motion in the House to show that the will of Parliament is against allowing unqualified teachers to teach in taxpayer-funded schools. Let us get it on, shall we? Let us get it done now. There is no need to wait until the next election. It is not in breach of the coalition agreement. It is a chance to show that the Deputy Prime Minister’s words were real, that they were meant, and that they were not just a political stunt, because that would be to betray parents, pupils and the electorate, and to take the electorate for fools.

I challenge the Minister: stand up, show some spine and give us a straight answer. Does he agree with his leader—yes or no?

Sharon Hodgson Portrait Mrs Hodgson
- Hansard - - - Excerpts

Before my hon. Friend sits down—

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

I have sat down.

15:43
David Laws Portrait The Minister for Schools (Mr David Laws)
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It is a pleasure to serve under your chairmanship, Mr Caton. May I say how delighted I am to have a debate today on teacher training and supply? I congratulate the hon. Member for Sefton Central (Bill Esterson) on securing this debate on an important and topical issue, and on putting his case and concerns in a measured and informed way. I also pay tribute to other hon. Members who have contributed and commented on the important issues.

I will focus my comments primarily on School Direct, which is what the hon. Member for Sefton Central talked about. However, I will not disappoint the shadow Minister, the hon. Member for Cardiff West (Kevin Brennan), and I promise him that, before the end of my comments, I will have answered directly his questions on qualified teacher status.

Before I begin the main part of my speech, I ask hon. Members to put in a little context the important changes that we have been talking about today, particularly those on School Direct. If I understood the hon. Gentleman rightly, the Labour party supports School Direct and would not end it—he was challenging the method of allocation, not the policy direction.

One would get the impression from some of the debate that there has been a vast lurch away from a university-led or university-involved system, but the reality is that higher education institutions deliver 86% of all teacher training places. In absolute terms, HEIs will deliver more places in 2013-14 than in 2012-13. Obviously, many School Direct places are in partnership with HEIs; they are not stand-alone organisations. One good thing about School Direct is that schools often have a more constructive dialogue with HEIs, rather than getting whatever they are given.

Nic Dakin Portrait Nic Dakin
- Hansard - - - Excerpts

Will the Minister give way?

David Laws Portrait Mr Laws
- Hansard - - - Excerpts

I am going to make a bit more progress before I give way to the hon. Gentleman, because I do not want to fall behind and miss the opportunity to respond to the shadow Minister.

Sharon Hodgson Portrait Mrs Hodgson
- Hansard - - - Excerpts

Before the Minister moves on to the main part of his speech, will he give way?

Sharon Hodgson Portrait Mrs Hodgson
- Hansard - - - Excerpts

I was saddened to hear that my hon. Friend the Member for Cardiff West (Kevin Brennan) was going to wipe the slate clean and not mention the comments made by the Minister last week. I am not as generous. Last week, the Minister said that Labour’s criticism of the lack of qualified teachers in the Al-Madinah free school was

“nothing other than total and utter opportunism”—[Official Report, 17 October 2013; Vol. 568, c. 889.].

and that our policy on this area was “complete and utter incoherence”. Does he stand by those comments?

David Laws Portrait Mr Laws
- Hansard - - - Excerpts

I certainly stand by the comments about Labour’s policy on free schools. However, I will respond to the points made by the hon. Member for Sefton Central on School Direct, and then—I assure the hon. Lady—I will return to the issue of QTS before we finish the debate.

As the hon. Member for Sefton Central knows, the 2010 White Paper, “The Importance of Teaching”, set out our ambition for a schools system that can compete with the best in the world. Improving teacher quality is at the heart of the plan, as he mentioned, in both attracting good applicants and ensuring a good supply of teachers in all subjects over time.

To improve teacher quality, it is vital that the teaching profession can attract and retain the best people. As the hon. Gentleman and some of his colleagues mentioned, top-performing education systems around the world, such as those in Finland and South Korea, draw their teachers from the most academically able candidates who demonstrate the right mix of personal and intellectual qualities. Candidates then go through high-quality training, often led by schools, focusing on the skills and knowledge that they need to become successful teachers.

By making teaching a highly attractive profession, we are seeing high-quality teachers enter and stay in teaching. More top graduates and career changers than ever before are coming into teaching. In spite of the economic upturn that we are now seeing, we expect to hit 96% of our recruitment target this year, after a period of recruiting above the target. There is currently no evidence of teacher vacancy rates rising.

Data published before the Select Committee hearing on 11 September provided an accurate picture of where we were with recruitment at that stage in the cycle. The picture is mixed across subjects, as the hon. Gentleman acknowledged. The data showed that we had exceeded our targets in some subjects: chemistry, where we achieved 110% of the target; English, 114%; and history, 137%. However, they also showed that we were likely to miss targets in subjects such as maths and physics. Final recruitment data will be published at the end of the year.

Importantly, we over-allocated—I will return to that point later—the allocations, particularly in this first year of School Direct, to ensure that we did not lose high-quality people across the board, particularly in physics, maths and computer sciences. The under-recruited areas referred to by a number of hon. Members were those where both higher education institutions themselves and School Direct did not fill up their full quotas; they both had shortages. It would be a far greater concern if HEIs had filled up their quotas but School Direct had come in under target, but they both came in below their allocated numbers.

Pat Glass Portrait Pat Glass
- Hansard - - - Excerpts

Does the Minister not recognise that even though HEIs have fallen short, there is a huge difference between School Direct and HEIs in the missed targets in maths and physics?

David Laws Portrait Mr Laws
- Hansard - - - Excerpts

I am happy to write to the hon. Lady with the exact figures, which I do not have to hand, but there were considerable undershoots on both, so we have not been suppressing demand for places in higher education institutions, particularly in those shortage subjects. As she will know, maths and physics are subjects that have traditionally been challenging to recruit for, although we recruited a record number of physics trainees last year. We would need 37% of all physics graduates to come into teacher training to meet our target for physics teachers alone.

We recognise that we need to do more to improve recruitment in shortage subjects, and to increase the number of people taking A-levels, which is likely to increase the pool of people who can be drawn into those subjects. That is why we announced last week that we will make more scholarships available and change bursaries to help recruit the most talented graduates in key subjects. Scholarships awarded by respected subject organisations will be made available to the top maths, physics, chemistry and computing trainees, which will build on the existing scholarships that have proved highly popular. Since the Government introduced scholarships in 2011, 425 high-quality graduates in maths, physics, chemistry and computing have been attracted to teaching through the scheme.

Barry Sheerman Portrait Mr Sheerman
- Hansard - - - Excerpts

Will the Minister give way on that point about science?

David Laws Portrait Mr Laws
- Hansard - - - Excerpts

I will briefly give way, and then I must press on.

Barry Sheerman Portrait Mr Sheerman
- Hansard - - - Excerpts

The Minister for Schools is yet again articulating the shortages in maths and physics. Does he subscribe to the view that universities ought to have a much greater specialism in training teachers so that there is a culture in which teaching is attractive to science and maths graduates generally?

