Nationality and Borders Bill

Apsana Begum Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Mr Davis]

I hear lots of cheering. That was the argument with respect to the Australian system, but the real deterrent effect of the Australian system was the pushback. The fact is that nobody got to Australia. That was the main effect.

In the past, we have had an argument within our own party about the hostile environment. Remember the hostile environment policy that we lived with for a long time? It did not work. We tried it and it brought our reputation down, so thank you for that. My hon. Friend is right to talk about the pull effect and the deterrent effect. They are all important, but we have to do this in such a way that we can stand by and be proud of it at the end of the policy. That is why I am saying to the House now: this is what it will look like, come the day, and it is not something that I will be proud of. For that reason, I urge the House to support my amendments.

[Apsana Begum (Poplar and Limehouse) (Lab)]

I am in favour of a number of amendments, but for the purposes of time I will largely keep my comments to new clauses 12 and 13 in my own name and new clause 14 tabled by my hon. Friend the Member for Streatham (Bell Ribeiro-Addy). New clause 12 would provide recourse to public funds to everyone holding a valid UK residence permit. New clause 13 would repeal the sections in the 2014 and 2016 Immigration Acts that restrict undocumented migrants’ access to work and services. New clause 14 seeks to abolish the immigration health surcharge. I am pleased these new clauses have received lots of support from Members across the House.

It will perhaps be obvious to colleagues that these new clauses are about addressing the unjust suffering caused by the Government’s hostile environment, a term used to describe all the policies that make life difficult for migrants living in the UK by explicitly and deliberately treating them as less deserving of dignity and humanity than British citizens.

My new clause 13, in particular, seeks to overturn the denial of basic human rights. Members will know from their constituency casework that the consequences are brutal and wide-reaching. The hostile environment deters people from reporting crime to the police or from calling out unsafe conditions and exploitative practices at work. It undermines trade union rights and pushes people into poor-quality and dangerous accommodation and homelessness. As new clause 14 highlights, the hostile environment even denies access to healthcare by scaring people from going to the doctor for fear of being charged or being reported, detained and deported.

No recourse to public funds, which new clause 12 addresses, abandons some migrants to having no safety net. It leaves children hungry, it pushes families into poverty and unsafe, overcrowded housing, and it means women, in particular, who flee abusive partners are not entitled to access mainstream refuges. It is breathtakingly cruel and unjust.

The disproportionate suffering that has been inflicted on migrants during the pandemic is well known, if apparently forgotten by this Government. Not only does the hostile environment produce a culture of fear that often risks the NHS being unable to do its job, but it puts all our communities in danger. Although such policies try to incentivise us to be suspicious of one another, they are not in the interest of the majority of people. It should be no surprise that the Bill is another horrifying extension of such an approach. It undermines human decency and must be opposed in every way.

The fact this is all in the context of the ongoing tragedy of people drowning in the English channel is chilling. That such people now potentially face jail sentences if they survive such precarious journeys, as well as an even more hostile environment, is catastrophically wrong.

I emphasise the humanity that runs through the amendments I am supporting today. We have to stop the political immigration game of misinformation and cynicism that has such horrendous human cost. There is no doubt that one of the reasons we are seeing scenes of desperate people trying to cross the channel is the lazy but deadly anti-migrant political agenda that closes off safe routes to the UK.

One of the biggest myths perpetuated by politicians is that they are too afraid to talk about migration when, in fact, the opposite is true. The more politicians talk about being tough on migration, the more they just talk about being tough on migration. For decades the rate of lawmaking in this area has exceeded the rate of lawmaking in every other social policy area.

When people repeat half-truths and inaccuracies and attempt to utilise society’s fears, prejudices and anxieties for opportunistic so-called political gain, a climate of acceptance is created for such ideas at all levels of society. The mainstream media must also reflect on the role of their focus on numbers and their use of words such as “flood,” “influx” and “waves.” I am sorry that the hon. Member for Stone (Sir William Cash) used the word “tsunami,” which is a disgrace.

Yet it is simply untrue that Britain takes in more refugees than everywhere else, and research shows that two thirds of asylum seekers crossing the channel in boats, for example, are finally granted asylum by the Government’s own measurements. Yes, we need solutions to the soaring inequality, the suffering and the frightening covid death toll over which this Government have presided, but we do not need suspicion and scapegoats. Wherever we are from, we all need a roof over our head, food to eat, healthcare and basic human kindness and solidarity. Surely the true measure of a civilised society is not in its hostility but in its humanity.

I commended these new clauses to the House.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I draw the House’s attention to my entry in the Register of Members’ Financial Interests in respect of the support I get from the Refugee, Asylum and Migration Policy project. It includes a cross-party group of MPs who, to follow on from the comments made by the hon. Member for Poplar and Limehouse (Apsana Begum), absolutely seek to take the toxicity out of this debate, to find consensus, to be careful in the language we use, and to find agreement and, indeed, pragmatic solutions. When it comes to crossing the channel in small boats, we certainly need pragmatic solutions.

Domestic Abuse Bill

Apsana Begum Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Sara Britcliffe (Hyndburn) (Con)]

This is a very important Bill. In April last year, I made my maiden speech during the Bill’s Second Reading debate and talked about my passion for supporting those who need it the most. Many Members from different parties have explained how far the Bill has come over the years, and it is important that changes have been made. I am proud to support the Bill as it will protect and give new rights to victims.

The Minister said in Committee that more than 2.4 million people are not safe in their own home and are subjected to scarring abuse. That is a huge figure and I am glad that the Government have responded to the voices of victims with this Bill, which is set to transform millions of lives. I thank everybody who has shared their personal experiences and contributed to the Bill.

Before I go any further, I wish to acknowledge the work of my local victim support services in Hyndburn police and the Hyndburn and Ribble Valley domestic violence team. These organisations have given a lifeline to domestic abuse victims in my constituency, as statistics continue to show the prevalence of domestic violence in households across the country. I speak regularly to Debbie who runs the Emily Davison Centre in my constituency. She has told me some harrowing stories and how covid has exasperated domestic abuse in homes. The centre has had to completely adapt the services that it provides and it is now much more about wraparound care.

