UK Border Agency

Baroness Blackwood of North Oxford Excerpts

Wednesday 4th July 2012 Commons Chamber

[Keith Vaz]

It is indeed. There seems to be a paralysis on the part of senior officials of the UKBA, who just create more of these archives and move the backlog into different areas without trying to solve the problem.

The archive has now been reduced from 98,000 to 93,000, and from January to March 2012 it fell to 80,000. When Mr Whiteman, the chief executive of the UKBA, who has been brought in as a new broom to try to make sure that these matters are sorted out, last appeared before the Committee, he promised us that the archive will, in effect, be closed by 31 December 2012, and we will hold him to that promise. His predecessor, Lin Homer, who because of the fabulous work that she did at the UKBA has been promoted and is now one of the permanent secretaries at the Treasury, gave us a promise when she said, in answer to my hon. Friend the Member for Walsall North (Mr Winnick), who had requested that the legacy cases be concluded by the end of last summer, that every single legacy case would be concluded by the end of last year. [Interruption.]As can be seen from the reaction of right hon. and hon. Members here today, that has not happened. The UKBA has probably just created another of the filing systems where it puts various files when it does not know what has happened to the people involved.

[Nicola Blackwood (Oxford West and Abingdon) (Con)]

Does the right hon. Gentleman agree that one of the key areas in which we need to hold the UKBA to account is data management? It is almost impossible to understand what is going on and who is going where if we do not have clarity and transparency about the numbers.

[Keith Vaz]

The hon. Lady is absolutely right. She makes that point every time the head of the UKBA appears before us; I do not know whether she is an expert on data management. It is a big problem because, in the end, the immigration debate is about statistics. If the statistics are not right and we are unable to get the proper data, we cannot have an effective debate about what is happening.

--- Later in debate ---

[Keith Vaz]

My hon. Friend is right. I have many examples of people who have come to my constituency only for the colleges to be closed down. That has happened to one or two colleges in Leicester. Where do those people go in the meantime? The colleges are bogus, but the students are not. They have paid their money in good faith. They are then in limbo if they do not have a different educational establishment to go to.

[Nicola Blackwood]

Will the right hon. Gentleman give way?

[Keith Vaz]

I will give way as we are talking about education and it is the hon. Member for Oxford West and Abingdon who wishes to intervene.

[Nicola Blackwood]

As always, the right hon. Gentleman’s generosity is extraordinary. Does he agree that it is vital to get the message right on student visas? It must be clear that, although we are clamping down on illegal student immigration, we are still open to genuine student immigration, because it is vital to our higher education sector. We still need the brightest and best students to come to our fantastic universities, such as Oxford university and Oxford Brookes university.

[Keith Vaz]

I agree with the hon. Lady, but that is true not only of the elite, which includes Oxford and Oxford Brookes universities, but of all the other language schools and higher education colleges that provide such a wonderful service.

I will turn to family migration, which I know the Minister for Immigration will be asked about when he comes before the Select Committee on Tuesday. The new migration changes will come into effect on Monday. That, in my view, will be a disaster for the settled British Asian community. We are dealing not with people who come here illegally, but with the settled community, which the Prime Minister rightly praised recently at a big meeting of the Conservative Friends of India. Some 1,000 members of the diaspora turned up and listened to the Prime Minister’s speech. They liked what he said, but they will not like what the Minister and the Home Office are going to do on family visitor visas.

Last week, I was presented with a case involving a wedding that will take place in Leicester in three weeks’ time. I am sure that my hon. Friend the Member for Leicester South (Jonathan Ashworth) and I will go along, as we do with every wedding in Leicester. Two sisters of the bride had applied to come over from Toronto. One sister had been allowed to come, but the other had been refused. I wrote a letter, because there was no time for an appeal. The appeals system is so awful and takes so long, as the Minister keeps telling us and the UKBA, that there was no point in appealing, because the appeal would have come up next year, well after the wedding. I therefore wrote to ask for a review. I wrote to my account manager, Saleah Ahmed, who is very efficient. He is a post box—he does not make the decisions, but sent my letter to New York, which is the hub for north America. The letter that I got back said, “Sorry, the second sister’s case cannot be looked at because we only look at cases where there is a death or serious injury.” The first sister will be able to get into the country for the wedding, but the second sister will not be allowed in, despite the additional evidence that I have sent in, which will not even be considered. If the bridegroom or the bride died, the decision might be reconsidered, but otherwise, the second sister will not be allowed into the country and will miss her sister’s wedding.

That situation will be repeated thousands and thousands of times when the right of appeal is removed and there is no effective system to deal with such problems. We have asked the Minister for meeting. I hope that he will meet Members from all parts of the House who have an interest in this matter. The right hon. Member for Carshalton and Wallington (Tom Brake), members of whose community I have met, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), who must have a huge immigration case load, the hon. Member for Bradford East (Mr Ward) and the hon. Member for Bedford (Richard Fuller)—I could go round the whole Chamber—will not like a system which means that they can no longer tell their constituents that there is a right of appeal. They will not like a system in which there is no review or in which the review will take longer than the period that is left before such a wedding. We will be inundated with cases and the system will collapse.

When I and other members of the Home Affairs Committee went to meet Jonathan Sedgwick, who heads the international section of the UKBA, he did not have a plan, because there was no ministerial plan in place. It is very important that we get such a plan in place before the changes take place. I do not like those changes, of course, but I will look at the plan that is on offer.