David Laws Portrait Mr Laws
- Hansard - - - Excerpts

Yes, I strongly agree. We must also do more to get more people to take both A-levels and degrees in those subjects.

A further 680 teacher training scholarships will be available for trainees starting in the 2014-15 academic year, with scholarships increasing to £25,000 in September 2014. Bursaries will continue to be available in maths, physics, chemistry, computing and languages, as well as in a range of other subjects, and we will increase some bursary payments for maths, physics and computing to reflect the challenges faced in recruitment to initial teacher training this year. Hon. Members will be aware of the new bursary figures that we published last week.

Furthermore, A-level results published in August by the Joint Council for Qualifications show that there has been a big rise in the number and proportion of young people taking A-levels in maths and physics. More students—both the number of entries and the percentage of the cohort—now do maths, further maths and physics at A-level than ever before, which means that we expect to have a bigger pool of potential shortage subject candidates.

Shortfalls in recruitment are mitigated by the fact that newly qualified teachers make up only about half—23,500—of the 45,000 new teachers in English state schools in 2010-11; of the rest, a third of the total or 14,700 people had qualified in previous years, and a fifth of the total or 8,200 people were returners. Initial teacher training targets are set in the context of longer-term recruitment patterns and anticipated need over a number of years, so over-recruitment in previous years, including in maths and chemistry, is taken into account in the targets set for future years. Therefore, over-recruitment in previous years gives some protection against under-recruitment in one year. We have over-recruited in some areas over the past few years.

Alongside getting teachers into the key subject areas, we must still maintain our strong focus on teacher quality in all subjects. We know that we have the highest quality of trainee teachers ever. In 2012, more than 70% of graduates starting teacher training had a 2:1 or higher, which is the highest proportion ever recorded. We are increasing teacher quality through a number of reforms. We have provided schools with increased flexibility to decide how much they pay a teacher and how quickly pay progresses, which will enable schools to target school-level recruitment and retention problems. We are reforming initial teacher training so that schools play a greater role in the selection and training of teachers, through the expansion of School Direct and with more schools becoming accredited ITT providers. That will provide schools with greater choice and influence over the quality of both training and trainees.

The introduction of School Direct marks a sea change in how schools are involved in the recruitment and training of teachers. It effectively gives head teachers more influence over training and recruitment issues. Many of them welcome that, which is why schools are so keen to participate in the School Direct programme, albeit that they have proved themselves, in the first year, to be highly discriminating about the applicants whom they decide to take on. That is a good thing, although it is a challenge to ensure that we get the allocations right. The director of the leading Arthur Terry teaching school in Birmingham has said:

“It is very much the vision that all future appointments will be from our pool of training teachers and reduce the need to advertise nationally.”

Over time, many teachers and head teachers will want to take more responsibility for managing initial teacher training. The number of schools that are interested in taking part in School Direct shows that there is an appetite for that, and it is right to respond positively to this enthusiasm. Although it is still early days, School Direct is proving a highly popular means of recruiting great candidates into high-quality school-led training. For 2013-14, more than 9,000 places were requested by 850 schools, more than a third of which were from teaching schools, and by May, about 22,500 people had applied for the 9,400 places available. Recruitment shortfalls cannot be attributed to the introduction of School Direct. So far School Direct has recruited 67% of the places it was allocated, and—I made this point earlier—the subjects that have struggled to recruit through School Direct have also struggled to recruit to core places in HEIs, which is why we are introducing more scholarships and increasing bursaries.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

Will the Minister give way?

David Laws Portrait Mr Laws
- Hansard - - - Excerpts

I will take one last intervention, and I will then deliver on my promise.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I merely encourage the Minister to answer the question whether he thinks that unqualified teachers are a better answer to our teaching shortage than qualified teachers. Does he agree or disagree with the Deputy Prime Minister? Will he deal with that in his remaining four minutes?

David Laws Portrait Mr Laws
- Hansard - - - Excerpts

I will certainly answer that question if the hon. Gentleman gives me the time to do so.

Schools are quite rightly setting the bar high and are looking to recruit the best possible candidates. Where possible, we have over-allocated places to ensure that sufficient candidates of the necessary calibre can be recruited. There has been a healthy interest in School Direct for next year. Requests for places in 2014-15 from schools, school-centred initial teacher training providers and higher education institutions are being processed, and we shortly expect to make announcements on initial allocations. We look forward to building on the enthusiasm of schools that have requested places, and we continue to welcome new schools into the School Direct programme.

School Direct is not about removing the role of universities in initial teacher training. Many teachers will want to go through a traditional university route, and many schools are developing healthy partnerships with universities. We are moving to a system of greater choice and diversity, which is welcomed by most schools and potential teachers.

Along with School Direct, we are continuing other programmes that aim to ensure that teaching is attractive to the country’s most able people. We have committed to supporting the expansion of Teach First by giving more top graduates the opportunity to teach in challenging schools by providing 2,000 places by 2015-16. We have developed a Troops to Teachers programme, with the wider aim of attracting and recruiting high-quality service leavers into schools.

I want to turn to the issue of qualified teachers that has so excited the shadow Minister for Schools today. I recall that the late, great Robin Cook once said, “If you want to keep something secret, the best place to say it is the House of Commons.” I now say that the best place to keep secrets from the Labour party is on the floor of the Liberal Democrat conference. Today, we heard all this material from the shadow Minister, who has been beavering away: he has looked in the coalition agreement and searched through the press cuttings. It is all very impressive, but all he had to do was to listen to what went on at the Lib Dem conference in March, when we passed a motion, which I think I proposed, that was voted for by the Deputy Prime Minister and the Prime Minister—[Hon. Members: “The Prime Minister!”] The Deputy Prime Minister, certainly. The motion set out our position on qualified teacher training, making it clear that we want it for every school. [Interruption.] It is not a secret, so what has happened to the research capabilities of the Labour party? Why is this such great news? [Interruption.]

Martin Caton Portrait Martin Caton (in the Chair)
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Order. We need to hear the Minister.

Kevin Brennan Portrait Kevin Brennan
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On a point of order, Mr Caton. Is it in order for the Minister to engage in sophistry rather than answering the question?

Martin Caton Portrait Martin Caton (in the Chair)
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The Minister is not out of order.

David Laws Portrait Mr Laws
- Hansard - - - Excerpts

Thank you, Mr Caton. The shadow Minister for Schools is just grumpy because he missed the public news about the debate that took place at the Liberal Democrat conference. He has not been reading his press cuttings and keeping up with the news. I make him a genuine offer of free tickets to attend the Liberal Democrat conference each year so that he can follow our debates, see the motions we pass and keep up with the news to enable him to understand the differences—we see them across the board, and I thought that he would understand them—between the responsibilities exercised by any Minister in a coalition Government at the Dispatch Box and each individual party’s policies. I extend that free offer to the next conference.