I agree with the sentiments behinds all the Lords amendments, and I am pleased to see that the Government have accepted amendments such as Lords amendment 36 and Lords amendment 35, on what we know as revenge porn and the sharing of private images. Just the thought of being in that position, especially in professional positions—we will have seen and heard about that. It is hard to think that somebody could share an image and then everything that a person has worked for is gone, due to that one action by somebody who, in a lot of cases, that person will have previously loved, thinking it would never happen to them.

I welcome the Minister’s comments about the strategy review and the need for reform, and I welcome the support scheme for migrant victims, although, like my right hon. Friend the Member for Basingstoke (Mrs Miller), I would like the Minister to address specifically what it will look like. That is important for us all.

The Bill goes beyond previous definitions of domestic abuse and highlights the harrowing impact of emotional and coercive abuse. The definition is in place for victims who felt that their concerns were not legitimate when they were criticised by their partner and who were made to believe that the problem was always their fault. The Bill reinforces the rights of victims and shows perpetrators that they cannot get away with physical or emotional abuse anymore. As I have said previously, we are now joining together to say that it is absolutely not okay.

I got into politics to help those who have no voice and this landmark Bill does just that. I am proud of the difference that the Government are making, with this Bill, to the lives of people across the UK, and I am proud of the cross-party support that we have seen as we have moved through all its stages. I have not been around for all the Bill’s stages, but I have seen that that support has done tremendous work in making the Bill what it is today.

[Apsana Begum (Poplar and Limehouse) (Lab) [V]]

I speak in support of the amendments passed by the Lords that seek to protect those suffering from all forms of domestic abuse, regardless of factors such as their age and immigration status. The no-recourse-to-public-funds condition means that migrant victims face an increased risk of abuse, with limited support services to which to turn. That is why I support the Lords amendments that would ensure that support is provided to people regardless of their immigration status.

Today, the Minister announced £1.5 million of funds for an immediate-support programme targeted at migrant women. She mentioned data collection for the programme in order to potentially inform a more sustainable future programme. Many migrant victims will be asking whether they should come forward to receive help from this Government-funded programme; what kind of data on the support they receive will be collected; and whether the risk of immigration enforcement and deportation is the same, if not higher.

Furthermore, questions remain as to what assurances there will be that the pilot will believe migrant women’s experiences of abuse and that they will not be seen through a lens of suspicion. Many are perceived as exaggerating their experiences of abuse and even accused of lying to be granted indefinite leave to remain. All this is against the backdrop of an increasingly inaccessible and restrictive immigration system.

If we can recognise that abusers threaten to inform authorities and exploit fears of deportation, why cannot we recognise the fear that victims have in coming forward to seek help? Perpetrators use such systems to perpetuate their control. The HMICFRS, the College of Policing and the Independent Office for Police Conduct said only last year that police forces should restrict the sharing of information about vulnerable victims of crime, such as in cases of domestic abuse, with immigration enforcement, because the current system has been causing significant harm to the public. The Government need to address that now, because addressing this means recognising migrant victims for the victims that they are where they are.

It is positive that there is now a recognition that the harm caused by domestic abuse is far-reaching and that, in order for us to fight it, there must be a co-ordinated response across a variety of Government Departments. I do welcome the Government accepting amendments on areas such as the prohibition of charging for GP letters, but these concessions must be seen in the context of the Government continuing to strip away provision after provision, benefit after benefit, community space after community space, so support for those in need continues to weaken.

As chair of the all-party group on domestic violence and abuse, I pay tribute to the tireless work of those who have gone before me, my predecessor in the chair, my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), and the many campaigners who have fought with such bravery and determination to stand up against domestic abuse and injustice, empowering people who, for too long, have had no voice, with support and rights—people like myself. As a survivor of domestic abuse, I cannot over-emphasise how, quite literally, life changing and life saving this support and solidarity can be. That is why it has truly been a privilege to be able to stand in this House and participate in the process of making the protections in this groundbreaking piece of legislation a reality. We can never stop our work in this area until no one has to go through what I have and what so many of us continue to be subjected to. This is why the amendments passed by this House, and by the House of Lords in particular, are so vital. Accordingly, I really urge the House to do the right thing today.

[Richard Graham (Gloucester) (Con)]

It is a great honour to speak in this debate and to follow two moving and passionate speeches from my hon. Friend the Member for Hyndburn (Sara Britcliffe) and the hon. Member for Poplar and Limehouse (Apsana Begum). But can I first pay tribute to three former colleagues who have so recently died? Earlier this week we paid our tributes to His Royal Highness the Duke of Edinburgh, but, today, I want to pay tribute to Dame Cheryl Gillan, the right hon. Member for Chesham and Amersham, and the former hon. Members for East Surrey, Peter Ainsworth, and for West Gloucestershire, Paul Marland. All three were, in their own ways, colleagues of the greatest fun and compassion in doing serious work.

Dame Cheryl in particular I want to thank for the advice she gave me when I joined our party board. Peter Ainsworth, who I have known since university, was a man of wide talents who played an important role after leaving this place in the Big Lottery and the Churches Conservation Trust. He was the only member of the shadow Cabinet to vote against the Iraq war. Paul Marland, who was the first Conservative MP for West Gloucestershire and represented that constituency, which neighbours my constituency of Gloucester, for 18 years should give everybody who aspires to be in politics the belief that, if you can keep trying, you will succeed, for he succeeded at the fourth attempt.