--- Later in debate ---

[Richard Fuller (Bedford) (Con)]

It is a pleasure to listen to the contributions to this debate from both sides of the House and to make my own. I do so as someone who has been an immigrant most of his life—I left the country in 1986, before coming back to seek to represent the good people of Bedford and Kempston in 2004—and as a son of Bedford. Bedford is probably the most ethnically diverse, multicultural town in the country, and I am extraordinarily proud to be its representative. I also speak in this debate as a full supporter of this Government’s efforts to restore confidence in our immigration system.

Mr Deputy Speaker, you rightly pointed out at the beginning of the debate that we would have the opportunity to debate not only the estimates, but the specifics of the Home Affairs Committee’s report. If I may, however, I would like to move in a slightly different direction and review the morality of the decisions we make about immigration, which have led to us spending £1 billion a year and involving 12,000 people in an apparatus to ensure that our borders are secure and that people’s confidence in immigration is restored. I say that because the situation we are now in is a consequence of the policies and actions taken over a long period, and it has grown over time. If one looks at the scale of the issue in terms of immigration control, at the longevity of its relevance and also, if I may say so, at the arrogant dismissal of the issue for so long, one can see the context in which we are evaluating the UK Border Agency, which is essentially a child of those circumstances and those facts.

It is important for us to look at the reasons why concerns about immigration reached such a high level and why we are devoting such substantial resources to immigration control. Was it a matter of purpose or a matter of incompetence over a number of years, and who is to blame? Should we blame the bureaucrats and the agents, or should we blame the political masters? I do not wish to get into the commentary by Andrew Neather from a couple of years ago about the last Government’s deliberate policy to make the UK a multicultural society or the fact that they were not straight with the British people about that, but it strikes at our understanding of the context in which we will now ask for decisions to be made by this Home Secretary and this Minister for Immigration.

My general feeling, being a new Member of Parliament, is this. How on earth did we get into this position, where so many of my constituents come to me with such heart-wrenching stories of how their lives have been eviscerated by this country’s utter incompetence, over a long period, in sorting out its immigration? It hurts me in my heart to have to look at people who have suffered torture, had to flee their own countries and had to live under the wire of suspicion having to deal with not being able to guarantee that they can make a living while the system works out what should happen with their lives. It pains me, as a member of our country, to think what that says about the United Kingdom.

In the short time I have, let me take hon. Members through a couple of those points. The term “asylum seeker” used to be a badge of honour, but now we take it to be a token of shame to be bandied about in the tabloids and used as a reason for making excuses. The UK used to be seen as a beacon of liberty for asylum seekers. We are making changes in that regard, and I am not sure that all those changes are right.

I welcome fast-track detention as a policy, but I say to the Minister that if we are going to take people through a process quickly, let us assume that each of them has a valid case. In the short period that they have, let us give them the best counsel, the best lawyers and the best psychiatric help, so that we can make that evaluation according to the highest standards that people expect from a free society such as the United Kingdom.

[Nicola Blackwood]

Does my hon. Friend agree that it is important to take into account the possibility that those who go through that process might have been the victims of torture, and that we should implement rule 35 effectively?

[Richard Fuller]

Absolutely. I agree with what my hon. Friend says about being aware of that. Some Members might have heard, at the meeting held to discuss a report on fast-track detention, about the refugee from Uganda who had had to stand in a queue in an open room and explain to an immigration officer how he had been raped, and why he was claiming asylum. We must bring to an end such unfair and ineffective processes if we are to restore our sense of decency.

The policy has also led to the detention of the innocent. How did we manage to set up a policy that results in children being put into prison? What on earth were the previous Government thinking when they permitted that to happen? Why do we continue to keep pregnant women in detention? The Independent Monitoring Board’s report on Yarl’s Wood stated that it wanted the policy on the detention of pregnant women to be reviewed, and that, in the interim, detention should be the last resort. However, according to information that I have received from Yarl’s Wood Befrienders, there were cases of women who were 35 weeks pregnant being removed from Yarl’s Wood last month. I point this out to the Minister not because I am ashamed of what he is doing—I am proud of what he is doing to control immigration—but to illustrate how far we have allowed our morality to be debased by losing control over the system.

Let me deal with detention without trial. This country is supposed to be the home of habeas corpus, yet to my simple way of thinking we seem to be ignoring that when dealing with people who come here for immigration purposes. Studies show that there are 52 people in our immigration detention centres who have been detained for more than a year, and 16 who have been detained for more than two years. I understand the process issues, and I am sympathetic to the Minister on those, but if I want to hold my country to the highest standards, I cannot be satisfied unless the practice of detention without trial is brought to a conclusion. Will the Minister consider introducing a maximum detention period for people being detained under the immigration rules?

Will the Minister also ensure that the Home Office implements its own policies thoroughly? The Government have rightly said that they want to introduce a better process for people who have survived torture, who, according to the rules, are not deemed suitable for fast-tracking or detention. To avoid detention, however, such people are supposed to have their evidence to hand. The problem with that policy is that it is very hard for them to have that evidence to hand when they are assessed. It takes time to get it together. The pamphlet from Medical Justice, “The Second Torture”, gives 50 examples of people who have suffered torture but who have not been permitted to follow the appropriate process because the Home Office is not fulfilling its obligations.

Many hon. Members have talked about individual constituency cases of people who have lived under these policies and been in hiding. A gentleman who came to my office had been here since 1996. He had sought an opportunity to stay in this country, and received it in 2011, but the delays meant that he had been unable to see his terminally ill grandfather. I also met two constituents who had fled Zimbabwe. It is not easy for anyone who flees from Zimbabwe to get their documents from that country, so of course their documents will be false. When the marks of torture and shackles are still clearly visible on their legs, however, that should be sufficient evidence in itself. I ask my Minister to sort out this mess on immigration, and to seek to reassert the highest principles of British justice, British fairness and British compassion.