Coventry City Football Club

Tuesday 22nd October 2013

(10 years, 6 months ago)

Westminster Hall
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16:00
Bob Ainsworth Portrait Mr Bob Ainsworth (Coventry North East) (Lab)
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I thank you, Mr Caton, for presiding over our debate, and I welcome the Minister to her role. I was greatly helped by her predecessor, the right hon. Member for Faversham and Mid Kent (Hugh Robertson), and I can only hope that she is as capable and willing as he was. I pay tribute to him for the job that he did as Minister with responsibility for sport.

Over the past 18 months, the most vicious and destructive battle has been waged at Coventry City football club. Sadly, it has not been about football; it is a fight for land and property. The Ricoh arena was built and paid for by local and national taxpayers and a highly thought of local charity, the Alan Edward Higgs Charity. It was built to create jobs and economic activity in a deprived part of the city, and because the football club was not financially capable of building it itself. The club’s hedge-fund owners and its boss, Joy Seppala, want the stadium, the freehold and the surrounding land, but they do not want to pay more than a pittance for it, and have moved the club out of the city and nearly destroyed it in order to achieve that.

Part of the club was put into administration seven months ago. The owners have repeatedly claimed, through solicitors and direct statements, that the company owed rent to the stadium but had no assets. Documentation has now come to light that shows that to be untrue. Since 1 June 1995, this company, now in liquidation, has owned the club’s rights, title, and assets, all its playing staff, its good will, and the right to play in the league. Why did the administrator, Mr Paul Appleton of David Rubin & Partners, fail to discover that? He claims that he spent thousands of hours conducting his investigation. He possesses the full powers of an officer of the court. He is supposed to have ability. He charges more than £300 an hour. Despite protests from bidders, creditors and me, as MP for the local area, he sold the company that was in his charge without finding out what he was selling, thereby ensuring that the owners were the successful bidders. I ask the Minister why those who put companies into administration are able to avoid scrutiny and loss, at the expense of creditors, by choosing their own administrator. Now the appalling error has come to light—let us call it an error—can we ensure that an independent liquidator is appointed to look at the situation in Coventry?

Let me ask about the role of the Football League in this sorry tale. It told me that it acted to prevent another Milton Keynes Dons by changing its rules. I asked representatives to put that in writing, and they e-mailed me saying that the Football League board would not allow the club to move away from Coventry without demonstrating a clear plan to return within a prescribed time frame. The Football League then allowed the club to move to Northampton. Did the club show the league a plan, as it said it would require it to do, before it agreed to the move?

The Minister’s predecessor asked the league that question for me. My hon. Friend the Member for Coventry South (Mr Cunningham) and I went to see him in July, and he agreed to write to the Football League on this and other issues. Has the current Minister received a reply to that question?

The Football League has admitted administrative errors in the registration of players, but it has refused to say for how long that error continued, or to give any details of the error. With the new evidence about the structure of the club coming to light, will it look again at that decision? Will it give us the detail of those errors that it admits it made? That would show a little good will to the Sky Blues fans who feel that the league has let them down badly on this issue. Will the league uphold the conditions that it said that it had placed on the club when it returned the golden share to it?

Finally, and most importantly, I want to talk about whether we can get the club back to Coventry. This lunchtime, there was a small demonstration outside Council house. Fans are understandably desperate to see the club back in Coventry. Joy Seppala admits, however, that she is not interested in football and is not a fan. She is interested in her investors and describes herself as the shepherd of other people’s money. She says that she is £60 million down. She claims she was not involved in the catastrophic decision to buy the club in 2007. If I were a Sisu or a Sconset investor, one of her sheep, I would ask questions about that, but she says that she wants a return for her investors.

It is repeatedly claimed that a new stadium will be built near Coventry. It is said that it would cost around £25 million—nothing like the Ricoh arena. As Joy Seppala cannot get the fans to go to Northampton, it is estimated that she and her organisation are losing at least £3 million a year for at least the next three years as a result of playing their home matches in Northampton. If we add the £25 million to the £9 million probable losses from the club’s current course of action, that is £34 million. If she wants, as she has said, the stadium, the surrounding land and the freehold of that land, why does she not make a bid? Why is she incapable of making a bid of around £34 million? If she made a bid of that magnitude, she would be getting a casino and a conference centre thrown in for nothing, but she has not made that bid, and she will not do so. The question is why.

Marcus Jones Portrait Mr Marcus Jones (Nuneaton) (Con)
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I thank the right hon. Gentleman for giving way and commend him for securing this debate. Many of my constituents and I are long-term supporters of the Sky Blues and are absolutely devastated at what has gone on. Does he not agree that, in regard to having a successful football club in Coventry, the club must own a greater stake in the Ricoh arena if it is to make the business viable, wash its face, and give us the sort of success that we are looking for, bearing in mind the council tax payers in Coventry and the money that they have put in? Does he agree that all parties need to get round the table, and that it is imperative that Sisu look to open negotiations with Coventry city council?

Martin Caton Portrait Martin Caton (in the Chair)
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Order. This is a short debate.

Bob Ainsworth Portrait Mr Ainsworth
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I broadly agree with the hon. Member for Nuneaton (Mr Jones); I have never disagreed with him. In the past, under previous leadership, perhaps members of Coventry city council have not agreed with that line. However, if the club needs to own its stadium, it needs to pay for it, does it not? Does it expect the stadium to be given to it for nothing? That is what I am asking, because I believe that what we are looking at is an attempted land grab. Figures such as £7 million are being floated by Sisu’s fans for a stadium that cost more than £100 million to provide. Property markets have gone the way that they have, and the economy is not in the same condition as it was, so people will make a loss, but to float derisory figures such as that is an indication that there is an attempt at making a killing at the taxpayer’s expense.

Geoffrey Robinson Portrait Mr Geoffrey Robinson (Coventry North West) (Lab)
- Hansard - - - Excerpts

I am glad to hear my right hon. Friend speaking with such passion on an area that we have not seen him taking an interest in at all for many, many years. Where he and I would utterly agree is that we want to get the club back to Coventry. That means that we have to create a new sense of good will between the various parties that, at the moment, are locked in the most antagonistic struggle that I have seen in many years, and that I have certainly never seen in Coventry before. It cannot be just one-sided—there are always two sides. I ask him this: does he really think it helps to get the atmosphere that we want, and to get the club back, when he launches these bitter personal attacks on Joy Seppala on one side, as opposed to seeing—

Martin Caton Portrait Martin Caton (in the Chair)
- Hansard - - - Excerpts

Order. That was another very long intervention; I think that we have got the picture.

Bob Ainsworth Portrait Mr Ainsworth
- Hansard - - - Excerpts

My hon. Friend the Member for Coventry North West (Mr Robinson), by saying that I have paid no attention to this area in the past, provokes me into letting people know that he was the steward of the club. His stewardship may have been part of the reason why I was silent in the past, but I am relieved of that responsibility now that he is no longer connected with the club, and I am free to speak on a matter that concerns a major business in my constituency.

I am not “bitter” about Joy Seppala. Most of the things that I have said, she has said herself on the record. I am bitter about the Football League, which has allowed this to happen. I think it is outrageous and unforgivable that it has done so, and its governance of our national game needs to be looked at because of what it has allowed these owners to get away with.