Turning now to this incredibly important Bill, the Domestic Abuse Bill, I cannot help but note today the number of speakers who have recognised, first, the importance of the Bill and, secondly, that the Bill has got better, as the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) spelled out clearly. It is worth recognising how long work on this Bill has gone on for. My right hon. Friend the Member for Basingstoke (Mrs Miller) briefly suggested that the work first started two generations ago, rather than two general elections ago, which is what she meant. It probably feels like that for the Ministers and those on the Bill Committee who have been involved. It has been a huge amount of work.

Police, Crime, Sentencing and Courts Bill

Apsana Begum Excerpts

2nd reading & 2nd reading - Day 1
Monday 15th March 2021 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

Thank you, Mr Deputy Speaker, for calling me to speak in this incredible important and timely debate.

Those of us who continuously rejected the recent Covert Human Intelligence Sources Bill did so partly because of the impact that it would have on the freedom to protest. That freedom is being challenged yet again today, through the authoritarian measures proposed in this Bill.

This weekend, people across the country watched in horror the visual evidence of the disgraceful police action towards peaceful attendees of a vigil to mourn the murder of Sarah Everard and to express a collective anger and despair that so many women still suffer violence at the hands of men as part of their everyday life. Despite the Government’s attempt to conjure up smoke and mirrors earlier today, a spot of damage control if you like, this incident exactly demonstrates that there are still serious questions about the powers that our police forces have, the way that these powers are executed, towards whom they are targeted, how they are scrutinised, and how those with such powers are held to account.

The Government regularly express their concern about human rights in other countries. If enacted, however, the Bill before the House today would

“expose already marginalised communities to profiling and disproportionate police powers through the expansion of stop and search, and Gypsy, Roma and Traveller communities may face increased police enforcement through the criminalisation of trespass.”

Those are not my words, but the words of the director of the well-respected human rights organisation, Liberty.

Protests are often a space for the most marginalised to make their voices heard. In the past year, we have seen that in the Black Lives Matter protests and we have seen it over this past weekend. Just as police rode into protesters on horses last year, so, too, did they violently grab women on Saturday night.

Freedom of speech intrinsically linked to the freedom of protest should be enshrined in our legislation so that it is available to all. The Bill, however, would give the Government even more power to decide whether a protest should be allowed to go ahead. Given that our current Home Secretary refers to anti-racist Black Lives Matter protesters as “thugs”, it is no wonder that people up and down the country are alarmed. The crux of the matter goes beyond that. The right to protest must be protected or else we find ourselves on an extremely worrying path, with a totalitarian Government able to silence whoever they choose.

Despite the rhetoric, all evidence indicates that this Bill is unlikely even to cut crime and to make those whom it intends to protect safer. Successive Governments have brought in longer sentences and created even more prison places, and that has not reduced crime or slowed the rate of offending.

The impact of this Bill will be felt by marginalised communities more than any other. It will be felt by women, unable to protest at the everyday violence they face. It will be felt by ethnic minority communities, Gypsy, Roma and Traveller communities, trade unions, anti-racist campaigners and climate emergency campaigners—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am afraid we must leave it there.

Fire Safety Bill

Apsana Begum Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con) [V]]

I start by sending my very best wishes to my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire). We want to see him back soon, but it is good to see this Minister, my Hampshire neighbour, leading the debate today.

Owning your own home is a very British dream, but it has turned into a nightmare for thousands in the aftermath of Grenfell. That is why there is such strength of feeling across the House today. Our thoughts will always be with those lost in the Grenfell tragedy, with those who are grieving and with those who survived, but there are now thousands more who are dealing with the building safety consequences of those events.

In the UK it should not be high risk to buy a home in a block of flats built and marketed by a reputable house builder under strict building control regimes, only to find that the professional and regulatory checks have been a fiction. That is a situation in which hundreds of my constituents find themselves.

It is clear from today’s debate that no one wants residents to pay for this disgraceful behaviour, that there cannot be a blank cheque from Government, and that those who caused the problem have to pay for the works that are needed. The only question is how we achieve all that, so I warmly welcome the Government’s announcement of an additional £3.5 billion to fund remedial work, a grant scheme for low-rise buildings, a builders levy and a property developer tax. This will be of some reassurance to leaseholders, and a start to making sure that those responsible for the failings are made to pay for what they did wrong.

I accept the argument of my hon. Friend the Minister that this may not be the right place for further assurances on remediation costs and, given his undertaking to look at this further in the Building Safety Bill, I will pause my support for the amendments today. He has been constructive and helpful in his contribution.

In the meantime, the Government have to show how funding promises will work in practice. I thank my right hon. Friend the Secretary of State for working with me to identify how funds will flow for the waking watch relief fund and remedial works. Making this work in practice has to be a ministerial priority in the coming weeks.

There also needs to be complete transparency from Homes England on which buildings have been accepted into the scheme, and that if eligible costs legitimately increase from the initial assessment, applicants can claim from the fund for a cost variation. Above all, these plans need to be in place as quickly as possible, and the Government need to tackle the insurance problems that many leaseholders now face.

Remediation works will not happen overnight, but it is in no one’s interest to delay this Bill, which includes provisions from my 2018 fire safety ten-minute rule Bill. If there is not clear progress, more action will be needed in the Building Safety Bill when it is considered later this year.

[Apsana Begum (Poplar and Limehouse) (Lab) [V]]

I rise to speak in support of Lords amendment 4 and the amendments tabled by those on the Labour Front Bench. I also express my support for what is colloquially coined the McPartland-Smith amendment. The common thread is to urge the Government to ensure that freeholders do not unjustly pass fire safety remediation costs on to leaseholders and residents. Too many of my constituents are living in dangerous homes, facing huge financial and legal liabilities for remediation of building safety defects not of their making. Too many are suffering anxiety and stress from living in blocks with ACM and other types of cladding, whether in New Providence Wharf, New Festival Quarter or Indescon Square, to name just a few. Residents have contacted me in despair, devastated that they have been hit with huge bills for work to make their buildings fire safe. They have described the nightmarish situation they are in, living in unsafe homes that they cannot sell, with no idea when they will be made safe. Meanwhile, developers such as Bellway and Ballymore have continued to make huge profits, thanks to Government inaction, privatisation, and deregulation of the housing sector.