Lee Scott Portrait Mr Lee Scott (Ilford North) (Con)
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Will the right hon. Gentleman give way?

Bob Ainsworth Portrait Mr Ainsworth
- Hansard - - - Excerpts

I will not give way, because I have agreed to give my hon. Friend the Member for Coventry South some time to speak, and I need to try to finish up, if I can.

I was asking why, if this is not a land grab, the owners are not prepared to make a reasonable offer. If they did, nobody would be happier than me, the fans and those who were outside Council house today. However, I fear that that will not be the case—that the owners will not make that reasonable offer, and that we will not get our club back until Joy Seppala tires of her losses and sells up. I sincerely hope that I am wrong.

I ask the Minister, what is it that attracts this kind of owner to our national game? Is it time to look at the special insolvency regulations that football enjoys, and to legislate for good governance, as the Football League is proving in this case to be incapable of taking decisions in a consistent way? Or maybe even more radically, but even more productively, we should, in the end, look at the Bundesliga model of fan ownership, instead of the ownership model that applies in this country.

Martin Caton Portrait Martin Caton (in the Chair)
- Hansard - - - Excerpts

I will call you to speak now, Mr Cunningham, because I understand that both Mr Ainsworth and the Minister have agreed to your making a contribution. Obviously, we want to hear the Minister’s response to the debate, so if you could be as brief as possible, it would be very helpful.

16:14
Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
- Hansard - - - Excerpts

Thank you very much for calling me to speak, Mr Caton. I will try to be as brief as possible, because I understand that this is a short debate. I thank my right hon. Friend the Member for Coventry North East (Mr Ainsworth) for allowing me to speak in it, and more importantly I congratulate him on securing it.

There have been a number of debates on this issue—what has happened to Coventry City football club? I will not go back over those; I think that my right hon. Friend has made adequate representation and adequate queries over a number of debates. However, I would like to pick up on one or two points.

The first thing that people have got to understand, and the people of Coventry certainly understand it, is that the site of the stadium was derelict for more than 40 years because there was an old gasworks on it, and at the time the conventional wisdom was that there would be a long period before the site could be cleaned of fumes and that sort of stuff. So, it took a long time and if I remember correctly—I am sure my right hon. Friend will put me right if I do not—to clean that site up before it was even built on probably cost about £16 million. I may have got that figure wrong, but I cannot be too far wrong. So the site lay derelict for many, many years.

We had representations over the years from Coventry City football club, because originally there was talk of siting it where Coventry airport is now, at the Baginton site. That never got off the ground, but eventually the present location—the Ricoh arena—was looked at and decisions were made about the location of the arena, but more importantly it was part of a regeneration scheme for the whole area, if I remember correctly. So we have to put these things in context.

I accept that a lot of sharp practices have gone on; there is no doubt in my mind about that and I will not repeat them here again today. However, I have always taken the view that we can deal with those sharp practices separately. The most important thing is to get the club back to Coventry. That is my view, and I have always taken the view that the best way to do that is through conciliation. In fact, I have said on one or two occasions that the only way to deal with the situation is probably to get an independent arbiter.

I am not necessarily impressed by the present liquidator, if people want to call him that, and by the way he has handled things, but that is for another time. It is more important that we get some sort of consultation going. It can be led by an arbiter or anybody, but somebody who can try to resolve the situation.

The second point is that my right hon. Friend and I certainly met the Minister. The Minister certainly wrote to the Football League, but I do not know the outcome. I hope that this Minister will tell us today.

This situation goes a lot broader, because to deal with the situation at Coventry we have to look at the Football League and consider some sort of regulation or some legal framework. It has had a free hand for many years now. We have seen what has happened to other clubs up and down the country. That is not satisfactory. The fans have been taken for a ride by some of these football clubs and some of these football owners, and it is about time that the Government stepped in.

The problem is not just with Coventry. I am aware that almost every football club in the country has its own problems. I believe that what has happened in Coventry has been exceptionally inadequate, but there are a huge number of cases of poor football governance. It is clear that what has happened in Coventry is not an anomaly. The institutions of our domestic football governance are inadequate and out of date, and they need to be seriously reformed.

The Culture, Media and Sport Committee launched its report on domestic football governance in December 2010, publishing it in July 2011. It was very clear that the Football Association was in need of urgent reform; that the leagues, particularly the Premier League, have too great an influence over the decision-making processes of the FA; that the game has seen increasing commercialisation; and that there is a distinct lack of financial regulation, which has led to significant financial risks being taken by football clubs. Indeed, billionaires seem to treat football clubs as investment accounts or assets; they are not, and they should not be treated this way. The Select Committee urged the industry to take the opportunity to reform itself and said that if it did not, there should be legislation. Football authorities made proposals for reform but their proposals simply did not address the key problems.

What needs to be addressed is the fact that the structure of the FA leads to too much responsibility being delegated away from the main board and towards committees, which are dominated by the Premier League and Football League. We need proposals that are far-reaching; we need improved financial stability and reform of the licensing model. We need to ensure that membership of the main board, council and influential committees is fully representative, and balances different interests; and we need to improve the way supporter engagement operates at club level. When will the Government accept that the time has passed for the industry to make its own reforms?

Something must be done now. We have a situation where, in a way, we have practically a civil war in Coventry, between the fans and the owners. That cannot be allowed to continue. We need to get somebody independent to look at that, but more importantly to deal with the situation in Coventry and to prevent it from happening in the future we need to look at the Football League and do something about it.

16:19
Helen Grant Portrait The Parliamentary Under-Secretary of State for Culture, Media and Sport (Mrs Helen Grant)
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It is a great pleasure to serve under your chairmanship today, Mr Caton. I congratulate the right hon. Member for Coventry North East (Mr Ainsworth) on securing this important debate. The contributions that he and others made have been valuable, powerful and emotional.

There is no doubt at all that the preservation of football clubs up and down the country remains a matter of great importance. I assure all hon. Members present and the right hon. Gentleman that football governance and the collective determination to improve the way that our beautiful game is run continue to be extremely important to the Department for Culture, Media and Sport.

Lee Scott Portrait Mr Scott
- Hansard - - - Excerpts

Will the Minister ask the Football League, because it has been complicit in the problem, whether it can mediate in the dispute around getting Coventry City back to where it belongs, which is in the city of Coventry? I say that as a Leyton Orient fan, against which Coventry City will be playing in three hours’ time.

Helen Grant Portrait Mrs Grant
- Hansard - - - Excerpts

I will deal with my hon. Friend’s latter point first. At the end of my speech, I was going to wish luck to Coventry City against Leyton Orient, but that sentiment still holds and I am aware that the teams are playing tonight.

The Football League is involved. I know that the right hon. Member for Coventry North East has been in touch, that it wrote to him today and that it is keen to chat with him. I also know that the organisation had a fruitful and positive discussion with supporters on Friday 18 October. I hope that important dialogue continues.

It is sad that the famous name of Coventry City football club—the Sky Blues—can be added to the list of football clubs, including Leeds United, Portsmouth and Crystal Palace to name but a few, that have suffered serious financial difficulties. It is worrying that more than half the Football League’s 72 clubs have been insolvent at one time or another over the past 10 years. At the same time, however, match attendances and TV revenues are higher than ever. If football today is that popular with supporters, advertisers and broadcasters, we must ask why so many of our clubs are faced with the prospect of not owning their grounds, why they are carrying such high levels of debt and why there are so many sporadic changes in ownership. Coventry City, unfortunately, is the case in point.

When the Football League chairman, Greg Clarke, gave evidence to the Select Committee on Culture, Media and Sport, he stated that debt is

“the single biggest problem for football”.

He believes that if football clubs can ensure that any debt is genuinely sustainable, transparency of ownership, supporter buy-in and co-operative ownership will also fall more easily into place.

I have probably had only 10 to 12 working days in this new job, which is not an awful lot, but I have already had considerable dialogue with football authorities. I am looking forward to getting stuck in, to dealing with the issue and to helping and working with them to drive through much more quickly the much-needed reforms to the game.

Lord Watts Portrait Mr Dave Watts (St Helens North) (Lab)
- Hansard - - - Excerpts

Will the Minister give way?

Helen Grant Portrait Mrs Grant
- Hansard - - - Excerpts

I need to make several points and I am running out of time, so I will not.

The three key areas where we need real progress are the licensing system for clubs, the introduction of empowered—that word is important—and balanced boards and improved supporter engagement at club level. My Department continues to urge the football authorities to introduce full transparency around club ownership. The licensing system should set out stricter criteria both around owners being fit and proper and around the requirement to have clearly defined business plans for how they will safeguard clubs’ futures. Taken together, those would provide greater clarity for clubs’ supporters.

Having said all that, the football authorities deserve some credit for the rules introduced in recent years, including an early-warning system with Her Majesty’s Revenue and Customs around tax returns, transfer embargoes that help to curb club spending, a new means-and-abilities test and a strengthened owners and directors test. I also welcome the fact that the football authorities and all 92 professional clubs have now adopted the financial fair play principles, the implementation of which should lead to reduced spending by clubs and, I hope, fewer incidents of club insolvency. We hope the licensing model being developed will strengthen the relationship with fans, who should be better informed about a club’s activities, such as its financial standing and owners’ identities. Supporters should be consulted as part of a club’s decision-making process.

I am also pleased to hear that the Football Association is setting up a new separate implementation body, the football regulatory authority or FRA, to oversee the implementation of on and off-field regulatory policy. The new club licensing system and the financial rules that underpin it will be key to ensuring the long-term sustainability of clubs, but further detail is required from the football authorities on the content of the licence and the new FRA’s role in monitoring and enforcing FA rules and regulations.

I want to attempt to respond to several of the issues raised by the right hon. Member for Coventry North East. Regarding the activities of the administrator and the liquidator, I genuinely suggest that he discuss such matters with the Football League, hopefully in the not-too-distant future. If he is not satisfied with what he hears, he may have to take independent advice.

The right hon. Gentleman also asked, as he had done outside this Chamber, whether my predecessor, my right hon. Friend the Member for Faversham and Mid Kent (Hugh Robertson), received a response to a communication that he apparently sent to the Football League in July this year. I have spoken with officials and I understand that no letter was sent, but a conversation may have taken place. I will certainly look into whether that conversation happened and what the outcome was and get back to the right hon. Gentleman.

Regarding supporter ownership, owning football clubs is a challenging and risky business, but fan ownership has seen several successes abroad. It is for the football authorities to agree what works best for this country, but there is a place for all types of ownership. Supporters will always have the best interests of the club at heart and I am delighted that AFC Wimbledon, Brentford and Exeter City are now owned or part-owned by their fans.

Finally, the right hon. Gentleman mentioned the club returning to Coventry, a topic which is important to him and others. The Football League wants Coventry to return to its home city and will do what it can to assist in that process, but the matter is also one for the owners and administrators.

I genuinely hope that Coventry City’s issues are resolved very quickly. I want to see the club return to the city as soon as possible and be given the chance to regain its position in the league. Notwithstanding the points penalty imposed at the start of the season, the team is playing like a top-six side and doing well. Coventry City is a great club—no disrespect to Leyton Orient—that does not deserve to be in its current position and I wish it well.

The stark reality is that many clubs and companies will experience periods of financial difficulty, with some enduring the pain of administration. The focus for the football authorities, however, must be on doing all that is possible to avoid clubs ending up in this dreadful position. The Government’s hope and expectation is that, following the Culture, Media and Sport Committee’s inquiry, recommendations are pursued and the football authorities will be able to make such changes themselves.

My Department will continue its dialogue with the football authorities in the coming months to ensure that the necessary action is taken to deliver these important governance reforms, but if they do not, the Government have made it very clear that we will look to introduce legislation.

National Security (The Guardian)

Tuesday 22nd October 2013

(10 years, 6 months ago)

Westminster Hall
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16:30
Julian Smith Portrait Julian Smith (Skipton and Ripon) (Con)
- Hansard - - - Excerpts

In the wake of the stolen Snowden files on America’s National Security Agency, it is right and proper that Parliament—both the House in general, and Select Committees in particular—debate the balance between national security and freedom of the press, and limits to and oversight of the power of our intelligence services.

This debate, however, focuses on a narrower and darker issue: the responsibility of the editors of The Guardian for stepping beyond any reasonable definition of journalism into copying, trafficking and distributing files on British intelligence and GCHQ. That information not only endangers our national security but may identify personnel working in our intelligence services, risking their lives and those of their families.

In August 2013, the Brazilian citizen David Miranda was stopped at Heathrow airport under schedule 7 to the Terrorism Act 2000. Initially, The Guardian claimed that he was targeted merely because he is the partner of Glenn Greenwald, the Guardian reporter writing about the leaks. Mr Miranda had been held for hours, The Guardian said, and denied a lawyer, but within hours that story had unravelled. When challenged, the paper first added to its story that it had paid for Mr Miranda’s flights, but did not note in its story that that correction had been made. Later that night, after all the print deadlines had passed, The Guardian admitted that Mr Miranda had been offered a lawyer and had refused one, and that The Guardian had known that all along yet had allowed its false account to stand.

Following the Heathrow stop, a judge ruled that police were entitled to copy and analyse the documents and files carried by Mr Miranda that were in the national security interest. There is to be a court case later this month on the detention and whether the Act was used appropriately. That issue, of course, will be for the court to determine.

Oliver Robbins, deputy National Security Adviser in the Cabinet Office and security adviser to the Prime Minister, has described in a witness statement to the court case on Miranda the direct threat to the life of Government employees posed by the documents held and communicated by The Guardian, together with the grave threat to UK national security should they be released. In his statement, he lays out the careful, proportionate steps that Her Majesty’s Government have taken to engage with the newspaper and to agree protocols for future reporting, be it direct communication or the defence advisory notice system.