The cladding scandal must end. How is it possible that so many residents are still living in blocks that are unsafe? This is the reality of what so many people are enduring on a day-to-day basis, trapped in a never-ending game of buck-passing between the Government and the developers. No one wants to take responsibility; no one wants to pay to resolve the situation; and each looks to the other to step up. However, what is clear and indisputable is that people in my constituency and all over the country bought homes in good faith to build their lives in. I urge the Government today to rethink their approach and finally do the right thing by people who are having a really difficult time, and support amendments to the Bill.

I also express support for Lords amendment 2, which would place robust requirements on building owners or managers, and implement recommendations from phase 1 of the Grenfell Tower inquiry. We need to be sure that the Grenfell Tower fire never, ever happens again. Years have passed since the catastrophe, and still no one has been called to account. When will we ever get answers? When will victims ever get justice? The truth is that decisions stretching back years have led to the gutting of the UK’s fire safety regime, and the failure to regulate high-rise residential buildings properly for fire safety.

I conclude with this: our constituents and our communities need much more decisive action than we are getting from this Government. It is absolutely not fair that leaseholders or residents are left to pay for building safety works that have not arisen because of any fault on their part, and it is unacceptable that people continue to live in their current state of limbo in unsafe buildings. I plead with the Minister today to end this impasse, and finally do the right thing.

[Stephen Hammond (Wimbledon) (Con) [V]]

I am pleased to make a small, short contribution to this afternoon’s debate and, like so many others, wish my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire) all the best.

For many in Wimbledon, the dream of home ownership —the aspiration to have a home—has gone from a dream to a nightmare because of these cladding and safety problems. I listened carefully to the Minister, and he is right: it is our duty to protect and provide legal certainty to leaseholders who are facing these issues through no fault of their own. As such, I warmly recognise and welcome the efforts of my right hon. Friends the Secretary of State and the Housing Minister, who have provided an extra £3.5 billion to make a total of £5 billion. I also recognise that this is for cladding, and that a number of other remedies will be required. On that basis, the principle must be that the defector must pay.

The Government have rightly said on a number of occasions that the costs must not fall on the leaseholder, and, in making the extra contribution to the fund, my right hon. Friend the Secretary of State said that he was taking a risk-based approach. The approach for people living in buildings under 18 metres is supposedly similar. We are told there is going to be new guidance that will ensure that risk-based approach will happen, so that many buildings under 18 metres will not necessarily be within the scope of remediation, and that no one will pay more than £50 even if they are. However, we have no details. We have no guarantees that the banks and the insurers will respect these new assessments, and provide mortgages and decrease insurance costs. We have no guarantee that when the Royal Institution of Chartered Surveyors produces this guidance it will take precedence, and that the EWS1 forms will be produced.

The Government have said that the details of these schemes will be available shortly. However, until they are available, there is no certainty for leaseholders in blocks under 18 metres, and, as has already been said, they may become liable for costs earlier than that. My hon. Friend the Member for Southampton, Itchen (Royston Smith) has already pointed out that this is not an unlimited ask of the Government; it is a specific ask, saying that those who caused the defects should pay.

I listened carefully to the Minister, and I will listen again, but I say to him that the Government could have provided some certainty today by agreeing to bring forward an amendment in the Building Safety Bill, or indeed an amendment that would have given a clear hint in this Bill. Until that happens, unfortunately, lease- holders in buildings under 18 metres will have no certainty, and they deserve it.

Domestic Abuse and Hidden Harms during Lockdown

Apsana Begum Excerpts

Thursday 14th January 2021 Commons Chamber

[Victoria Atkins]

I thank my right hon. Friend sincerely. Yes, we know that the plight of victims in the BAME community and those of others in similar situations means they may find it very difficult to reach out. The Home Office works very closely with specialist charitable organisations—I myself have the pleasure of working with them as well—to make sure that the policies we are introducing will help with the whole realm of problems, issues and abuse that victims face. I very much thank my right hon. Friend for her help in ensuring that the Women and Equalities Committee scrutinises our work.

[Apsana Begum (Poplar and Limehouse) (Lab) [V]]

Running away from home, wanting a divorce, wanting to marry and saying no to marriage are some of the scenarios that victims of abuse have contacted the charity Karma Nirvana about since the lockdown. Lockdowns and this crisis have produced the economic conditions to increase forced marriage, no doubt among families already struggling with food and financial hardship in particular. Will the Minister work with her counterparts leading in the Department for Education and the Department for Work and Pensions to deliver a plan to tackle forced marriages in lockdown that provides sufficient economic protection to households so that they are not choosing between their children marrying or going hungry?

[Victoria Atkins]

The hon. Lady sets out one of the most heinous forms of hidden harms. I hope she knows of the work we have done to tackle forced marriage both before and during the pandemic. Certainly, I always enjoy working with Karma Nirvana on this. I am conscious of time, so if I may, I will write to her with the specific steps we are taking to help victims of forced marriage.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Apsana Begum Excerpts

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

Madam Deputy Speaker, thank you for calling me to speak in this important debate. Like many others, I am astounded at the gravity and significance of this Bill. The Government have said that the Bill seeks to place existing practice on a clear and consistent statutory footing and reflect existing practice, but of course many have criticisms of existing practice, and the case law shows that the legalities in this area have not yet been fully considered. This Bill goes way, way beyond the status quo, and it comes just over a week after the Overseas Operations (Service Personnel and Veterans) Bill, which could result in torture and other serious crimes being protected from prosecution.

Barely a week passes without this Government announcing yet another departure from recognised rules of domestic and international law. Just before the summer, the Counter-Terrorism and Sentencing Bill passed through Parliament, delaying the long-awaited review of Prevent, which fosters discrimination against Muslims, and introducing significant curtailments of civil liberties, which will disadvantage ethnic minorities. Last week, we debated the Coronavirus Act 2020, about which human rights and anti-racist campaigners have raised concerns that powers are being used in discriminatory ways, particularly against black, Asian and minority ethnic people.

The trajectory is chillingly clear. As Unite the union says, there is much to be concerned about in this Bill in respect of the impact on freedom and justice in the UK. The Joint Committee on Human Rights has expressed concern about the human rights implications of the Bill. Is it not the case that the Human Rights Act cannot be seen as a safeguard against the authorisation of agent criminality because the Government have previously taken the position that the HRA does not apply to crimes committed by their covert agents? Is it not the case that because an individual cannot currently be prosecuted under the HRA or the European convention on human rights, an agency or Government can only be sued after the event for damages, meaning that there would not be any protection for victims nor any disincentive for agents under this Bill? Is it not the case that covert agents would not only be committing crimes, but be inciting crimes to build their cover and undermine the moral authority of protest movements?

[Mr Kevan Jones]

I am sorry, but the hon. Lady obviously does not know the way in which covert agents are working. They are under strict protocols now; there is no legislation covering this issue. Although I accept the need for some more protections in the Bill, it gives authorisation in legal statute, which is not there at the moment.

[Apsana Begum]

I take the point, but I believe that under the HRA a prosecution cannot currently be brought, so that is not a safeguard that is actually in statute. [Interruption.] I will make some progress.

Is it not the case that covert agents would not just be committing crimes, but be inciting crimes to build their cover and undermine the moral authority of protest movements? It is, I suppose, why organisations such as Privacy International, Reprieve and others argue that the Government cannot convincingly claim that the HRA will provide a sufficient safeguard. Perhaps the Minister will say more about that today.

Let me come to what is for many the crux of the Bill. There is a grave and real danger that it could end up providing informers and agents with a licence to kill. Put simply, it is deeply alarming that the proposed law does not explicitly prohibit MI5 and other agencies from authorising crimes such as a torture and killing. This is not an abstract or philosophical question. We have seen the consequences of undercover agents in paramilitary organisations operating with what some believe to be apparent impunity while committing grave human rights abuses, including murder. Independent inquiries have found that, at times, when intelligence units of the security forces were running informants they were acting as though the law did not apply to them. This legislation also cuts across a case that is going through the courts—the third direction case—and does not give Parliament the chance to hear the higher Court’s views about the state of the law.

We have heard much rhetoric today about safety and security. Are there safeguards for potential victims of crime, for our trade unions and for people expressing their hard-won right to protest? Are there protections for ethnic minorities—Muslims, in particular—who we know are disproportionately at risk of state violence?

[Rehman Chishti]

Will the hon. Lady give way?

[Apsana Begum]

I will make progress. This legislation seeks to allow the state legally to act with impunity in its surveillance missions. It hard not to see the Bill as another iteration of the expansion of state surveillance and the criminalisation of marginalised communities. We should not let our fundamental values of human rights, justice and equality be undermined.

On the international stage, we must stand up for the values we share: of justice, human rights and democracy, and of working with others to keep people safe by ending conflict and tackling the climate emergency. It is because I believe in those fundamental values and because I am committed to keeping all our communities safe that I will stand up against the Government’s increasingly draconian approach, which seeks to strip away the very freedoms that people in my constituency and all over the UK hold dear.

Fire Safety Bill

Apsana Begum Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 7th September 2020 Commons Chamber

I pay tribute to the firefighters, support staff and all those across the service who have gone above and beyond during the pandemic, but this response lets them down, as well as the public they serve. This Bill was an opportunity to address more fundamental issues. By tabling these amendments and five new clauses, my party has attempted to speak to those communities in Grenfell and beyond who desperately want to see real action on fire safety. They should not have to wait any longer. They deserve that, at least.

[Apsana Begum (Poplar and Limehouse) (Lab)]

Earlier this year, during the Second Reading debate on this Bill, I and many others expressed concern that it was clear that it will not solve the problems that my constituents are facing. Having spoken to residents and leaseholders in my constituency and beyond who are suffering from anxiety and stress, I outlined how leaseholders in blocks with ACM and other types of cladding are experiencing problems in selling or remortgaging their homes. I raised the alarm that up to 60,000 worried residents are still living in buildings wrapped in lethal Grenfell-style cladding over three years after the fire. This is despite the Government setting a deadline of the end of 2019 for all social sector blocks to be made safe and a deadline of June 2020 for all private sector blocks to be made safe, both of which have now been missed. Instead, over 80% of private sector buildings and nearly half of social sector buildings affected have still not had this dangerous cladding removed and replaced. In fact, in June it was reported that the Government are now not expected to remove the same cladding that was on Grenfell from high-rise homes until a full two years after their own deadline and five years since the tragedy itself. How can this still be the case and how can this be right?

Yet the Bill before Parliament today is only a modest improvement, at best, to the fire safety regime. It does not do enough to break the tortuous pattern of buck-passing leaving residents trapped in between authorities and the building owners. It does not do enough to address the fact that many residents are suffering from anxiety and stress. It does not do enough to resolve the fact that leaseholders in blocks are experiencing problems in selling or remortgaging their homes. Most fundamentally, it is inadequate in protecting people who are being forced to continue to live in an unsafe building.

The Government promised in October to implement the full recommendations of the Grenfell Tower inquiry, yet nearly a year later the Bill does not contain a single measure recommended by the inquiry. For many, Grenfell showed how little black lives matter to the British establishment because of the unavoidable and clear fact that so many of the affected residents were of BAME and working-class backgrounds. Why is it that 72 people are killed in their homes and no one is deemed to be responsible? When will we ever get answers? When will the victims ever get justice?

We need to be sure that a Grenfell Tower fire never ever happens again. The truth is that decisions stretching back years have led to the gutting of the UK’s fire safety regime and the failure to regulate high-rise residential buildings properly for fire safety. Policies relating to fire and rescue services have too long been driven by an agenda of cuts, deregulation and privatisation fostered by the direct lobbying of private interests.