David Davis Portrait Mr David Davis (Haltemprice and Howden) (Con)
- Hansard - - - Excerpts

If my hon. Friend really is concerned about risks to British security, is he not concerned that UK Government secrets are accessible to hundreds of thousands of US Government employees? Perhaps that is why Mr Edward Snowden, a 29-year-old contract employee of three months’ standing, was able to access GCHQ files from Hawaii.

Julian Smith Portrait Julian Smith
- Hansard - - - Excerpts

I agree that the NSA placed itself in a very odd situation.

The next step was to secure the documents and data, as there was a real fear that terrorists would seek to access that information by targeting The Guardian, and the Government had no confidence in the paper being able to protect the information it held. Unfortunately, the Government were not the only people making that assessment. The WikiLeaks hacker Jacob Appelbaum, who has worked with Glenn Greenwald, has tweeted repeatedly about the non-existent security under which Guardian editors held those files. Last week, he pointed out that laser microphones are routinely used as listening devices through windows and that The Guardian’s so-called secure room has floor-to-ceiling windows ideal for such remote listening by any interested foreign power or terror cell.

On 3 October, Mr Appelbaum tweeted:

“I’ve seen the horrible operational security at the Guardian over the last three years—it makes the New York Times look solid.”

And he scoffed:

“They shipped Top Secret documents by FedEX.”

Hackers have heavily implied on social media that they can access The Guardian’s US files.

Dominic Raab Portrait Mr Dominic Raab (Esher and Walton) (Con)
- Hansard - - - Excerpts

I understand my hon. Friend’s points. He is thoughtful on such issues, so I carefully heed what he says. One issue I have never understood is that, for all the scaremongering about national security, if either Mr Miranda or The Guardian has impaired national security in any tangible way, why has nobody been charged?

Julian Smith Portrait Julian Smith
- Hansard - - - Excerpts

If my hon. Friend looks at the witness documents for the court case, he will see that charge may be likely, but I do not think it is appropriate to comment on that in this place.

The Guardian agreed to the Government’s request to destroy the data it held in its London office, but soon after it not only revealed the confidential discussions that took place with Her Majesty’s Government but advertised to the world that it had sent copies of the files, including information on GCHQ, to The New York Times in an article titled “Guardian partners with New York Times over Snowden GCHQ files.” In its various discussions with the Government during August, The Guardian did not reveal that it had made copies of the files and sent them overseas.

Today’s debate is not an argument to muzzle the press. As Oliver Robbins is at pains to point out in his witness statement, there has been significant sensitivity to the fact that The Guardian is a newspaper. Like the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Grantham and Stamford (Nick Boles), I am deeply uncomfortable that a left-of-centre axis is driving us toward press regulation. Newspapers should be free to report, and they should be punished under existing laws if they commit crimes.

The Guardian was right, having received the NSA files, to report on them in some way. If journalism—receiving and reporting on leaks—were all that The Guardian had done, Parliament and MI5 would not now be involved. Indeed, when the full tale of the damage done to British security is revealed, our Government might be criticised not for how much it interfered with a newspaper but for how much it trusted one.

Paul Farrelly Portrait Paul Farrelly (Newcastle-under-Lyme) (Lab)
- Hansard - - - Excerpts

Does the hon. Gentleman agree that, circuitously, he is attacking not The Guardian’s journalism but the paper itself? By mentioning press regulation in the same breath, he is potentially in danger of being misinterpreted as joining the war of the Daily Mail and others against The Guardian, all because of its pursuit of phone hacking.

Julian Smith Portrait Julian Smith
- Hansard - - - Excerpts

I hope that by the end of my speech I will not be misinterpreted at all.

This debate is also not an argument against whistleblowing. Mr Snowden revealed NSA spying that may have been outwith the reach of Congress. It might be argued that that was whistleblowing, but as we know, he did not selectively take files on the matter; rather, he stole tens of thousands of files on legitimate and necessary spying, including by allies such as Britain.

David Winnick Portrait Mr David Winnick (Walsall North) (Lab)
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Julian Smith Portrait Julian Smith
- Hansard - - - Excerpts

I will not for the moment.

The Guardian has done no whistleblowing on GCHQ, and it has exposed no illegality. Story after story in the paper has been forced to concede that The Guardian has found no evidence whatever that our intelligence forces have broken the law.

Nor is this debate an attack on the politics of The Guardian. I enjoy the paper. I am a regular reader of certain sections, and I would be making exactly the same argument today if the paper in question was The Daily Telegraph or The Times.

David Winnick Portrait Mr Winnick
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Will the hon. Gentleman give way?

Julian Smith Portrait Julian Smith
- Hansard - - - Excerpts

Finally, this debate is not an attack on the campaign to reconsider the extent of intelligence gathering and the concerns raised by the NSA, WikiLeaks and other intelligence revelations. The role of Parliament’s Intelligence and Security Committee has only recently been strengthened.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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As a member of the Intelligence and Security Committee, I leave the Chamber in no doubt whatever that if I had done what The Guardian has done in relation to the classified material that we see, I have no hesitation in saying that I would expect to be charged. My hon. Friend mentioned the D notice system. Does he know whether The Guardian used or was approached under the terms of the D notices?

Julian Smith Portrait Julian Smith
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I will address that point shortly.

I believe we have some of the best oversight in the world of our intelligence services—judicial, ministerial and parliamentary—but we are right to keep testing, keep questioning and keep challenging.

My intention today is to highlight where The Guardian has crossed the line between responsible journalism and seriously risking our national security and the lives of those who seek to protect us. If action is not taken, there will be direct results for our national security, now and in the future.

I pay tribute to our ex-colleague, Louise Mensch, who through her blog, social media and columns has ensured that this major national security issue has been kept alive throughout.

Paul Flynn Portrait Paul Flynn (Newport West) (Lab)
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Will the hon. Gentleman give way?

Julian Smith Portrait Julian Smith
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I will not, sorry. No one has applied to make an intervention, which is usual in this sort of debate.

Martin Caton Portrait Martin Caton (in the Chair)
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Order. If someone wished to make a speech in a half-hour debate, they would have to seek your permission and that of the Minister, but whether you allow an intervention is completely up to you.

Julian Smith Portrait Julian Smith
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I am not taking any more interventions.

We are in unique times since 9/11, and the intelligence game has changed. Thousands of people—

David Winnick Portrait Mr Winnick
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On a point of order, Mr Caton. An orchestrated campaign is being launched against The Guardian, to undermine that newspaper and to give the totally false impression that it is giving ammunition to terrorists. I also ask that the hon. Gentleman gives way in the usual manner—

Martin Caton Portrait Martin Caton (in the Chair)
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Order. As the hon. Gentleman knows, that was not a point of order—but a point was made.