The Fire Brigades Union has raised concerns about the Regulatory Reform (Fire Safety) Order 2005 since it was first imposed, pointing out that many responsible persons who own and manage residential premises have not been assessed for the fire risks in their buildings and have not introduced sufficient measures to keep people safe in their homes. The Fire Safety Bill will require substantial investment to ensure adequate staffing levels and appropriate levels of training. Yet, according to the Fire Brigades Union, the Home Office’s impact assessment written for the Bill underestimates the amount and complexity of the work involved, and therefore underestimates the amount of funding necessary to ensure that the legislation is effective. In the meantime, firefighters have been taking on new areas of work to keep our communities safe. More than four fifths of fire and rescue services have delivered packages of food, medicines and other essentials to vulnerable persons, which is the most frequent activity carried out by firefighters.

We need more decisive action from the Government. Too many of my constituents are living in dangerous homes and facing huge financial and legal liabilities for remediation of building safety defects that are not of their making. Our firefighters, our constituents and our communities have the right to expect so much more.

[Nick Fletcher (Don Valley) (Con)]

I am pleased that the remaining stages of the Fire Safety Bill are being debated in the House today. Some hon. Members will know that, as an electrical engineer, fire safety is an issue that is of great interest to me. Having spoken on Second Reading, I was reassured that fellow Members felt as strongly as I do about this issue, and that has been demonstrated yet again in today’s debate.

Having managed my own electrical company for many years before being elected to this place, I know how vital it is for residents to know that their accommodation is safe and secure. It is for that reason that I spoke on Second Reading and have closely followed developments on this Bill since then.

That said, hon. Members noted possible issues regarding the responsibilities of leaseholders and freeholders under this legislation, which leads me on to why I shall be speaking in favour of the amendment tabled my hon. Friend the Member for Southend West (Sir David Amess) today. The amendment is of significant importance to building safety. We have all heard of portable appliance testing and we have all seen the green labels on our appliances, yet, although the appliance may be of good order, it is vital that the socket into which we plug these items is also of good order. Furthermore, all the wiring that provides our lighting and heating should also be inspected and tested. That is already law in rented properties, but it is only advised for privately owned premises. The fact that the tenure of an individual flat within the same block decides whether or not it is tested for safety is far from ideal, and it fails sufficiently to guarantee the safety of all residents.

As we have seen, fire spreads very quickly, and although buildings are constructed to stop this spread, this is not always successful. The reasons for that are numerous and can be down to deterioration of the fabric, poor management of fire prevention, or even poor building maintenance work when work is carried out on the fabric of the building by unskilled or unsupervised personnel. Fixed-wire testing of all wiring within the building is therefore of paramount importance.

Secondly, it is my belief that an appliance register is a must as we have all seen the effects that a faulty appliance can cause. A register by a responsible management company is not an onerous task and would substantially help towards reducing fires owing to a faulty appliance that has been part of a recall, but not actually recalled. I would hate to think, after all the time spent on the Bill, that it falls short and that another incident such as Grenfell then happens due to a faulty appliance or an electrical system that has failed because of a lack of maintenance. It is therefore crucial that the Ministry of Housing, Communities and Local Government looks into this, as reducing the source of fires is far better than preventing their spread. This amendment does exactly that, and if it cannot be addressed today, the Minister may want to further investigate the merits of what is being proposed in the upcoming fire safety consultation and the draft Building Safety Bill.

It is vital that the Government do not allow anomalies in this area if they are to truly demonstrate their commitment to ensuring that everyone has a safe place to live. I believe that the amendment would strengthen the Bill. That said, while it may not go through the House today, it will be a great shame if right hon. and hon. Members do not press for what it is asking for in future.

This Bill is very welcome and it has my support. Three years on from Grenfell, it is high time that the wrongs of the past are put right. I also add that if the Minister would like my help with the Fire Safety Bill, please do ask.

Counter-Terrorism and Sentencing Bill

Apsana Begum Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st July 2020 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab)]

I am grateful for the opportunity to speak in this important debate.

It is our duty to reflect, calmly and seriously, on what we need to do to give people real security. This includes having the courage and strength to stand up as a matter of conscience and speak out when we see things around us that are wrong. That is why I must rise to say that the approach laid out in this Bill is fundamentally wrong. Terrorism suspects who have not been convicted of any offence now face expanded and potentially never-ending measures to control their lives. In the words of Rachel Logan, Amnesty International’s UK legal expert,

“It was never right to drastically curtail people’s liberty on the basis of secret, untested evidence using control orders or TPIMs—and we seem to be diving headlong into that territory where the standard of proof is extremely flimsy and people’s liberties can be curtailed on an indefinite basis.”

Indeed, there are real problems with the protection of human rights in the UK. In many areas, particularly in the spheres of immigration control, national security, counter-terrorism, freedom of association and speech, and the treatment of persons with disabilities and other vulnerable groups, UK law has been the frequent subject of criticism from experts in the UN Human Rights Committee and from the Council of Europe.

For some time, many have raised concerns that our approach to counter-terrorism is perceived by some to have been modelled on Islamophobic stereotypes, policies and political structures. That is why it is utterly extraordinary that the Bill removes the existing statutory deadline for the completion of the independent review of the Prevent programme. As people will know, Prevent is widely criticised for fostering discrimination against people of Muslim faith or background. It was developed without a firm evidence base and is rooted in a vague and expansive definition of extremism. It includes overt targeting of Muslim children in schools and has meant that our Muslim young people, in particular, are increasingly being viewed through the lens of security. Many, including some in this Chamber, have expressed how they have been moved and inspired by the Black Lives Matter protesters all around the world. It is an absolute insult that rather than listening and learning as people were calling out the state regarding racism, Islamophobia and discrimination, this Bill will further entrench discrimination against Muslims.

As someone who has first-hand experience of the rise in Islamophobia over the past decade, I know that every single day people of Muslim backgrounds like me face discrimination and prejudice. It is not just about enduring offensive remarks and presumptions, bad as those are, but about living with a real and serious constant threat to our faith group. At the same time, far too often, the foreign policy of successive Governments has fuelled, not reduced, the threat to us all. Yet recently we learned that the UK is to resume sales of arms to Saudi Arabia despite concerns that they could be used against civilians in Yemen in violation of international humanitarian law. That is why my constituents in Poplar and Limehouse know better than most that we must never again embark on illegal wars, imperialism and destruction but instead adopt a progressive, outward-looking global view driven by social justice, solidarity and human rights. The so-called war on terror has manifestly failed, despite the human cost being so devastating.

As has been pointed out by many, the covid-19 global pandemic has profoundly demonstrated that compassion becomes the tie that connects us to one another. Now, more than ever, we must come together and resist those that seek to divide us through violence, intolerance and hate. We cannot let this threat of terrorism take away our hard-fought-for rights and freedoms. We should not let our fundamental values be undermined.  Our values are about caring for the whole of society and all our people, not walking by on the other side of the street when they need our help and support, and loving our communities enough to make this a place where nobody is homeless, hungry, held back or left behind. On the international stage, we must stand up for the values we share—justice, human rights and democracy—and work with others to keep people safe by ending conflict and tackling the climate emergency.

I am humbled and inspired by how people continue to organise to protect our communities, and I want to take this opportunity to recognise the enormous contribution that Muslims across Britain make to our country, our communities and our way of life, from which the values of respect and understanding derive. Those values resonate with everyone as we strive to build a better society for us all. In the end, it is only that hope that can lead us out of despair.

[Zarah Sultana (Coventry South) (Lab)]

I rise to speak about issues relating to amendments 37, 38, 40 and 46. I was seven years old on 11 September 2011, and that awful day passed a long shadow over my childhood. As a young Muslim, I saw the effects of the war on terror at home and abroad. At home, it meant rising Islamophobia, the steady erosion of civil rights, and the installation of cameras on streets near my childhood home. We were told that they were for traffic control, but we soon learned that that was not true. It was an area with a significant Muslim community, and we were being watched. As I got older, I became far too familiar with that. My community were seen not as citizens worthy of equality and respect, but as a threat viewed with hostility and suspicion.

At school and university, I encountered the effects of Prevent. It was said that it was targeting radicalisation, but when it resulted in Muslim university students being reported for reading terrorism-related textbooks as part of their degree, we knew that its effect was to target Muslims and erode the civil liberties of all. If we are worried about free speech on campuses, we need to look at the Prevent strategy.

In the past few years, terrorist atrocities have continued to rock communities across the world, from horrific antisemitic and white supremacist attacks, like that which hit the Pittsburgh synagogue in 2018 and the Christchurch mosque massacre in New Zealand last year, to the far-right extremist who assassinated a Member of this House in 2016 and the devastating attack that cruelly took 23 lives in Manchester in 2017. Everything must be done to combat such awful acts and keep our community safe. We must respect individual liberty and tackle the hate and fear that drives such horrific acts.

I have real concerns that the Bill falls short of those standards. First, it introduces control orders in all but name, which threaten all our civil liberties. Secondly, it removes the statutory deadline to review Prevent. Thirdly, it abandons any attempt to rehabilitate and reform, and instead keeps individuals trapped in a permanent web of surveillance and prisons.

On the first point, concerns and objections to changes to terrorism prevention and investigation measures have been raised by independent reviewers, including the independent reviewer of terrorism legislation, and civil rights groups such as Liberty and Amnesty International. Liberty says that the change

“reintroduces Control Orders in all but name”.

Control orders have allowed people to be placed under indefinite house arrest, without ever having been convicted of a crime or even having known the evidence against them. The coalition Government rightly abolished them, but this Bill effectively brings them back. Liberty says that the changes pose

“a threat to fundamental pillars of our justice system.”

That should be a concern to us all, so I encourage Government Members to support amendments 37, 40, 46 and 47.

On the second point, the Bill removes the statutory deadline for an independent review of the Prevent programme. To say that the programme needs an independent review is a serious understatement. Again, human rights organisations have consistently raised concerns about it. In 2018, Amnesty International said that it was developed

“without a firm evidence base and rooted in a vague and expansive definition of ‘extremism’”.

Countless examples can be found of the programme’s discriminatory impact on Muslims. In addition to the ones I have already mentioned, I want to include that of an eight-year-old boy who was questioned by Prevent officials after his teacher mistook the writing on his T-shirt, as well as the labelling of countless Muslim individuals, charities and mosques as extreme by the Government. The flaws of the programme have reached such heights that the likes of Greenpeace, the Campaign for Nuclear Disarmament and Extinction Rebellion were put on Prevent documents alongside proscribed neo-Nazi terror groups. The case for a statutory review of Prevent is clear, so I again urge Conservative Members to support amendments such as amendments 38 and 51.

On the final point, this Bill omits any effort to improve rehabilitation, which is an absolutely key measure to keeping our communities safe and preventing future attacks. Endlessly locking people up and interning them in underfunded, overcrowded, privately-run prisons is no way to protect the public. Instead, it is simply a recipe for creating more problems down the line.

I cannot support the approach of this Bill. We need to tackle terrorism, and we need to do that through prevention, but also by tackling the fear and hate upon which it thrives by bringing communities together and by never letting us be divided on the grounds of race and religion.

Domestic Abuse Bill

Apsana Begum Excerpts

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

New clause 15 and new clause 20 will protect children and partners in Rother Valley and across the country. The wide-ranging and detailed nature of this Bill is a clear reminder that the Government will pursue domestic abuse wherever it exists. I am pleased that so many from across this House have been working together to make sure that anything that can be ironed out in the Bill will be, to make sure that children are put at the heart of it. For that reason, I am proud to support these Government amendments to this transformative Bill.