Julian Smith Portrait Julian Smith
- Hansard - - - Excerpts

Thousands of people working for British intelligence, GCHQ and other Government bodies have worked tirelessly over the years to repress attacks, in particular after 7/7 in London. With technology changing apace, they have kept track of and repelled many potential terrorist attacks. Think of where we were after 9/11 and where we are now: still vulnerable, but with much stronger awareness of the threats and much damage done to those who seek to hurt us. I want to pay tribute to all in our intelligence community, who work so hard and who have done so under pressure and bearing a great burden of responsibility. The fact that those women and men are unable to speak out is one of the reasons that I have initiated this debate.

It seems highly likely that The Guardian has risked our nation’s security several times over: first, in the detail that it has gone into in many of its reports, revealing the minutiae of programmes, showing PowerPoint images and laying out to those who seek to harm us in great detail the techniques that we use to counter them. Reports in The Guardian earlier this summer went way beyond responsible journalism, giving away key details of UK intelligence strategy and operations. Take a look at the detail in those reports in June—parading as public interest, it was in fact commercial interest.

Moreover, The Guardian often seemed to publish not only for commercial gain, but out of fear. Jacob Appelbaum, angered that The Guardian’s story on the Tor network was being held up, threatened to publish compromising e-mails between him and Guardian reporter James Ball. Days later, The Guardian published details of the GCHQ attempt to decrypt parts of the Tor network, which is used to trade child abuse images, hardcore drugs and arms—

“an intelligence technique which should have remained secret”,

according to David Omand, ex-head of GCHQ.

In an online question-and-answer section, The Guardian claimed that it checked with US authorities before each of its reports was published. That did not happen in the UK before the Government’s intervention.

Secondly, and more chillingly, The Guardian has taken detailed security files and information and sent them all over the world. US editor Janine Gibson boasted that by far “the hardest challenge” has been the “Secure…movement of materials” and that

“we’ve had to do a great deal of flying people around the world”.

Where now is the earlier pretence to other British papers that David Miranda was merely a journalist’s husband?

In spite of the actions taken by Her Majesty’s Government in August to destroy the files held in The Guardian’s London office, those files are out there, highly vulnerable to terrorist infiltration. Not only that, those detailed files on GCHQ operations are now being handed to an infinite number of extra eyes via American journalists and even bloggers. Each person multiplies the risk to this country. It is unclear whether the information contained names, but it seems a strong possibility. From the reports on GCHQ, we know that The Guardian had detailed information about staff there, including the clubs and organisations that they were part of, and even reported on the sexuality of GCHQ gay and lesbian staff and on internal network chats.

Over the summer, The Independent also saw the Snowden files and wrote a highly damaging report on a middle eastern UK base. Similar to The Guardian, The Independent did not adequately balance journalism and the national interest. Unlike their Guardian colleagues, however, the Independent journalists soon stopped, stating:

“In August, we too were given information from the Snowden files. It pertained to the operation of the security services, was highly detailed, and had the capacity to compromise Britain’s security.”

Glenn Greenwald explained on Twitter on 10 September: “As for” The New York Times,

“I had no role at all in that—those were 1 set of docs only about UK that G”—

The Guardian

“had. They made that choice without me.”

I must underline that point. The Guardian focused on sending abroad revelations not about the American National Security Agency, or whistleblowing; it chose to distribute information on our own intelligence agents at GCHQ, on programmes and people that it had admitted over and over again were legal—programmes that protect Guardian employees and their families.

To the Daily Mail last week, The Guardian denied only that it had revealed the names of spies, not of any GCHQ personnel. To communicate—not only to publish—any identifying information about GCHQ personnel is a terrorist offence under the Terrorism Act 2000. Mr Rusbridger has boasted that he is above the law, and said of co-operation with the Government:

“But once there was an explicit threat to go to law something changed”,

adding that he would not allow reporting to be limited “by judges”.

Finally, as if all that was not enough, The Guardian continues to threaten national security months after the Government intervened. It boasted online about how it has taken protections to avoid penetration by intelligence services and, as far as I know, has been far from helpful in assisting the intelligence services in their quest to work out what the damage potential is. That is not press freedom; that is The Guardian’s devastating impact on national security. The Guardian wrote its initial stories without any consultation with Government; The Guardian trafficked files on GCHQ around the world; and The Guardian has dragged its feet as the Government, police and intelligence services seek to limit the damage.

The 2000 Act is clear about the illegality of communicating information about our intelligence staff and, specifically, GCHQ. The Official Secrets Act is equally clear about the illegality of communicating classified information that the recipient knows, or has reasonable cause to believe, to be to the detriment of national security. Last week, I wrote to the Metropolitan Police Commissioner to ask him to investigate whether The Guardian has breached those two Acts. I urge the Minister to do everything possible to ensure that the police expedite their investigation. In particular, I ask him to ensure that The Guardian has been asked for a decrypted copy of all files to which it has access, so that we may protect our agents and operations.

For the sake of Britain’s national security and for those who protect it, we must pursue the issue that we have discussed today. If we do not, we risk grave consequences, major risks for those who seek to protect us and the setting of a terrible precedent—that hiding behind the cloak of journalism gives carte blanche to risk the state’s most important secrets, free of consequence and outside the law. In an age of the internet, blogging and self-publishing, that is a serious precedent to set.

16:48
James Brokenshire Portrait The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
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I congratulate my hon. Friend the Member for Skipton and Ripon (Julian Smith) on securing the debate. I am grateful for the opportunity to contribute to the discussion and to respond to a number of the points made, albeit I shall struggle to take interventions, given the time available. I also want to respond to allegations that the Government’s response to Edward Snowden’s leaking of stolen classified material represents an attempt to stifle the press, that GCHQ misled Ministers to strengthen the case for the draft Communications Data Bill, and that oversight of the intelligence agencies needs to improve. Those allegations are, respectively, misleading, wrong and unfounded.

I will start by highlighting the huge damage to national security caused by reporting attributed to the highly classified material stolen by Edward Snowden. My hon. Friend will understand why I will not comment on specific allegations in the press, or provide a full assessment of the damage; that would exacerbate the harm already inflicted. There is no doubt that Snowden’s actions and the publication of material stolen by him have damaged UK national security. As the Prime Minister noted last week, in many ways, The Guardian admitted that when it agreed to destroy files when asked to by the Cabinet Secretary, Jeremy Heywood.

The Prime Minister endorsed the excellent speech given by the new head of MI5, Andrew Parker, on 8 October, in which he explained the risk associated with revealing intelligence capabilities. It is worth repeating what he said:

“What we know about the terrorists, and the detail of the capabilities we use against them together represent our margin of advantage. That margin gives us the prospect of being able to detect their plots and stop them. But that margin is under attack.”

Publishing details of intelligence capabilities not only damages the Government’s ability to protect national security, but

“hands the advantage to the terrorists. It is the gift they need to evade us and strike at will...that is why we must keep secrets secret, and why not doing so causes such harm.”

Media reporting is compromising essential work done by the intelligence services and the police.

David Winnick Portrait Mr Winnick
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On a point of order, Mr Caton. I seek your guidance. I know that in half-hour debates there is often not a lot of interest other than from the hon. Member whose debate it is and the Minister. However, on such a controversial issue, whatever the rights and wrongs of the speech we have just heard from the hon. Member for Skipton and Ripon (Julian Smith), would it not be appropriate for the Minister to give way from time to time?