[Apsana Begum (Poplar and Limehouse) (Lab)]

I rise to speak to amendment 35 in the absence of my hon. Friend the Member for Walthamstow (Stella Creasy), who could not be here to contribute to this debate in person as her childcare needs mean that she has a proxy vote. I would like to express my appreciation to her for her work in tabling amendment 35.

Amendment 35 goes to the heart of so many cases of domestic abuse in that it makes the link between domestic abuse and misogyny. Violence against women and girls does not occur in a vacuum. Hostility towards women and girls generates a culture in which violence and abuse is tolerated and excused. Changing that means challenging not only individual acts of abuse but the very source that enables them. The gathering of evidence about the extent, nature and prevalence of hostility towards women and girls, and how that interplays with the experience of domestic abuse, is crucial to recognising these connections.

The amendment proposes to mandate police forces around the country to record misogyny as a hate crime where they are not ordinarily doing so. The mandatory collecting of data by police forces would help to assess how misogyny influences the experience of domestic abuse. Once we start to record the experiences of women victims by acknowledging, naming and recording the problem of male violence, male entitlement and gender bias together with women’s reported experiences, we not only start to track perpetrators but can seek to add to our understanding of the nature of violence against women in order to work on how to end it. As my hon. Friend the Member for Canterbury (Rosie Duffield) said, for many abusers the idea of a strong, independent, successful woman is just that—an idea—but

“they do not like the reality”.—[Official Report, 2 October 2019; Vol. 664, c. 1273.]

Misogyny in the context of domestic abuse can present itself in an abuser characterising women other than his partner with sexist stereotypes and admonishing his partner to be different. An abuser may want his partner to dress and groom attractively or even modestly but then label her for doing so. Despite evidence from a number of police forces around the country about the benefits of adopting such an approach, the Government have not yet commented on whether all police forces should do so. I would welcome the Minister’s views on that.

The Law Commission is about to launch a consultation on how to include misogyny in hate crime legislation. It is right to wait for the outcome of that work, but that should not prevent the Government from gathering data that would influence the prosecution of such a crime or recognise its place in understanding violence against women. I would welcome the Minister’s views on the Government’s understanding of the role of misogyny in causing violence against women and their assessment of the impact the policy has had to date in police forces where it has been enacted, such as in Nottingham. The amendment will no doubt allow women to name their experiences and let them know they will be believed when doing so.

Fire Safety Bill

Apsana Begum Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 29th April 2020 Commons Chamber

[Apsana Begum (Poplar and Limehouse) (Lab) [V]]

Many of us simply cannot understand why tens of thousands of residents still live in blocks with Grenfell-style cladding. When we look beneath the rhetoric, the endless legal complexities and the passing of the proverbial buck, that is the truth of the situation and the reality of what so many people endure day to day. That is what is important here and what is at stake. Years have passed since the Grenfell catastrophe, and yet still no one has been called to account. When will we ever get answers? When will the victims ever get justice?

To be completely clear and frank, it is utterly unacceptable that residential blocks in my constituency of Poplar and Limehouse and elsewhere, covered in Grenfell-style ACM cladding, have still not had it removed. The remediation of unsafe buildings is a national issue, and supporting affected residents and leaseholders must be paramount, but it is not clear that the Fire Safety Bill will address the fact that a majority of the blocks remain covered almost three years after Grenfell, and that other types of cladding identified as dangerous and ordered to be removed have not yet been removed.

I am alarmed that residents and leaseholders are suffering from anxiety and stress, and that leaseholders in blocks with ACM and other types of cladding experience problems in selling or remortgaging their home. Most fundamentally, people are forced to continue to live in an unsafe building. It is not obvious what will be done for the hundreds of blocks that have either missed, or look set to miss, deadlines for cladding removal, or what assistance the Bill will give to residents who are trapped in buildings with Grenfell-style cladding but where work has stopped because of covid-19.

On top of that, there is much uncertainty regarding the sufficiency of the Government’s funding and assistance. The Government must acknowledge the difficulties that leaseholders face in particular, and the Government need to ensure with action, not simply words, that remediation work should not in any circumstances whatever fall on individual leaseholders in affected private blocks. Likewise, it would be helpful if the Government provided assurances today that support will be extended to all leaseholders, regardless of the type of unsafe cladding on their building, and that the coverage of the cladding replacement fund will extend to all types of blocks that the local fire service has identified as being unsafe.

As mentioned, the coronavirus has caused many contractors to cease work on cladding sites, while others have not even begun yet due to complex legal disputes. Such delays mean that residents in buildings continue to face extortionate fees for interim safety measures. The Government must ensure that leaseholders in blocks are not forced to shoulder the costs of such interim safety measures, especially those in blocks whose owners have been named and shamed by the Government for refusing to make their blocks safe.

The Bill is only a modest improvement to the fire safety regime. As I and many colleagues have said, it does not fundamentally solve the problems we face. That will require substantial investment in fire and rescue services, to ensure adequate staffing levels and appropriate levels of training. Yet existing policies continue to cut frontline services. In the meantime, firefighters take on new areas of work to keep their communities safe. On the frontline, they are helping us through this crisis, while still responding to fires and other emergencies.

It is time for the Government to step up, to take responsibility and ownership of the issue, and to ensure that the Grenfell Tower fire never ever happens again. The truth is that the decisions of central Government, stretching back for years, have led to the gutting of the UK’s fire safety regime and the failure to regulate high-rise residential buildings properly for fire safety.

Policies relating to housing, local government, the fire and rescue services, research and other areas have been driven by the agenda of cuts, deregulation and privatisation, fostered by the direct lobbying of private business interests. What is certainly without any doubt is that it is not the fault of individual residents that they are now subjected to the awful situation of living in an unsafe building. They most certainly should not have to pay the price accordingly.