Martin Caton Portrait Martin Caton (in the Chair)
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Order. That is not a subject for me to rule on. As a very experienced Member, Mr Winnick, you know that it is entirely in the gift of the person speaking to give way. The Minister has said that he has limited time and wants to make progress.

James Brokenshire Portrait James Brokenshire
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In his witness statement to the High Court during the judicial review of the police’s decision—

Paul Flynn Portrait Paul Flynn
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On a point of order, Mr Caton. You are the guardian of the reputation of this debate, and so far it has demeaned Parliament’s reputation, because we have had two speeches that were written and read with no attempt to engage us in debate. This is McCarthyite scaremongering that disgraces Parliament.

Martin Caton Portrait Martin Caton (in the Chair)
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Order. My response is exactly the same as the one I gave to Mr Winnick.

James Brokenshire Portrait James Brokenshire
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In his witness statement to the High Court during the judicial review of the police’s decision to stop David Miranda at Heathrow airport in August, deputy National Security Adviser Oliver Robbins also spoke of the damage caused by the disclosures. He noted that the material seized from Mr Miranda is highly likely to describe techniques that have been crucial in life-saving counter-terrorist operations and other intelligence activities vital to UK national security. If those techniques were compromised, it would do serious damage to national security and ultimately risk lives. Those releasing this material would do well to understand that the types of capability they are writing about are those we have relied on in recent years to stop terrorist plots, disrupt organised crime and put cyber-criminals, including those exploiting children or illegally proliferating arms, behind bars. Once an adversary knows if and how we can read their communications, they will change their behaviour. When it was revealed that the US could read Osama Bin Laden’s communications in the late 1990s, we did not hear from him again until September 2001.

I cannot go into more detail of the damage done and the future damage, but we expect to lose coverage of some very dangerous individuals and groups. The threat remains very real, and only through the tireless efforts of the police and intelligence agencies do we keep at bay those who wish us harm. If we are to protect the British public, we need to be a step ahead of the terrorists and the criminals. Secret intelligence gives us that edge and, regardless of whether Snowden is thought to be a whistleblower or a traitor, revealing our capabilities destroys it.

David Davis Portrait Mr Davis
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If there has been a serious assault on Britain’s security and integrity, that would be a criminal offence, so why has no one been charged?

James Brokenshire Portrait James Brokenshire
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I am grateful for my right hon. Friend’s intervention. It is right to say that it is obviously not for Ministers to direct the police to arrest or investigate anyone. He will understand that that would be inappropriate. It is for the police and the Crown Prosecution Service to determine whether a crime has been committed and what action to take. Given the ongoing police investigation after Mr Miranda was stopped at Heathrow, it would be inappropriate to comment further. Ultimately, it is for the police and the Crown Prosecution Service to assess the evidence.

I want to comment briefly on the Government’s approach to The Guardian, which claimed to hold highly classified Government material and made clear its intention of reporting it. Of course, we were concerned about such material being held insecurely without any of the controls that would usually protect it. We were also concerned about the consequences of more of this material becoming public, and the grave risks that that would pose to operations, individuals and capabilities. That is why we asked the newspaper to return or destroy its files.

I appreciate and respect the fact that journalists may spend significant time weighing up whether an issue is damaging to national security, and genuinely believe that they are doing the right thing. However, I respectfully suggest that they are simply not in a position to make national security assessments. The Government strongly support a free press. We have never denied the possibility of a debate on privacy and security or the work of the intelligence agencies, but we cannot condone the way in which others sought to bring this debate about and the damage it caused. Any leak of security material is serious. It can put the lives of our agents at risk and give valuable information to terrorists and others who wish us harm. As we have heard, there have been calls to prosecute, but that is not a matter for me; it is a matter for the police and the Crown Prosecution Service to assess.

Paul Farrelly Portrait Paul Farrelly
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Will the Minister give way?

James Brokenshire Portrait James Brokenshire
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I need to move on, as I have only three minutes left. I want to respond to suggestions that there is no need to improve the police and intelligence agencies’ ability to acquire communications data. That is wrong. There is a pressing need to ensure that the capabilities of our law enforcement and intelligence agencies keep pace with ever-changing technology if they are to maintain their ability to tackle terrorism and serious crime.

We remain absolutely committed to ensuring that law enforcement and intelligence agencies have the powers they need to protect the public and to ensure national security. Nothing that has been alleged about GCHQ’s capabilities changes that. Communications technologies continue to change, and we need to move with the times.

Two parliamentary Committees have considered the matter and said there is a need for legislation. It was recently alleged that the Government wilfully withheld information from those Committees. I reject that. I hope that hon. Members saw the letter from my right hon. and learned Friend the Member for Kensington (Sir Malcolm Rifkind) in The Guardian last week, in which he explained that the Intelligence and Security Committee took full, detailed evidence from the intelligence agencies during its inquiry on the draft Communications Data Bill, as well as its recent inquiry on GCHQ’s activities. The Committee’s report on the draft Bill concluded that a need remains for legislation in this area.

I hope that hon. Members agree that there are essential advantages to be gained from intelligence-gathering and staying one step ahead. Some have suggested that the UK’s intelligence agencies are somehow listening in to all our phone calls and storing details of all our private conversations. That is simply not true. They have neither the interest nor the capability.

As the European Court of Human Rights has confirmed, the legal framework governing intelligence agencies’ work is fully compatible with the European convention on human rights. My right hon. Friend the Foreign Secretary rightly stated earlier this year that the UK’s system of political, parliamentary, independent and judicial oversight of the intelligence agencies represents one of the most robust and comprehensive systems of oversight anywhere in the world. The system works well, and we should be proud of it.

Hon. Members will recall the Justice and Security Act 2013, which we were debating only nine months ago. The Act extended the remit of the ISC, strengthened its ability to provide robust oversight of the agencies, including of operational matters, made even clearer the ISC’s independence from Government, and almost doubled its resources.

Paul Farrelly Portrait Paul Farrelly
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On a point of order, Mr Caton. I seek guidance from you, as the Chair of such an important debate, on how parliamentarians may put on the record words spoken by none other than President Obama today about the disclosures. A White House statement said that some of them

“raise legitimate questions for our friends and allies about how these capabilities are employed”.

Martin Caton Portrait Martin Caton (in the Chair)
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Order. The hon. Gentleman knows as well as I do the various ways of putting things on the record in this House.

David Winnick Portrait Mr Winnick
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Further to that point of order, Mr Caton. How can we make the point that much of what appeared in The Guardian, which has been the subject of this debate, has led, certainly in the United States, to a wide-ranging inquiry into intelligence-gathering? What The Guardian published was certainly in the national interest.

Martin Caton Portrait Martin Caton (in the Chair)
- Hansard - - - Excerpts

That is not a point of order, and time is up.

17:00
Sitting adjourned without Question put (Standing Order No. 10(13)).